Privacy Policy

Privacy Policy

Address: 2021 Fillmore Street, #1367, San Francisco, CA 94115.

Email: support@beaminghealth.com

Phone: 415-236-2178

Last revised: December 1, 2023

1. GENERAL INFORMATION

This Privacy Policy (collectively, “Notice” and “Privacy Policy”) describes how Beaming Healthcare Group, P.C. and all members of its Affiliated Covered Entity operating with support from Beaming Health, Inc. (collectively, “Beaming”, “we”  and “our”), may use and disclose your (collectively, the “User,” “you,” “your”)  personal information (referred to herein as “personal information,” personal data,” or “PII”) and protected health information (referred to herein as “health information” or “PHI”) when you use our Site or Services.

This Privacy Policy is incorporated into and forms part of the Terms. Capitalized terms not defined herein shall have the respective meanings given to them in the Beaming Terms of Service. Please read these Terms carefully before using the Site and the Services. By accessing or using the Site and Services, you agree to be bound by this Policy and the Terms.

An Affiliated Covered Entity is a group of health care providers under common ownership or control that designates itself as a single entity for purposes of compliance with the Health Insurance Portability and Accountability Act (“HIPAA”). Beaming Professionals are part of an Affiliated Covered Entity and will share protected health information with each other for the treatment, payment, and health care operations of the Affiliated Covered Entity and as permitted by HIPAA and this Privacy Policy.

For a complete list of the members of the Beaming Professionals Affiliated Covered Entity, please contact support@beaminghealth.com.

1. OUR PROMISE TO YOU

We collect personal information, which is defined under the data privacy laws, and means information that may identify you or your household. Since we operate as a Covered Entity, your personal information may also be health information as defined under federal law (HIPAA, and its implementing regulations). We understand that health information about you and your health care is personal. We are committed to protecting personal and health information about you. We create a record of the care and services you receive from us. We need this record to provide you with quality care and to comply with certain legal requirements. This Notice applies to all of the records of your care generated by Beaming. This Notice will tell you about the ways in which we may use and disclose your PII and PHI. We also describe your rights in and to the PII and PHI we keep about you, and describe certain obligations we have regarding the use and disclosure of your PII and PHI. We are required by law to:

• Make sure that PII and PHI that identifies you is kept private.
• Give you this Notice of our legal duties and privacy practices with respect to personal and health information.
• Follow the terms of the Notice that are currently in effect.
• Tell you if there has been a breach that compromises your personal or health information.

BY USING THE SITE AND SERVICES, YOU AGREE THAT WE CAN COLLECT AND USE YOUR PII AND PHI AS DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE OR SERVICES.

1. OUR LEGAL BASIS FOR PROCESSING PERONAL AND HEALTH INFORMATION

To the extent that our processing of your Personal or Health Information is subject to certain privacy laws or HIPAA, Beaming processes Personal and/or Health Information on the following legal bases:

Contract Performance: When you access and use our Site and Services, you agree and accept our Terms of Service. Our Terms of Service is a contract between you and Beaming, and we process your information to provide you with the Site and Services based on performing that contract.

Consent: We rely on your consent to use your information under the following circumstances: when you access or utilize our Site and or Services; when you decide to participate in any Beaming events, research project, beta program, or surveys; when you contact us or inquire about a job or our services; or for marketing purposes, where applicable. We may also rely on your consent when you interact with our Site. You can access, modify, and delete the information you provide to us through the Site or Services at any time and you may withdraw your consent at any time in accordance with this Policy.

Legitimate Interests: Generally, the remainder of the processing of Personal and Health Information we perform is necessary for the purposes of our legitimate interest, for example, for legal compliance purposes, security purposes, or to maintain ongoing confidentiality, integrity, availability, and resilience of Beaming’s systems, Site, and Services.

1. PERSONAL INFORMATION WE MAY COLLECT

The personal information we collect or maintain may include:

• Site Activity Information. We track certain actions you take on the Site such as the content of searches performed on the Site and information that you enter into the Site (e.g. your name and email address when signing up for an email newsletter, requesting more information about us and our Services, etc.).
• Access Device and Browser Information. When you access the Site from a computer or other device, we may collect information from that device, such as your internet protocol address, browser type, connection speed, device model, operating system version, and access times.
• Cookies. We may use both session cookies (which expire once you close your web browser) and persistent cookies to make the Site and Services easier to use, to make our advertising better, and to protect both you and Beaming.
• Analytics Tools. We use tools such as Google Analytics and Amplitude to help analyze how individuals use the Site. Such third parties may use Cookies, APIs, and SDKs in our services to enable them to collect and analyze user and device related data and information on our behalf. Google Analytics and Amplitude use Cookies to collect information such as how often users visit the Site, what pages they visit, and what other sites they used prior to coming to the Site. We use the information we get to improve our Site and Services. Although Google Analytics plants a persistent Cookie on your web browser to identify you as a unique user the next time you visit the Site, the Cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/. Amplitude’s ability to use and share information it collects about your visits to the Site is restricted by the Amplitude Terms of Use located at https://amplitude.com/terms and the Amplitude Privacy Policy located at https://amplitude.com/privacy.
• Certain features of the Site use GPS technology to collect real-time information about the location of your device so that the Site can connect you to a Provider who is licensed or authorized to provide Services in the state where you are located.
• Strictly necessary and functionality cookies are used on our Site to support Site functionality and security. These cookies collect crash analytics and Site activity data, as well as provide security measures.
• We may collect information from your mobile device or computer including the type of device used to access the Site, operating system version, and mobile device carrier. This information is used to identify and fix bugs and otherwise improve the performance of the Site. In many circumstances, the information listed above is non-personal information. For example, the information collected through cookies may not contain any identifiable personal information. We will still treat that information as personal information under this Privacy Policy if (a) an applicable local law considers it to be personal information or (b) we combine it with personal information.

De-identified information. We may use de-identified information created by us without restriction. When we use the term “de-identified information,” we mean information that is neither used nor intended to be used to personally identify an individual.

1. HOW WE USE AND DISCLOSE PERSONAL INFORMATION

We disclose personal information that we collect or you provide:

• To provide you with the Site and Services.
• To notify you when Site and Services updates are available.
• To market and promote the Site and the Services to you.
• To create de-identified information such as aggregate statistics relating to the use of the Site and Services.
• To fulfill any other purpose for which you provide us personal information.
• To our subsidiaries, affiliates, and associated organizations.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential.
• As required by law, which can include providing information as required by a court order.
• When we believe in good faith that disclosure is necessary to protect your safety or the safety of others, to protect our rights, to investigate fraud, or to respond to a government request.
• 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 Beaming’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information maintained by the Site is among the assets transferred.
• For any other purpose disclosed by us when you provide the information. Disclosure to third parties. At times we may provide third parties with certain personal information to provide or improve our products and services, including to help us market to consumers. When we do, we require those third parties to handle it in accordance with applicable laws. We do not sell personal information, and personal information will not be shared with third parties for their marketing purposes. This Privacy Policy applies only to information we collect through the Site. This Privacy Policy DOES NOT apply to information collected by any third party. When you click on links on the Site you may leave our Site. We are not responsible for the privacy practices of other sites, and we encourage you to read their privacy statements.

1. BEAMING DOES NOT SELL OR SHARE PERSONAL INFORMATION AS DEFINED UNDER THE CCPA.

Policy: We will not sell or share your Personal Information to any third party for their use without your explicit consent.

Behavioral-Based Advertising: We do not participate in behavioral-based advertising also known as Cross-context behavioral advertising.

Aggregate and Anonymized Information: We may aggregate and/or anonymize the information you and others make available in connection with the Site. Examples of the type of information we may aggregate include information about product usage, industry insights, hiring trends, etc. Beaming may use, sell, license, and share this aggregated information with third parties for research, business, or other purposes such as improving our Site.

1. MODIFICATIONS OR DELETION OF PERSONAL INFORMATION

Users will be able to update some of their information through the Site. Requests to modify any information may also be submitted to support@beaminghealth.com.

Limitations on deletion of information. You may request deletion of your personal information by us; however, we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete personal information, it will be deleted from the active database, but may remain in our archives (subject to applicable law) and we may also retain aggregated and anonymized information about your use of our services.

1. THE HEALTH INFORMATION (PHI) WE COLLECT

The PHI that we collect or maintain may include:

• Your name, age, email address, username, password, and other registration information.
• Health 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 records, and other health related information.
• Health information about you prepared or obtained by the Providers and support staff who provide Services through Beaming such as medical and records, treatment and examination notes, remote monitoring data, and other health-related information.
• Billing information that you provide us, such as credit card information, or that we receive from a health plan or other provider of healthcare benefits on your behalf.

1. HOW WE USE AND DISCLOSE HEALTH INFORMATION (PHI)

The following categories describe different ways that we use and disclose health information. For each category of use or disclosure we will explain what we mean and try to give some examples. Not every use or disclosure in a category will be listed. However, all of the ways we are permitted to use and disclose information will fall within one of the categories.

• For Treatment, Payment, or Health Care Operations: We can use or disclose your health information without your written authorization, to carry out your treatment, payment or health care operations. We can also disclose your health information for the treatment activities of any health care provider without your written authorization. For example, if a health care provider were to consult with us about your condition, we would be permitted to use and disclose your health information, which is otherwise confidential, in order to assist the health care provider in diagnosis and treatment of your condition.
• Disclosures for treatment purposes are not limited to the minimum necessary standard because other health care providers need access to the full record and/or full and complete information in order to provide quality care. The word “treatment” includes, among other things, the coordination and management of health care providers with a third party, consultations between health care providers and referrals of a patient for health care from one health care provider to another.
• Lawsuits and Disputes: If you are involved in a lawsuit, we may disclose health information in response to a court or administrative order. We may also disclose health information about your child in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if efforts have been made to tell you about the request or to obtain an order protecting the information requested.

1. CERTAIN USES AND DISCLOSURES DO NOT REQUIRE YOUR AUTHORIZATION

Disclosure of your PHI requires your authorization unless the use or disclosure is:

• For our use in treating you.
• For our use in training or supervising associates to help them improve their clinical skills.
• For our use in defending ourselves in legal proceedings instituted by you.
• For use by the Secretary of Health and Human Services to investigate our compliance with HIPAA.
• Required by law and the use or disclosure is limited to the requirements of such law.
• Required by law for certain health oversight activities pertaining to the originator of the session notes.
• Required by a coroner who is performing duties authorized by law.
• Required to help avert a serious threat to the health and safety of others.
• Required by state or federal law, and the use or disclosure complies with and is limited to the relevant requirements of such law.
• For public health activities, including reporting suspected child, elder, or dependent adult abuse, or preventing or reducing a serious threat to anyone’s health or safety.
• For health oversight activities, including audits and investigations.
• For judicial and administrative proceedings, including responding to a court or administrative order, although our preference is to obtain an Authorization from you before doing so.
• For law enforcement purposes, including reporting crimes occurring on our premises.
• To coroners or medical examiners, when such individuals are performing duties authorized by law.
• For research purposes, including studying and comparing the patients who received one form of care versus those who received another form of care for the same condition.
• For specialized government functions, including, ensuring the proper execution of military missions; protecting the President of the United States; conducting intelligence or counterintelligence operations; or, helping to ensure the safety of those working within or housed in correctional institutions.
• For workers’ compensation purposes. Although our preference is to obtain an Authorization from you, we may provide your PHI in order to comply with workers’ compensation laws.
• For appointment reminders and health related benefits or services. We may use and disclose your PHI to contact you to remind you that you have an appointment with me. We may also use and disclose your PHI to tell you about treatment alternatives, or other health care services or benefits that we offer.

We will obtain your authorization before we use or disclose your health information for marketing purposes, and we will never sell/share (as defined under CCPA) your health information. You may revoke your authorization at any time; however, this will not affect prior uses and disclosures. In some cases, state law may require that we apply extra protections to some of your health information.

1. CERTAIN USES AND DISCLOSURES REQUIRE YOU TO HAVE THE OPPORTUNITY TO OBJECT

We may provide your PHI to a family member, friend, or other person that you indicate is involved in your care or the payment for your health care, unless you object in whole or in part. The opportunity to consent may be obtained retroactively in emergency situations.

1. YOU HAVE THE FOLLOWING RIGHTS WITH RESPECT TO YOUR PHI

• The Right to Request Limits on Uses and Disclosures of Your PHI. You have the right to ask us not to use or disclose certain PHI for treatment, payment, or health care operations purposes. We are not required to agree to your request, and we may say “no” if we believe it would affect your health care.
• The Right to Request Restrictions for Out-of-Pocket Expenses Paid for In Full. You have the right to request restrictions on disclosures of your PHI to health plans for payment or health care operations purposes if the PHI pertains solely to a health care item or a health care service that you have paid for out-of-pocket in full.
• The Right to Choose How We Send PHI to You. You have the right to ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address, and we will agree to all reasonable requests.
• The Right to See and Get Copies of Your PHI. You have the right to get an electronic or paper copy of your medical record and other information that we have about you. We will provide you with a copy of your record, or a summary of it, if you agree to receive a summary, within 30 days of receiving your written request, and we may charge a reasonable, cost-based fee for doing so.
• The Right to Get a List of the Disclosures We Have Made. You have the right to request a list of instances in which we have disclosed your PHI for purposes other than treatment, payment, or health care operations, or for which you provided us with an authorization. We will respond to your request for an accounting of disclosures within 60 days of receiving your request. The list we will give you will include disclosures made in the last six years unless you request a shorter time. We will provide the list to you at no charge, but if you make more than one request in the same year, we will charge you a reasonable cost-based fee for each additional request.
• The Right to Correct or Update Your PHI. If you believe that there is a mistake in your PHI, or that a piece of important information is missing from your PHI, you have the right to request that we correct the existing information or add the missing information. We may say “no” to your request, but we will tell you why in writing within 60 days of receiving your request.
• The Right to Get a Paper or Electronic Copy of this Notice. You have the right get a paper copy of this Notice, and you have the right to get a copy of this notice by e-mail. And, even if you have agreed to receive this Notice via e-mail, you also have the right to request a paper copy of it.

1. MINORS AND CHILDREN'S PRIVACY

Our Site is not intended to be used by individuals under the age of 18. If you are a minor (under 18 years of age) using the Site or Service, your Provider is responsible for ensuring a parent or legal guardian has permitted your use of the Site and Service, unless applicable laws allow your Provider to provide their care or services to you without such consent. Your Provider has agreed that any users who are under 13 years old require their parent or legal guardian’s consent to collect their information or for their use of the Site and Services. Please contact your Provider for questions pertaining to consents. We do not knowingly collect Personal or Health Information from children under the age of 18 without parental consent. If we learn that Personal Information or Health Information of persons less than 18 years-of-age has been collected through our Site and Service without parental consent we will take the appropriate steps to delete that information. If you are a parent or guardian and discover that your child or a minor under the age of 18 has posted, submitted, or otherwise communicated Personal or Health Information to our Site or Service without your consent, then you may alert us at support@beaminghealth.com so that we may take appropriate action to remove the minor's PII or PHI from our systems.

1. COMPLAINTS

If you believe that your privacy has been violated, you may file a complaint with us or with the Secretary of Health and Human Services in Washington, D.C. We will not retaliate or penalize you for filing a complaint with us or the Secretary. To file a complaint with us or receive more information contact support@beaminghealth.com. To file a complaint with the Secretary of Health and Human Services write to 200 Independence Ave., S.E., Washington, D.C. 20201, call 1-800-537-7697, or file an online complaint at https://ocrportal.hhs.gov/ocr/smartscreen/main.jsf.

1. CALIFORNIA USERS

In addition to the rights above, the California Consumer Privacy Act provides California consumers with certain rights, such as the right to obtain from us information about the personal information about you that we collect, use, and disclose. You can exercise your rights by sending an email to support@beaminghealth.com. If you choose to exercise your privacy rights, you will not receive discriminatory treatment or a lesser degree of service from us.

1. INTERNATIONAL USERS

If you are located in another jurisdiction, you should be aware that once your Personal Information is submitted through our Site, it will be transferred to our servers in the United States. By using our Site, or providing us with any Personal Information, you consent to the transfer, processing and storage of your Personal Information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside, and that the United States currently does not have uniform data protection laws in place.

1. CHANGES TO THE PRIVACY POLICY

We may change the Privacy Policy from time to time in the future. We will post any revised version of the Privacy Policy on this page. Continued use of our services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. By using the Site or Services, you are agreeing to our collection, use and disposal of personal information and other data as described in this Privacy Policy, both as it exists now and as it is changed from time to time. All capitalized terms in the Beaming Privacy Policy not defined herein shall have the meaning set forth in the Beaming Terms of Use. If you have questions or concerns about our Privacy Practices, or would like to report a violation, please contact us by sending an email to support@beaminghealth.com.

1. CONTACT US

If there are any questions regarding this Privacy Policy or you would like to access, update, or delete your PII or PHI, you may contact us at support@beaminghealth.com.

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