Privacy Policy

Effective Date: March 30, 2016

Tending’s mission is to provider seniors and their caregivers with the tools, resources and health information they need to actively manage their health.
SCOPE OF THIS PRIVACY POLICY
This Privacy Policy applies to all features, contents, applications, information and services offered by Tending, Inc., a Delaware corporation (“Tending,” “we,” or “us”) from time to time, including our provision of an online or digital service to enable patients to manage their own health records and collaborate with their care team (collectively, the “Tending Services”). We may offer the Tending Services either through our website located at www.starttending.com (the “Site”) or through websites, applications or other means through which our software or services may become accessible, including websites, applications and other technologies for delivering software services under our control, whether partial or otherwise (together with the Site, the “Tending Platform”). This Privacy Policy explains Tending’s information practices relating to the Tending Services and the Tending Platform, including:
  1. What information we may collect and how we collect it;
  2. How we use the information we collect;
  3. How we may share the information we collect; and
  4. What choices you have as to how we collect and use this information.

This Privacy Policy is incorporated by reference into Tending’s Terms of Use posted at www.starttending.com/terms (the “Terms”). Any capitalized terms which are used in this Privacy Policy but not defined here (generally with bold and italics) will have the meanings for such terms set forth in the Terms. We encourage you to review both this Privacy Policy and the Terms when accessing the Tending Platform and using the Tending Services. If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
INFORMATION WE COLLECT
In General. Tending’s mission is to help you manage your care and/or the care of your loved one, and we cannot help you do that without collecting certain information, including personal information about you and your loved one. When we say “Personal Information,” we mean information that alone or in combination with other information may be used to readily identify, contact, or locate a specific person, such as: name, address, email address, phone number, medical records or certain other health data, insurance information, and financial information. We do not consider Personal Information to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual.
We collect information when you:
  1. Create a Tending account. In order to use the Tending Services, you must create an account. To create a Tending account, you must provide Personal Information such as name, email address, a password and phone number. This information will help Tending and others that you collaborate with to identify you.
  2. Build your Personal and Health profile. As a Tending member, you can add information to your account. You may choose to provide Personal Information such as address, date of birth, a profile photo, gender, blood type, health conditions, medications, allergies, and body measurements. You may opt to upload important documents to your Health profile, such as medical, lab, insurance, legal, and other documents. You may also choose to include Personal Information about others in your profile by providing us with names and contact information for emergency contacts and health care providers.
  3. Link to Electronic Medical Record Patient Portal. You will have the opportunity to link your Tending profile with your patient portal provided by your healthcare provider. This will facilitate the seamless sharing of information from your healthcare provider. You will be asked to input your patient portal credentials, including username and password, to initiate the transfer of information. By doing this, you will be linking your patient portal to the Tending Services, which means you, and anyone else with whom you have shared Tending account access, will have access to the health and person information available in the patient portal.
  4. Add a Family Member or Caregiver. You can manage your family’s records in the same Tending account. Caregivers, such as family, friends or health advocates, can help you manage your healthcare. When you add a family member, you may choose to provide Personal Information about them as you build their health profile. When you provide Personal Information about other people, you represent that you have the authority to do so. You can also allow this family member to log in to your Tending account using their own email and password. If you allow this family member/caregiver to log in, you will be giving them access to all the Personal Information in your account.
  5. Link your Tending account to Third Party Services or Devices. As we add features to the Tending Services over time, you may have the ability to link your Tending account to certain other services or devices, such as calendars, wearables, scales, fitness trackers, or other health monitoring devices, and we may collect Personal Information related to your use of such services or devices. When these services or devices are administered by a third party, that third party may require access to certain of your Personal Information in order to provide such services. In such event, how that third party treats your Personal Information will be subject to that third party’s privacy and information practices and policies for their services and devices.
  6. Request Health Records. If you choose to request health records, we will ask you to provide Personal Information as needed to complete a request form that complies with the requirements of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Such Personal Information may include a Social Security number.
  7. Seek assistance from Tending. If you contact Tending with questions and requests, we may collect Personal Information from you in order to assist you. You will have access to a Tending Care Concierge who can assist you with medical appointment schedoling and other care coordination tasks, which may require you to provide additional Personal Information.
Use of cookies and other technologies to collect information. We or our third-party service providers use cookies and related tools to provide features and services that enhance your Tending experience. For example, these technologies may allow the Tending Services to recognize your device and log you in automatically, remember your preferences, and analyze how you use the Tending Services so we can improve your experience.
  1. Cookies. A cookie is a small text file that may be stored on the hard drive of a computer or device when you access a website. When you visit our website, we may assign your device one or more cookies to facilitate access to our site and to personalize your online experience. You may refuse the service of cookies to your device or delete any existing cookies by changing your browser preferences. As the means by which you can do this vary from browser to browser, please refer to your browser’s help menu for more information. If you refuse or delete cookies, you may not be able to take advantage of all features and functionality of the Tending Services.
  2. Information collected automatically. We may automatically collect information from your browser or device when you use the Tending Services. This information may include an IP address, device identifier, your browser type, access times, the content of any undeleted cookies your browser received from us, and other non-personally identifiable information that can help us optimize the Tending Services.
HOW WE USE INFORMATION WE COLLECT
We use information, including Personal Information, to deliver and improve the Tending Services.
We may use information, including Personal Information, to:
  1. Communicate with you. We may send email to the email address you provide us to verify your account and for informational and operational purposes, such as account management, customer service, system maintenance, or to provide information we think may be of interest to you. We may also communicate with you through the Tending Services or other means enabled by the Tending Services, such as through text messages, push notifications, or in-app messaging. We will communicate with you to remind you of upcoming events. You may adjust your communications preferences in your Tending account settings at any time or by unsubscribing from our marketing emails using the link provided at the bottom of those emails.
  2. Communicate with others at your request. If you choose to use Tending Services to share information with others, we may require Personal Information such as names, email addresses, fax numbers, or other contact information. We may send notifications via text or other means to caregivers including, for example, to provide an update on care activities for the upcoming day.
  3. Coordination of Third-Party Community Services. You may ask Tending to arrange Third Party Services. We may use pertinent information available in your profile to facilitate the schedoling and enrollment process for Third Party Services.
  4. Customize your Tending experience. We use Personal Information to customize the way features are presented and services are offered through the Tending Services.
  5. Organize and analyze your health information. When you share Personal Information or we receive it from others, our employees and service providers may review that Personal Information to categorize and organize it for you. For example, Tending Care Concierges will use Personal Information to coordinate appointments and perform other requested tasks.
  6. Provide, maintain and improve the Tending Services. We use Personal Information for internal and service-related purposes and may provide it to third parties as necessary to allow us to facilitate or improve the Tending Services, or to repair technical issues regarding the Tending Services.
We may aggregate or de-identify data collected through the Tending Services and use it for any purpose.
HOW WE MAY SHARE INFORMATION
We do not rent, sell or share Personal Information. We do not share your Personal Information with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission. We may share anonymous, aggregate or de-identified data with third parties for any purpose.
We may share information, including Personal Information, as follows:
  1. With your permission. We may share your Personal Information or other information about you with third parties when we have your permission or at your direction, including when you direct us to send information to a healthcare provider.
  2. When you add a family member or Caregiver. We will give access to your Personal Information to family members and other caregivers to whom you grant access to your Tending account. We are not responsible for the privacy policies, practices or actions of any third party with whom you choose to share Personal Information.
  3. With our vendors and service providers. We may share your Personal Information with vendors and service providers retained to help us provide or improve the Tending Services or vendors and service providers offering Third Party Services.
  4. As required by law and similar disclosures. We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena; defend against legal claims; respond to your requests; protect the rights, property, and safety of you, Tending, or others; or as otherwise required by law.
  5. In connection with a merger, sale, or other asset transfer. If we are involved in a merger, acquisition, financing, reorganization, or other substantial corporate transaction, or in the unlikely event of bankruptcy, any information we possess, including Personal Information, may be shared, sold, or transferred as part of such a transaction as permitted by law and/or contract. In such cases, we cannot control how other entities may use or disclose your Personal Information.
YOUR CHOICES
Tending offers you a number of ways to control collection and use of your Personal Information when you access the Tending Platform or use the Tending Services. Your options include:
  1. Modifying your account information. You can review the Personal Information you or others have shared by logging into your Tending account. You can modify or delete any Personal Information that you have provided us at any time. You may also choose to modify and delete Personal Information that others have shared with you.
  2. Closing your account. If you no longer desire to use the Tending Services, you may close your account by sending an email to info@starttending.com. After you close your account, you will not be able to sign in to the Tending Platform or access any of your Personal Information. However, you can open a new account at any time. If you close your Tending account, we have no obligation to retain your Personal Information and may delete any or all of your account information without liability. We also may retain and use your Personal Information as described in “Data Retention” below. Please note: if you have provided or shared information to third parties, retention of that information will be subject to those third parties’ privacy and information practices and policies.
INFORMATION SECURITY
We take steps to ensure that Personal Information is treated securely and in accordance with this Privacy Policy. Unfortunately, neither the Internet nor any form of electronic storage can be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information provided to us, including Personal Information. We do not accept liability for any unintentional disclosure. By using the Tending Services or providing an email address to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Tending Services.
DATA RETENTION
We will retain your Personal Information for as long as your account is active or as needed to provide you with Tending Services. We will retain and use your Personal Information as necessary to comply with our legal obligations, prevent fraud or abuse, resolve disputes, enforce our agreements, or take other actions permitted by law. Anonymous or aggregated information that does not identify you personally may be retained indefinitely.
CHILDREN’S PRIVACY
We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no part of the Tending Services are designed for or directed to children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at info@starttending.com. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such Personal Information and terminate any account created by such children.
INTERNATIONAL USERS
Tending is located in the United States. By choosing to use the Tending Services or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by U.S. laws and the adjudication of any disputes arising in connection with Tending or the Tending Services will be in accordance with our Terms of Use.
If you are visiting or using the Tending Services from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your Personal Information to the United States and to processing that Personal Information globally. By providing your Personal Information, you consent to any transfer and processing in accordance with this Privacy Policy.
CHANGES TO THIS PRIVACY POLICY
We may update this Privacy Policy from time to time to reflect changes to our information practices. If we decide to change this Privacy Policy, we will post the changes on this page so that you are aware of our practices and update the “Last Updated” date above. If we make a material change in how we collect, use, or disclose Personal Information, we will make reasonable efforts to provide notice through the Tending Services and obtain consent to any such uses as may be required by law. We encourage you to periodically review this page for the latest information on our privacy practices.
CONTACT US
If you have questions or comments about this Privacy Policy, please email us at info@starttending.com.