Beebe Medical Group

Please note: The below Terms of Use apply to your use of athenahealth's Services in your capacity as a patient. athenahealth offers such Services on behalf of our HIPAA regulated clients (i.e. your healthcare provider). For the Terms of use and Privacy Policy that apply to your use of our website, athenahealth.com, please visit athenahealth.com.

1. WHO WE ARE

We, athenahealth, Inc. and our subsidiaries and affiliates (collectively "athenahealth", "we", "us") power health care solutions on behalf of your healthcare provider (our "Services"). These Services which include applications, websites and mobile devices, may allow you to communicate, coordinate and manage your medical care with your healthcare provider and may include the create of accounts in connection with such use. When you use the Services, our collection and handling of your information is regulated by Health Insurance Portability and Accountability Act ("HIPAA") and our agreements with your healthcare provider.

THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH MEDIATION AND WITHOUT A JURY TRIAL, ON AN INDIVIDUAL BASIS, AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION.

2. SCOPE AND PURPOSE

These Terms of Use relate to your use of the Services. Additional specific privacy policies, terms and agreements may also apply to any particular Services you use. If you use our Services to access or share data with any websites, applications, platforms, services, solutions or portals of any third parties (including any patient portals offered by any healthcare provider(s)) (each, a "Third Party Platform"), the privacy policies, terms and agreements of such Third Party Platforms will apply to your use of such Third Party Platform. We do not control and are not responsible for Third Party Platforms, whether you access such platforms using our Services or otherwise.

Our Services are not intended for use by anyone outside of the United States.

Any unauthorized registration for, access or use our Services or Third Party Platforms is strictly prohibited.

3. CONFIRMATION OF AGREEMENT

You agree that when you use our Services that display or link to these Terms of Use, you are agreeing:

• to enter into a legally binding contract with athenahealth;
• to be bound by and fully comply with these Terms of Use (the "Agreement"); and
• you are at least the age of legal majority in your place of residence and otherwise legally competent to enter into contracts. Alternatively, if you are under the legal age of majority in your jurisdiction or otherwise not legally competent to enter into contracts, your parent or guardian must agree to these terms on your behalf prior to your use of the Services.

These Terms of Use may change from time to time. Your use of the Services after we make changes is deemed to be acceptance of those changes. Please check periodically for updates.

4. YOUR OBLIGATIONS

You agree that:

• You will fully comply with the Agreement.
• You will not register for or maintain any user profile created in connection with your use of the Services in any manner that would violate any applicable laws or regulations or any applicable policies, terms and agreements with athenahealth, our clients or any Third Party Platforms.
• You will not provide any false information to athenahealth when you use our Services.
• You will not create an account in connection with the Services for anyone other than yourself without appropriate legal authority and permissions.
• You will not use or attempt to use another person's or organization's account in connection with the Services without appropriate authority and permissions.
• You will not disclose information that you do not have the consent and legal right to disclose (such as confidential information of others (including your employer or of patients)).
• If we disable your account in connection with the Service, you will not create another one without our permission.
• You will not transfer any account in connection with the Services to anyone else.
• We can remove or reclaim any username or other credential identifier associated with your account if we believe the identifier is not appropriate, in our sole discretion.
• You will maintain and properly update your account information so that it remains current, complete and accurate at all times.
• We may rely on any password or other credentials you select for your account to identify you.
• You will notify athenahealth immediately if you suspect that the security or secrecy of your account login information may have been compromised.
• You will not override any security feature or bypass or circumvent any access controls or use limits of our Services.
• You will not use bots or other automated methods to access our Services without our consent.
• You will not monitor the availability, performance or functionality of our Services for any competitive purpose.
• You will not engage in "framing," "mirroring," or otherwise simulating the appearance or function of our Services without our consent.
• You will not interfere with the operation of, or place an unreasonable load on, our Services (for example, spam, denial of service attack, viruses, or cryptojacking).

In addition:

You acknowledge and agree that our Services are not intended for users under the age of thirteen (13) years old.

You acknowledge and agree that you will be held responsible for any losses incurred by athenahealth, our clients, any other user of our Services and any Third Party Platforms that are in any way related to your failure to maintain the security of your applicable account credentials.

You represent and warrant that all information you provide in the Services is current, complete and accurate to the best of your knowledge. If you change or deactivate any of your mailing addresses, email accounts, or telephone numbers connected to your account, you agree to update your account immediately to ensure that any communications or other information are not sent to an incorrect address or phone number.

You provide express consent and all rights necessary for us to use your addresses and phone numbers for verification purposes.

You acknowledge and agree that, when using our Services, information will be transmitted over a medium that may be beyond the control of athenahealth, our clients, or our or their licensors or suppliers. Accordingly, neither athenahealth, our clients, nor our or their licensors nor suppliers assume liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with your use of the Services.

5. OUR RESERVATION OF RIGHTS

You do not acquire any ownership interest in our Services. We reserve and shall retain the entire right, title, and interest in and to our Services, including all copyrights, trademarks, and other intellectual property rights. We reserve all rights not expressly granted herein. There are no implied rights or licenses granted to you under the Agreement.

We own all rights to our logos and trademarks used in connection with our Services. All other logos and trademarks used in connection with our Services, any client accounts or any Third Party Platforms are the property of their respective owners.

6. LICENSING

You acknowledge and agree that our Services contain proprietary and confidential information and content that is protected under U.S. and international intellectual property laws and regulations, including trade secret, copyright, trademark, service mark, patent or other proprietary rights and laws. Other than a limited license as provided below, you agree not to sell, rewrite, modify, reproduce, distribute, redistribute, create derivative works of (including translating), rent or provide any confidential or proprietary information or content related to your use of our Services, in whole or in part.

Subject to your compliance with the Agreement and all applicable laws and regulations, athenahealth grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited personal license to access the Services for your lawful personal and noncommercial uses.

Subject to the license granted to you by athenahealth as described above, you may retain ownership of communications or other material that you post or transmit through the Services including, to the extent property interests exist, any data, questions, comments, suggestions, or the like ("User Data"). You grant athenahealth a non-exclusive, royalty-free, perpetual, worldwide, irrevocable license to reproduce, transmit, display, disclose, and otherwise use User Data.

7. THIRD PARTY PLATFORMS & SERVICES

If you use our Services to login, access or use any Third Party Platform or any Services, your access to and use of such Third Party Platform or Service will also be governed by the Third Party Platform's or Service's terms of use, privacy policy, and any other agreements or terms, which are solely between you and the Third Party Platform or Service provider. You acknowledge and agree that athenahealth is not responsible for any Third-Party Platforms, including their content, features, functionality, accuracy, completeness, timeliness, validity, legal compliance, performance, security, operations, decency, quality, or any other aspect thereof. athenahealth does not assume and will not have any liability or responsibility to you or any other person or entity related to any Third-Party Platforms. Your access and use of any Third Party Platforms is entirely at your own risk.

8. UPDATES; BUG FIXES

We may, from time to time in our sole discretion, develop and provide updates to our Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify (or delete in their entirety) certain features and functionality of our Services. You agree that athenahealth has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

9. TERM AND TERMINATION

The term of this Agreement commences when you use our Services and will continue in effect until terminated. We may terminate or modify your use of our Services at any time without prior notice in our sole discretion.

Upon termination: (i) all rights granted to you under this Agreement will also terminate; and (ii) you must cease all use of our Services. You agree that neither athenahealth, our clients, nor our licensors shall be liable to you or any third party for any termination or modification of your use of the Services. Termination will not limit any of athenahealth's or our client's rights or remedies at law or in equity. Sections 4 through 8 and 10 through 16 of this Agreement shall also survive termination, as well as any other sections of other portions of this Agreement that by their own terms survive.

10. DISCLAIMER OF WARRANTIES

YOUR USE OF OUR SERVICES IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ATHENAHEALTH, ON OUR OWN BEHALF AND ON BEHALF OF OUR CLIENTS AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO OUR SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND THAT YOUR USE OF OUR SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

11. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ATHENAHEALTH OR OUR CLIENTS, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS OR SERVICE PROVIDERS (COLLECTIVELY, "ATHENAHEALTH AND RELATED PARTIES"), HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE OUR SERVICES FOR: (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; NOR (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY AND DIRECTLY PAID BY YOU PERSONALLY TO ATHENAHEALTH FOR YOUR USE OF AND ACCESS TO THE SERVICES.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE OR ANY OF OUR CLIENTS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ATHENAHEALTH CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION YOU SUBMIT IN CONNECTION WITH YOUR USE OF OUR SERVICES, OR FOR YOUR OR THIRD PARTIES' USE OR MISUSE OF ANY CONTENT, DATA OR OTHER INFORMATION TRANSMITTED OR RECEIVED USING OUR SERVICES. ATHENAHEALTH IS NOT YOUR HEALTHCARE PROVIDER AND DOES NOT PROVIDE HEALTHCARE TREATMENT OR OTHERWISE ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY TREATMENT YOU MAY RECEIVE FROM YOUR HEALTHCARE PROVIDER IN CONNECTION WITH YOUR USE OF THE SERVICES.

STATE LIMITATIONS: SOME U.S. STATES DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN SUCH STATES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IN SUCH STATES, THE LIABILITY OF THE ATHENAHEALTH AND RELATED PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless athenahealth from and against any and all losses, damages, liabilities, arising from third party claims arising from or relating to your improper use of your use of our Services or your breach of this Agreement.

13. MEDIATION

You agree to submit any and all disputes, claims, or controversies arising out of or relating to your use of Services or this Agreement to JAMS, or its successor, for mediation in Boston, Massachusetts. Either party may commence mediation by providing to JAMS and the other party a written request for mediation, which must set forth the subject of the dispute, the relief requested, and the factual and legal bases for such relief. You agree to cooperate with JAMS and with athenahealth in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings. The parties shall participate in the mediation in good faith and equally share the costs of the mediation. If the dispute is not resolved by mediation, the party seeking relief may pursue all remedies available at law, subject to the terms of this Agreement. Notwithstanding this Section 13, we may (i) terminate, modify or freeze your use of Services or this Agreement according to its terms and/or (ii) seek injunctive relief.

14. CHOICE OF LAW; FORUM; SERVICE OF PROCESS

You agree that any dispute arising out of or relating to your use of the Services or this Agreement, including any conduct related to this Agreement following termination hereof (each, a "Dispute") will be governed exclusively by the laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws principles. The Federal District Court for the District of Massachusetts or the business litigation section of the state superior court of Massachusetts will be the exclusive venue for any resolution of any Dispute. You hereby submit to and consent irrevocably to the jurisdiction of such courts for these purposes.

You hereby irrevocably waive any and all right to trial by jury in any legal proceeding arising out of or related to your use of our Services.

You agree not to join or consolidate claims by other users, or to pursue any claim as a representative or class action or in a private attorney general capacity.

No claim against athenahealth, any of our clients, and our and their officers, directors, employees, agents, affiliates, successors, assigns, licensors and service providers, or any Third Party Platform provider for a Third Party Platform related to your use of the Services, of any kind under any circumstances may be asserted or filed more than one year after you know, or in the exercise of reasonable care could know, of any circumstances, whether by act or omission, that may give rise to such claim.

You consent to receive service of process by electronic means or social media to the extent allowed by the applicable federal or state court. (This constitutes express agreement of the parties regarding your consent pursuant to Federal Rule of Civil Procedure 5(b)(2)(E) and any applicable state law equivalent.)

15. MISCELLANEOUS

If we do not act to enforce a breach of this Agreement or any portion thereof, that does not mean that we have waived our right to enforce this Agreement.

You may not assign or transfer accounts created while using our Services or this Agreement to anyone without our consent. However, you agree that we may assign this Agreement to any of our affiliates or subsidiaries, or in connection with any merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, without your consent and without notice.

You and we agree that there are no third-party beneficiaries of this Agreement.

If a court with authority over this Agreement finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving the intent of the Agreement. If the court cannot do that, you and we agree to ask the court to remove the unenforceable part and still enforce the rest of this Agreement.

Residents of New Jersey: if you are from New Jersey, the foregoing sections are intended to be only as broad as is permitted under the laws of the state of New Jersey. If any portion of the Agreement is held to be invalid under the laws of the state of New Jersey, the invalidity of such portion shall not affect the validity of the remaining portions of the applicable sections.

Section titles are for convenience only and will not affect the meaning of this Agreement.

16. NOTICES TO ATHENAHEALTH

You agree to provide any legal notice regarding your use of Services or any alleged breach of this Agreement to:

athenahealth, Inc.
Attn: LEGAL DEPARTMENT
311 Arsenal Street
Watertown, MA 02472

You agree that the only way to provide us legal notice is in writing at the address provided above.

This notice describes how medical information about you may be used and disclosed and how you can get access to this information. Please review it carefully.
 

Your Rights

You have the right to:

• Get a copy of your paper or electronic medical record
• Correct your paper or electronic medical record
• 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

Your Choices

You have some choices in the way that we use and share information as we:

• Tell family and friends about your condition
• Provide disaster relief
• Include you in a hospital directory
• Provide mental health care
• Market our services and sell your information
• Raise funds

Our Uses and Disclosures

We may use and share your information as we:

• Treat you
• Run our organization
• Bill for your services
• Help with public health and safety issues
• Do research
• Comply with the law
• Respond to organ and tissue donation requests
• Work with a medical examiner or funeral director
• Address workers' compensation, law enforcement, and other government requests
• Respond to lawsuits and legal actions

Your Rights

When it comes to your health information, you have certain rights. This section explains your rights and some of our responsibilities to help you.

Get an electronic or paper copy of your medical record

• You can ask to see or get an electronic or paper copy of your medical record and other health information we have about you. Ask us how to do this.
• We will provide a copy or a summary of your health information, usually within 30 days of your request. We may charge a reasonable, cost-based fee.

Ask us to correct your medical record

• You can ask us to correct health information about you that you think is incorrect or incomplete. Ask us how to do this.
• We may say "no" to your request, but we'll tell you why in writing within 60 days.

Request confidential communications

• You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address.
• We will say "yes" to all reasonable requests.

Ask us to limit what we use or share

• You can ask us not to use or share certain health information for treatment, payment, or our operations. We are not required to agree to your request, and we may say "no" if it would affect your care.
• If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer. We will say "yes" unless a law requires us to share that information.

Get a list of those with whom we've shared information

• You can ask for a list (accounting) of the times we've shared your health information for six years prior to the date you ask, who we shared it with, and why.
• We will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We'll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.

Get a copy of this privacy notice
You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.

Choose someone to act for you

• If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.
• We will make sure the person has this authority and can act for you before we take any action.

File a complaint if you feel your rights are violated

• You can complain if you feel we have violated your rights by contacting us using the information on page 1.
• You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/.
• We will not retaliate against you for filing a complaint.

Your Choices

For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, talk to us. Tell us what you want us to do, and we will follow your instructions.
In these cases, you have both the right and choice to tell us to:

• Share information with your family, close friends, or others involved in your care
• Share information in a disaster relief situation
• Include your information in a hospital directory

In these cases we never share your information unless you give us written permission:

• Marketing purposes
• Sale of your information
• Most sharing of psychotherapy notes

In the case of fundraising:

• We may contact you for fundraising efforts, but you can tell us not to contact you again.

Our Uses and Disclosures

How do we typically use or share your health information?

We typically use or share your health information in the following ways.

Treat you

Run our organization

Bill for your services

How else can we use or share your health information?

Help with public health and safety issues

Do research

Comply with the law

Respond to organ and tissue donation requests

Work with a medical examiner or funeral director

Address workers' compensation, law enforcement, and other government requests

Respond to lawsuits and legal actions

Our Responsibilities

• We are required by law to maintain the privacy and security of your protected health information.
• We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.
• We must follow the duties and privacy practices described in this notice and give you a copy of it.
• We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.

For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html.

Changes to the Terms of this Notice
We can change the terms of this notice, and the changes will apply to all information we have about you. The new notice will be available upon request.
 

Patient Portal - Privacy Policy

Table of Contents

1. Scope and purpose of this policy
2. What information do we collect?
3. How do we use your information?
4. Sharing your information
5. California Residents
6. Updates to this privacy policy
7. Our data protection and security policy
8. Our Contact Information

PLEASE NOTE: The terms set forth below apply to your use the Patient Portal (“Portal”) identified in this Privacy Policy. Your use of “Login with athenahealth” is governed by the LOGIN WITH ATHENAHEALTH ACCOUNT TERMS OF USE AND PRIVACY POLICY for “LOGIN WITH ATHENAHEALTH” user accounts available here:https://myidentity.platform.athenahealth.com/static/help/terms.html and https://myidentity.platform.athenahealth.com/static/help/privacy.html

Scope and purpose of this policy

The Patient Portal (the “Portal”) is an Internet service, powered by athenahealth, Inc. (“athenahealth”, “our”,“us”, or “we”), which allows patients and other authorized users to coordinate and manage their medical care with their health care providers. This privacy policy (the “Policy”) describes the practices of the Portal with regard to information about you that we obtain through your use of the Portal. We offer the Portal on behalf of our Covered Entity clients (“Clients”), as a Business Associate under the Health Insurance Portability and Accountability Act (“HIPAA”).

In order to use the Portal, you must have an account with a healthcare provider who uses athenahealth's software (“Services”). Because of this, your use of our Portal is also subject to your healthcare provider's, our Client's, privacy policy. You understand that while connected or attempting to connect to a healthcare institution's system, the healthcare institution may collect, store, process, maintain, upload, sync, transmit, share, disclose, and use certain data and related information, including information or data regarding the characteristics or usage of your device, system and application software, and peripherals as well as your personal information, location data, and other content. For questions on those practices, please consult your healthcare provider/institution.

If you use the Portal to access or share data with websites, applications, platforms, services, solutions or portals of any third parties (including, but not limited to, any other patient portals offered by any healthcare provider(s)) (each, a “Third Party Platform”), the privacy policies and terms of such other Services and Third Party Platforms will apply to your use of such Third Party Platform(s). We do not control and are not responsible for Third Party Platforms or any information you may share with, or access from, any Third Party Platforms, whether using the Portal or otherwise.

The Portal is not intended for use by anyone outside of the United States.

Any unauthorized registration for, access or use of the Portal, our Services, client accounts or Third Party Platforms is strictly prohibited.

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What information do we collect?

• Information you provide us:
  • When you register for the Portal, we may ask you to provide demographic information including, but not limited to, the following:
    • First name, Last name, date of birth, gender, email address, and phone number(s).
    • If you are a caregiver registering for the Portal, we may also ask for your first and last name, identification of the nature of your relationship with the patient and information related to your access to the Portal.
    • Any other information you provide to us while you use the Portal or communicate with us in connection with your use of the Portal.
• Information we automatically collect from your use of the Portal:
  • When you communicate with us or access the Portal and servers through a browser, application, or other client, our servers automatically collect and record information. In most cases, this information is generated by various tracking technologies, such as “cookies,” “flash LSOs,” “web beacons” or “clear GIFs.”
  • We access cookie technologies on your computer to improve Portal users' experience, including but not limited to: storing user session IDs and enabling "remember me" functionalities for simplified log-in procedures on trusted devices as well as language preference details to facilitate viewing of the Portal.
  • We may automatically collect information (and may store it in our server logs) regarding your use of our services and the content you viewed. This information may include: your IP address; device specific information about the device you used to access the Portal; the patterns of searching and browsing that preceded access to the Portal; and the patterns of searching and browsing on the Portal in order to improve our services and for security purposes.
  • The Portal does not respond to web browsers' Do Not Track signals.

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How do we use your information:

• We may use your information for the following purposes on behalf of your health care provider including, but not limited to, those listed below:
  • For purposes of making the Portal available for your use;
  • To allow you and any other users you authorize to coordinate and manage your medical care with your health care providers.
  • To respond to your inquiries and fulfill your requests;
  • To inform you about relevant and important information about the Portal, provide to you communications from your provider(s)/our Clients, updates to terms & conditions, and policies, and other relevant administrative changes and information relating to the Portal;
  • To pull requisite data to adhere to government incentive programs, including but not limited to, your health care provider's achievement of government quality programs through their engagement with the Portal;
  • To provide Services to our Clients.
  • To improve the Portal offering to our Clients. For example, we may use the data collected through your use of the Portal so that athenahealth can: enhance the functionality of the Portal, perform data analysis, conduct and respond to audits, and comply with all laws, regulations, and law enforcement requirements;
  • To conduct internal reporting;
  • To inform you of the opportunity to participate in surveys or provide feedback related to your use of the Portal;
  • To plan and execute security and risk control measures, like fraud and abuse detection and prevention for athenahealth or our Clients;
  • We may de-identify and aggregate your data, for business purposes in accordance with our agreements with our Clients (healthcare providers) and applicable law;
  • We may also use the data collected through your use of the Portal for our own proper management and administration.

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Sharing your information:

• We may share your information with our HIPAA Covered Entity Clients,your healthcare providers. Those Clients include medical groups, practices, hospitals, health systems, and physicians, specialists and staff;
• We may share your information with third parties that you consent to or direct us to send/receive information to/from;
• We may share your information with our third party vendors, consultants, agents, and other service providers with whom we contract as a Business Associates under HIPAA to help us provide or improve the Portal.
• We may also share your information when:
  • You have given us your consent to share or use information about you;
  • We believe that we need to share information about you to provide a service that you have requested from us or from your health care provider/ our Clients;
  • We are complying with laws or responding to lawful requests and legal process or responding in an emergency situation;
  • We believe it is necessary to protect our rights and the security of our Portal, or the rights of our customers or partners, or to avoid liability or violations of the law; or
  • We may also disclose your information in connection with or during negotiation of any merger, financing, acquisition or bankruptcy or any transaction or proceeding involving sale or transfer of all or a portion of our business or assets.

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California Residents

As described above, the information we collect through the Portal is HIPAA protected health information or otherwise covered by the California Confidentiality of Medical Information Act. Therefore, our practices with respect to the Portal are exempt from the California Consumer Privacy Act (the CCPA).

Updates to this privacy policy:

athenahealth reserves the right to make periodic updates and revisions to this Policy. Your use of the Portal after we make changes is deemed to be acceptance of those changes. Please check periodically for updates. To the extent required by applicable law, we will also attempt to notify you by email or other method when we make material changes to this Policy. If you have any specific questions about this policy, please contact us at consumerprivacyrequests@athenahealth.com.

All other Portal support requests (e.g. trouble logging in, password assistance, access to family members information etc.) or general questions about the Portal should be directed to your medical provider or their office staff by signing into the Patient Portal and sending a secure message or calling your medical provider's office. athenahealth is unable to respond to general support inquiries sent to this email address.

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Data protection and security:

• We have implemented technical, administrative, and physical safeguards, which are designed to protect your information from unauthorized use and access.
• You may not assign or transfer your Portal account or share your Portal login, password or any other credentials with any other person without our consent. Please notify us immediately if you believe the security of your Portal account may have been compromised.

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Our contact information:

If you have any questions about this Policy or any other aspects of your privacy with respect to athenahealth (including our processing of your personal information), please contact us at: athenahealth, Inc., Attn: Chief Compliance Officer, 311 Arsenal Street, Watertown, MA 02472.

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