PRIVACY POLICY

Last Modified: March 21, 2018

YOU CONSENT TO THE COLLECTION AND USE OF YOUR PERSONAL AND BUSINESS INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY, WHICH MAY CHANGE FROM TIME TO TIME.

Collection of Personal and Business Information

To establish an account with us, we collect your personal and business information including, but not limited to, your:

- Full name;

- Business name(s);

- Mailing address;

- Email address;

- Phone number;

- Social profiles and social profile user information (including, for example, where you elect to create an account and sign in using LinkedIn, Facebook, Google, Twitter and other accounts or where you elect to display your social media profiles and links);

- Comments, feedback, reviews and other information you upload or provide to the Website or Service;

- IP address and location data, including geo-location data;

- Website statistics and analytics data regarding your use of the Website and Service;

- Other types of raw data relating to how you interact with the Website and Service, for example, your browser information and session duration;

- Profile photos, business logos and trademarks (where you elect to upload them);

- Payment, banking and credit card information; and

- All other information you provide on our Website or Service or otherwise, including as part of the online caregiver booking process.

Please note that third-party service providers may have their own privacy policies on the collection and use of your information which either we or you provide them.

For Caregivers, we or our third-party service providers, may also collect copies of your:

- Resumes;

- Diplomas or certificates;

We use these documents to display your credentials to Customers and confirmation of your user application. We may also disclose these documents to Customers upon their request.

TO THE EXTENT YOU PROVIDE US WITH, OR UPLOAD DATA THAT INCLUDES THE PERSONAL INFORMATION OF ANOTHER PERSON, YOU REPRESENT AND WARRANT THAT YOU HAVE THEIR AUTHORIZATION TO PROVIDE US WITH THAT INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY AND OUR TERMS AND CONDITIONS OF USE.

Use of Location Services

Our Service uses location services made available online and by iOS, Android and other platforms. Location services allows location-based apps and websites like ours to use information from internet service providers, cellular, Wi-Fi, Global Positioning System (GPS) networks, and iBeacons to determine your approximate location.

We use location services to facilitate the ordinary operation of the Service, including tracking the location of users and displaying that information to Customer and other users.

To learn more about the use of Location Services in iOS please click here.

Credit Card and Payment Processing Companies

We may also collect credit card and payment information from you via a third-party payment provider. Their additional terms of service and privacy policies may apply to the collection and use of your personal information. If you have questions regarding our payment processor, please contact us.

The Use of Your Personal Information

The collection of your personal information may also be used to:

- Facilitate the ordinary operation of the Website and Service, including providing your personal, business and geo-location information to other users, third-party service providers and contractors;

- Verify your contact information and information you provide to us, including via third- party background checks;

- Promote our Website and Service offerings to you in various forms of communication;

- Perform credit checks with third-parties;

- Support and improve the Website and Service we offer;

- Provide user support;

- Communicate with you about your account or services we offer;

- Bill and collect money owed to us;

- Pursue available legal remedies to us and to prosecute or defend a court, arbitration or similar proceeding;

- Send or display informational and promotional materials from us, our partners, advertisers or third parties to you;

- To meet legal requirements;

- To provide information to representatives, marketing partners and advisors;

- To enforce compliance with any terms and conditions and applicable law; and

- Enhance our Service offerings to you and offer you related products and services, whether by advertisements or otherwise.

IN ADDITION, WE RESERVE THE RIGHT TO PROVIDE YOUR CONTENT AND INFORMATION (INCLUDING BUT NOT LIMITED TO YOUR PERSONAL AND BUSINESS INFORMATION) UPLOADED OR COLLECTED BY OUR WEBSITE, SERVICE OR OTHERWISE TO THIRD PARTIES IF REQUIRED BY LAW (SUCH AS IN RESPONSE TO A SUBPOENA, COURT ORDER OR OTHER LEGAL PROCESS IN ANY JURISDICTION), AND TO COOPERATE WITH LAW ENFORCEMENT AUTHORITIES IN THE INVESTIGATION OF ANY CRIMINAL OR CIVIL MATTER.

IF WE ARE REQUIRED BY LAW TO MAKE ANY DISCLOSURE OF YOUR CONTENT OR PERSONAL OR BUSINESS INFORMATION, WE MAY (BUT ARE NOT OBLIGATED TO) PROVIDE YOU WITH WRITTEN NOTICE (TO THE EXTENT PERMITTED BY LAW) PRIOR TO SUCH DISCLOSURE SO THAT YOU MAY TAKE APPROPRIATE ACTION.

The Disclosure of Your Personal Information and Access to It

We may share your personal and business information with our suppliers, advertisers, partners and employees to use that information in connection with one or more of the purposes for which that personal information was collected.

We also operate the Websites and Service in conjunction with our independent contractors. Our independent contractors may have access to your personal information in providing services to us, or providing you with access to the Website and Service. We may use a variety of service providers, servers, advertisers or employees in locations both inside and outside of the United States, which may make your personal information the subject of foreign laws and foreign legal proceedings.

We may also disclose your personal information to our successors (if our business or the Service is acquired by another legal entity) or any assignee of our assets relating to the Website and Service.

WHILE WE TAKE MEASURES TO PROTECT PERSONAL INFORMATION, YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, FOR THE LOSS OR THEFT OF YOUR PERSONAL INFORMATION OR ANY DAMAGES CAUSED AS A RESULT THEREOF, SO LONG AS WE WERE NOT GROSSLY NEGLIGENT IN THE PROTECTION OF SAID INFORMATION.

Retention of Your Personal Information

We keep your personal information for as long as it is required for the purpose for which it was collected. There is no single retention period applicable to the various types of personal information collected.

Inquiries

If you believe that we have not adhered to this Privacy Policy or would like to request an amendment to your personal information being held by us, please contact our Privacy Officer by e-mail sent to [email protected] Only amendments which can be verified by us will be accepted.

Use of Cookies

Our Website and Service may place a "cookie" in the browser files of your computer. Disabling cookies on your web browser may interrupt the proper use of the Website and Service.

NOTICE OF PRIVACY PRACTICES 3.B.8.A

As Required by the Privacy Regulation Created as a Result of the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

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.OUR COMMITMENT AND LEGAL DUTY TO YOUR PRIVACY

We are dedicated to maintaining the privacy of your individually identifiable Protected Health Information (PHI). We are required by applicable federal and state law to protect your privacy and to give this Notice about our privacy practices, our legal duties, and your rights concerning your PHI. We must follow the privacy practices that are described in the Notice while it is in effect.

We reserve the right to change our privacy practices and the terms of this Notice at any time, provided such changes are permitted by applicable law. We reserve the right to make the changes in our privacy practices and the new terms of our Notice effective for all PHI that we maintain, including PHI we created or received before we make the changes. Before we make a significant change in our privacy practices, we will change this Notice and make the new Notice available upon written request.

You may request a copy of our Notice at any time. For more information about our privacy practices, or for additional copies of this Notice, please contact us using the information listed at the end of this Notice.

USES AND DISCLOSURES OF YOUR PROTECTED HEALTH INFORMATION (PHI)

The following categories describe the different ways we use and disclose your PHI in connection with our healthcare operations:

Treatment:

We may use or disclose your PHI for treatment purposes, including for the activities of a physician or other healthcare provider providing treatment to you. For example, your PHI may be provided to a physician who is treating you to assist with referral or diagnosis.

Payment:

We may use and disclose your PHI to obtain payment for services we provide to you. For example, obtaining approval for third party payor, Medicare, or passport waivers may require that your PHI be disclosed in order to obtain approval for our services.

Healthcare Operations:

We may use and disclose your PHI in connection with operating our business. These operating activities may include quality assessment and improvement activities, reviewing the competence or qualifications of healthcare professionals, evaluating provider performance, conducting training programs, accreditation, certification or licensing activities. For example, Comfort Keepers may contact you to remind you of your scheduled visit by our Comfort Keepers office. Your PHI will be used and disclosed from Comfort Keepers Franchises to CK Franchising, Inc. as a course of franchising business operations.

Your Authorization:

In addition to our use of your PHI for treatment, payment or healthcare operations, you may give us written authorization to use your PHI or to disclose it to anyone for any purpose. If you give us an authorization, you may revoke it in writing at any time. Your revocation will not affect any use of disclosure permitted by our authorization while it was in effect. Unless you give us a written authorization, we cannot use or disclose your PHI for any reason except those described in this Notice. Release of psychotherapy notes will always require your prior authorization.

To Your Family and Friends:

We must disclose your PHI to you, as described in the Patient Rights section of this Notice. We may disclose your PHI to a family member, friend or other person that is involved in your care, who assists in taking care of you assists with payment for your healthcare, but only if you agree that we may do so.

Persons Involved In Care:

We may use or disclose PHI, including identifying or locating, to notify, or assist in the notification of a family member, your personal representative or another person responsible for your care, of your location, your general condition, or death. If you are present, then prior to use or disclosure of your PHI, we will provide you with an opportunity to object to such use or disclosures. In the event of your incapacity or emergency circumstances we will disclose PHI based on a determination using our professional and reasonable judgment and only disclosing PHI that is directly relevant to the person’s involvement in your healthcare. We will also use our professional judgment and our experience with common practice to make reasonable inferences of your best interest in allowing a person to pick up filled prescriptions, medical supplies and other similar forms of PHI.

Abuse or Neglect:

We may disclose your PHI to appropriate authorities if we reasonably believe that you are a possible victim of abuse, neglect, or domestic violence or the possible victim of other crimes. This information may be disclosed to the extent necessary to avert a serious threat to the health or safety of you or others.

Appointment Reminders:

We may use and disclose your PHI to contact you and remind you of an appointment via phone or voicemail messages.

Public Health Risks:

We may use and disclose your PHI to public health authorities or other authorized persons to carry out certain activities related to public health.

Marketing Health Related Services:

We will not sell or use your PHI for marketing communication without your written authorization.

Fundraising:

We may send fundraising information to our clients. If you wish to opt out of receiving fundraising information, you may do so by contacting the Comfort Keepers Privacy Officer listed at the bottom of this notice.

Required by Law, Lawsuits and Legal Proceedings:

We may use or disclose your PHI when we are required to do so by law, required by a court, in response to subpoenas, discovery requests, or other legal process.

Military and National Security:

We may use or disclose your PHI if you are or have been a member of U.S. or foreign military forces and if required by the appropriate authorities. We may also disclose this information to federal officials for intelligence and national security activities authorized by law, as well as, to correctional institution officials in the event of an inmate or an individual taken into custody.

Coroners, Medical Examiners, Funeral Directors:

We may use or disclose your PHI to a coroner or medical examiner to identify a deceased person and determine the cause of death, as well as, to funeral directors, as authorized by law, so that they may carry out their jobs.

Organ Donation:

We may disclose PHI to organizations involved in organ and tissue donation and transplant.

Research:

We may disclose your PHI to researchers when an institutional review board that has reviewed the research proposal and established protocols to insure the privacy of your PHI has approved their research.

Worker’s Compensation:

Your protected health information may be disclosed as authorized to comply with Worker’s Compensation laws and other similar legally established programs.

PATIENT RIGHTSAccess:

You have the right to look at or obtain electronic copies of your PHI, with limited exceptions. You must make a request in writing to obtain access to your PHI. You may request access by sending us a letter, using the contact information listed at the end of this Notice. We will charge you a reasonable cost-based fee for expenses such as copies and staff time.

Accounting of Disclosures:

You have the right to receive a list of instances in which we or our business associates disclosed your PHI for purposes, other than treatment, payment, healthcare operations and certain other activities.

Breach Notification:

You have the right to receive notification of breaches of your unsecured PHI.

Restriction:

You may request that we note use or disclose your PHI for a particular reason related to treatment, payment, general health care operations, and/or to a particular family member, other relative or close personal friend. Although we will consider your request, please be aware that we are under no obligation to accept it or abide by it, unless it is a request to prohibit disclosures to your health care plan relating to a service for which you have already paid in full out of pocket. If we do agree to a restriction, we will abide by our agreement, except in the event of an emergency. If you fail to pay for services, we have the right to bill your insurance carrier and disclosure your protected health insurance in the course of the claim.

Amendment:

You have the right to request, in writing, that we amend your PHI. It must explain why the information should be amended. We may deny your request under certain circumstances.

Right to a Paper Copy of This Notice:

You are entitled to receive a paper copy of our Notice of Privacy Practices. You may ask us to give you a copy of this Notice at any time.

Right to File a Complaint:

If you believe your privacy rights have been violated, you may file a complaint with our Comfort Keepers Privacy Officer.

QUESTIONS AND COMPLAINTS

If you want more information about our privacy practices or have question or concerns, please contact us. If you are concerned that we may have violated your privacy rights, or you disagree with a decision we made about access to your PHI or in response to a request you made to amend or restrict the use or disclosure of your PHI, you may discuss it with us using the contact information listed at the end of this Notice. You also may submit a written complaint to the U.S. Department of Health and Human Services. We will provide you with the address to file your complaint upon your request. We support your right to the privacy of your PHI. We will not retaliate in any way if you choose to fi le a complaint with us or with the U.S. Department of Health and Human Services.