Privacy Policy | Clerk Cloud EHR Software

Clerk (referred to herein as “Clerk”, “we”, “our”, or “us”) values and respects the privacy rights of individuals and recognizes the importance of protecting personal information. This privacy policy (“Privacy Policy”) explains what personal data we collect from individuals and how we use it.

By using or otherwise accessing Clerk’s website (the “Website”) or automated telephone call receptionist service (the “Service”; collectively, the “Services”), you accept and agree to the following privacy policy (the “Privacy Policy”), and you are consenting to our collection, use, disclosure, retention, and protection of personal information as described in this Privacy Policy as it arises from or relates to your access or use of the Services. If you do not agree to the terms of this Privacy Policy, you shall not access or use the Services.

This Privacy Policy is incorporated by reference into the Clerk Terms of Use (TOS) and is subject to the terms therein.

SCOPE.
1. This Privacy Policy applies to the collection, use, and disclosure of personal information by us through the Clerk Website and/or Service. This Privacy Policy does not apply to any information not collected through the Website or Service.
2. "Personal information" is information that can be associated with a specific person and could be used to identify that specific person whether from that data or from that data and other information that Clerk has or is likely to have access to. We do not consider personal information to include information that has been made anonymous or aggregated so that it can no longer be used to identify a specific person, whether in combination with other information or otherwise.
COLLECTION.
1. How We Collect. We collect your personal information when you sign up to receive information via the Website, when you sign up for the Service, and during your use of the Service. Clerk only collects your Personal Information (i) when applicable, with your consent, (ii) in our role as a service provider, (iii) if we have a legitimate interest in doing so, or (iv) as authorized or required by law. The types of Personal Information we collect about you and the manner of collection depends on how you interact with us. We only collect Personal Information as reasonable and necessary.
2. What We Collect. The personal information we collect includes, but is not limited to:
  1. Identifying information such as name, e-mail address, and/or other unique personal identifiers;
  2. Information transmitted to us during your sign up for and use of the Service, including but not limited to your personal health information such as medical records from your past, current, and future healthcare providers. This may include information about your diagnosis, previous treatments, general health, laboratory and pathology test results and reports, social histories, any family history of illness, and records about phone calls and emails related to your illness;
  3. Information you provide when contacting us for help; and
  4. Device IDs, IP Addresses, and/or other unique technical identifiers that are collected automatically.
3. Sources. Sources of Personal Information that we collect may include (but are not limited to) the following. You hereby consent to the collection of this information for use for the purposes stated at the time of collection, to provide you with our Services, and to communicate with you or send you direct marketing communications.
  1. From you, when you communicate with Clerk, such as your identifying and contact information when you request information via the Website, and your payment information when you sign up for Service.
  2. From you, when you use the Service, such as via communications related to your subscription, information related to your account, or data collected from or during your interactions with your healthcare provider via the Service.
  3. From your healthcare providers.. Your healthcare provider may provide us with information about you in connection with your use of the Services.
  4. From automated logging and tracking technologies. This information may be used to pursue legitimate interests, to provide and/or improve the Service.
  5. From other sources. We may also receive information about you from other sources, including through third-party services and organizations. We may combine this information with our first-party data, such as your email address or name, to contact you (e.g. through direct mail).
4. Children. Clerk is aware of the importance of protecting the privacy and safety of children who may use our Services. In that regard, we do not knowingly solicit data from or market to children under the age of 18. In the event a child’s parent and/or legal guardian becomes aware that their child has provided us with information without their consent, please contact us immediately. Once notified, we will delete the information as soon as reasonably possible.
5. Health Information. When Clerk stores, processes, or transmits “individually identifiable health information” (as such term is defined by HIPAA) on behalf of a healthcare provider in connection with the provision of the Services (each a “Provider”), we do so as its “business associate” (as also defined by HIPAA). Clerk shall apply reasonable and appropriate measures to safeguard the confidentiality, integrity, and availability of individually identifiable health information we store and process on behalf of such Providers.
  
  Personally identifiable information that you provide to us for purposes of obtaining medical care from one or more Providers (such information is also referred to as “Protected Health Information” or “PHI”) will also be subject to each Provider’s Health Insurance Portability and Accountability Act (“HIPAA”) Notice of Privacy Practices (the “HIPAA Notice”), which each Provider may make available to you. The HIPAA Notice describes how the Providers can use and share your PHI and also describes your rights with respect to your PHI.
6. Provider Privacy Practices. This Privacy Policy does not reflect the privacy practices of any third-party, including but not limited to any Provider. Clerk is not responsible for the Providers’ privacy policies or practices, and does not review, comment upon, or monitor the Providers’ privacy policies or their compliance with their respective privacy policies.
USE, RETENTION, AND CORRECTIONS.
1. How We Use Personal Information. We will never sell personal information to third-parties for advertising or marketing purposes. Personal information provided and otherwise collected will be used to provide and improve the Services, to personalize the Services for you, and for other legitimate interests. This includes, but is not limited to, making the Services operable, providing customer service, corresponding with you, to protect the integrity and operation of the Services, protecting Personal Information, enforcing this Privacy Policy and the Terms of Use, and if necessary to comply with a law, regulation, or court order. Clerk may also use personal information for other uses such as for validating a user account, fraud prevention, other data safety precautions, for data analysis, auditing, research to improve the Services, and to send you information for related goods and services.
2. Duration of Retention. We will keep personal information as long as there is a reasonable basis to do so, whether to enforce any relevant law, the provisions of any agreement, to resolve any past, current, or future dispute, or any other business, tax, or legal purpose. When we dispose of personal information, we will do so in a secure manner.
3. Corrections. You may request correction of any personal information that is incorrect by contacting us. Such requests regarding such personal information may only be made by the subject thereof. We may require verification of your identity before proceeding with the request.
4. Non-Personal Information. Clerk collects information that in and of itself does not permit direct association with any specific person. In the case of non-personal information Clerk has the right to collect, transfer, use, and disclose this information for any purpose.
YOUR CHOICES.
1. Decline to Provide Information. You may decline to submit personal information, however, doing so may prevent you from using the Service or the Website. You acknowledge and agree that your inability to use the Service or take advantage of any features of the Website to your refusal to submit any required personal information shall not be grounds for any claim of breach, damages, or other liability; nor shall it in any way relieve you of your obligations to Clerk.
STORAGE OF PERSONAL INFORMATION.
1. How Secure It Is. Clerk shall use commercially reasonable measures inline with industry standards to protect personal information, including but not limited to electronic and administrative safeguards designed to help make personal information secure. We will make reasonable attempts to provide you with notice in the event of a security breach.
  
  When you use the Service, all personal information you provide may be provided to the designated recipient (e.g., the healthcare provider). You are responsible for the personal information you choose to share or submit in these instances.
2. Where and How It’s Stored. The information you provide Clerk may be processed in the United States or any other country in which Clerk, its subsidiaries, affiliates, and/or service providers maintain facilities.
  
  As a result, Clerk its subsidiaries, affiliates, and/or service providers may transfer information we collect about you, including personal information, across borders and from your country or jurisdiction to other countries or jurisdictions around the world. For example, you may reside in another country or region with differing data protection and privacy laws than the United States. Consequently, when you register to use the Website you acknowledge and consent to Clerk transmitting your information to the United States or to any country in which Clerk and/or its subsidiaries, affiliates, and/or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.
  
  In turn, Clerk uses commercially reasonable standards, measures and/or protocol to keep the information collected secure. Clerk cannot ensure the security of any information submitted or transmitted by you to Clerk nor can we guarantee that said information may not be disclosed, destroyed, and/or altered.
DISCLOSURE.
1. When Will We Disclose Personal Information. We may share personal information with third-parties when necessary to provide the Services, when we have a good faith belief it is necessary by law or to respond to legal process, to protect the safety and lives of people, to protect the rights or property of Clerk, in response to lawful requests by public authorities, including to meet national security or law enforcement requirements, and with the subject’s consent. We shall not disclose personal information to third-parties for their advertising and marketing purposes.
2. Disclosure to Sub-Contractors and Agents. Clerk may use the services of other companies in order to provide the Services. Such companies shall be given only the personal information needed to perform those services, and we do not authorize them to use or disclose personal information for their own marketing or other purposes. We have contracts in place holding such companies to the same standards of confidentiality by which Clerk is governed. Clerk shall make commercially reasonable efforts to enforce such terms on such companies. However, Clerk shall not be liable to you for such companies’ failure to adhere to such confidentiality terms.
  Such third-party service providers may include, but are not limited to:
  1. Cloud storage providers;
  2. Data analytics providers;
  3. Research partners;
  4. Payment service providers; and
  5. Consultants, accountants, lawyers, and other professional service providers.
3. Healthcare Providers. We may share your information with your healthcare providers, insurance company, and other healthcare related entities for the purposes of providing the Services and to promote and otherwise make you aware of related services.
4. Business Affiliates and Transfers. Clerk may share information from or about you with its subsidiaries, joint ventures, or companies under common control, in which case we will require them to adhere to this Privacy Policy. In the event Clerk is acquired in total or by a substantial amount of its assets, we will make best efforts to ensure that the purchaser will assume the rights and obligations of this Privacy Policy. However, Clerk does not make any guarantees or promises with respect to a purchaser adopting the current rights and obligations of this Privacy Policy.
5. Investigations. Clerk reserves the right to provide and/or disclose necessary information for investigatory matters. Examples include but are not limited to: 1) compliance with law enforcement or the necessary legal process; 2) behavior and/or use violative of the Terms of Service, and 3) instances whereby it is necessary to protect our rights and obligations.
6. Per User Request. Clerk may share your information if requested or consented to by you.
TERMS RELATED TO LOCATION.
1. Additional Rights. Under the California Consumer Privacy Act (“CCPA”), California residents may have certain rights regarding their data, including:
  1. To know the categories of personal information collected and disclosed and the sources from which such information was collected (see Section 2.2);
  2. The know the business purpose for using or sharing personal information (see Section 3.1);
  3. To request corrections of incorrect personal information (see Section 3.3);
  4. The categories of third parties with whom personal information has been and will be disclosed (see Section 6);
  5. The ability to know and delete certain pieces of personal information (see below).
2. Exercise of Rights. California residents may exercise the above rights, subject to Clerk’s receipt of a verifiable consumer privacy request, and subject to any applicable exceptions and limitations.
3. Consumer Privacy Request. You may submit requests to access, edit, delete, or export your personal information via the Service itself. If may also exercise your rights under applicable privacy laws by submitting a request to us. The foregoing means may also be used to revoke consent to use your personal information. All requests are subject to verification.
4. Basis for Processing. Clerk takes reasonable steps to ensure that the personal information we collect is reliable for its intended use, accurate, complete, and up to date. Our legal basis for collecting and using the personal information described in this Privacy Policy will depend on the personal information concerned and the specific context in which we collect it. We collect and use your personal information to pursue our legitimate interests, in order to enter into or perform a contract with you, with your consent, or to comply with our legal obligations. If you wish to learn more about specific legal grounds we rely on to process your personal information for any particular purpose (including any legitimate interests we have to process this information), please contact us as provided herein.
5. U.S. Users Only. The Services are intended to be used only from and within the United States. As such, Clerk makes no representations and warranties that the Services comply with applicable law outside the United States and Clerk shall not be responsible for your use of the Services outside of the United States. Clerk maintains information in the United States and in accordance with the laws of the United States, which may not provide the same level of protection as the laws in your jurisdiction. By using the website and providing us with information, you understand and agree that your information may be transferred to and stored on servers located outside your resident jurisdiction and, to the extent you are a resident of a country other than the United States, that you consent to the transfer of such data to the United States for processing by us in accordance with this Privacy Policy. In the event that you use the Services outside of the United States, you acknowledge and understand that you are solely responsible for any and all legal consequences for violating applicable laws within your jurisdiction and that you shall have no right of recourse against Clerk.
OTHER.
1. Correcting Personal Information. You agree to notify Clerk of personal information that you are aware has errors.
2. Changes. We reserve the right to make changes to this Privacy Policy at any time. Your continued use of our Services will signify your acceptance of any changes to our Privacy Policy.
3. Third-Parties. This Privacy Policy applies to Clerk’s use of personal information but does not apply to the activities of any third-party. If you disclose personal information to others, whether to a healthcare provider or as a result of any purchase transaction, ad-click, or otherwise, such third-party’s privacy policies and practices will apply. Clerk shall not be liable or in any way otherwise responsible for any use of personal information by such third-parties.
4. Contact Us. If you have any questions, concerns, or complaints related to or regarding the above please contact us at Support@GetClerk.com ATTN: Privacy Officer

CLERK PRIVACY POLICY

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