Privacy Policy

THIS NOTICE DESCRIBES HOW YOUR PERSONAL INFORMATION MAY BE COLLECTED, USED, AND DISCLOSED. PLEASE REVIEW IT CAREFULLY.

1. Introduction

Proactively Inc. (“Proactively,” “Company,” “we,” “us,” or “our”) respects your privacy and is committed to protecting it through our compliance with this policy. Proactively operates the Proactively Platform located at proactively.com (the “Platform”), the Proactively mobile application named Proactively (the “APP”), and the websites located at proactively.com (the “Website”), and other websites, products, services, that link to this Privacy Policy (collectively, the “Services”). Users of the Services are referred to below as “Users,” “you,” or “your.”

This privacy policy (“Privacy Policy”) explains how we collect, use, and share Personal Information and Protected Health Information from or about Users who use our Services. This Privacy Policy also tells you about your rights and choices with respect to Personal Information, and how you can contact us if you have any questions or concerns. By using our Services, you agree to the collection, use, disclosure, and procedures this Privacy Policy describes. In addition to this Privacy Policy, your use of our Services is also subject to our Terms of Use, which is incorporated herein.

For the purpose of this Privacy Policy, “Personal Information” means any information that, by itself or in combination with other information, identifies or can reasonably be used to identify an individual, such as their name, email address, telephone number, address, date of birth, or healthcare information. Personal Information does not include information that is anonymized. The Personal Information includes Protected Health Information we receive or obtain through your use of the Services may also be subject to different state and federal privacy laws, including the Health Insurance Portability and Accountability Act of 1996.

“Protected Health Information” (“PHI”) has the meaning defined in the Health Insurance Portability and Accountability Act (“HIPAA”), and is subject to our HIPAA Notice of Privacy Practices (the “Notice of Privacy Practices”), which is incorporated herein, and includes any information that identifies you, whether in electronic, oral, or written form, and includes information such as your name, contact information, demographics such as your age, gender, and ethnicity, your medical history, conditions, treatments, and medications, healthcare insurance information, or other information defined to be protected health information under the law. WHERE Proactively COLLECTS, CREATES, MAINTAINS, USES AND DISCLOSES PHI THAT IS PROTECTED BY HIPAA, IT WILL ALSO BE IN ACCORDANCE WITH THE NOTICE OF PRIVACY PRACTICES.

Please read this Privacy Policy and the Notice of Privacy Practices carefully before using the Services. By visiting or using any of the Services, you are accepting the privacy practices described herein. If you do not agree with our policies and practices, your choice is to not use our Services. By accessing or using the Services, you agree to this Privacy Policy and Notice of Privacy Practices, which may be updated or changed from time to time.

2. Changes to This Privacy Policy

It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our Users’ Personal Information or PHI, we will notify you. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting this Privacy Policy to check for any changes.

3. Information We Collect

We collect several types of information from and about users of our Services, including the information described below, which includes information as you navigate through and interact with our Services, as follows:

Registration and Profile Information.

We collect the information you provide when you create a Proactively account, including your name, phone number, email address, username, password, date of birth, and gender. We may ask you to confirm the information that you or an authorized Healthcare Provider has provided to us prior to your registration, if any. We may collect your information if you contact us through the Services or we obtain your contact information from a Healthcare Provider with which we partner.

Information You Provide to Us.

We collect all Personal Information and PHI that you supply directly to the Service. For example, records and copies of your correspondence, including your name, email address, phone number, and the contents of your communications and any other information that you choose to provide. You also can provide additional information to us, such as PHI or other health information to enhance your use of the Service.

Protected Health Information / Authorized Healthcare Providers or Third Parties.

We may collect PHI from your doctor, hospital, clinic, healthcare practice, office, or facility, or other healthcare providers (“Healthcare Provider”) that you expressly authorize with respect to you and your PHI on or through the Services, to communicate with you via the Services, to provide information to your personal health record on or through the Services. We may also collect information from other third-parties that you expressly authorize to send information to the Services.

Location Services.

When you use our Services, including our mobile application, if you allow us, we may receive your precise location information to provide certain location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.

Device Information.

We may request information about the device, software, and internet connection to access our Services, including your IP address, device and application identification numbers, web browser type, operating system version, phone carrier and manufacturer, device identifiers, and push notification token.

Usage Information.

When you use our Services, we automatically receive information about your interactions with our Services that are recorded in log files, such as the pages or other content you view, any content you post, and the dates and times of your visits, and other communication data and the resources that you access and use on the Services.

Access to Services on Mobile Device.

We may request access or permission to certain features from your mobile device, including the camera, reminders and other features on your device. If you wish to change our access or permissions, you may do so in your device’s settings.

Push Notifications.

We may request to send you push notifications regarding your account or certain features of the Services. If you wish to opt out from receiving these types of communications, you may turn them off in your device’s settings.

4. How We Use Your Information

We use Personal Information that we collect about you or that you provide to us for various reasons, including:

• To operate, provide, maintain, improve and enhance our Services.
• To personalize your experience on our Services.
• To develop new services, features, and functionality.
• To connect you with your authorized Healthcare Providers and facilitate the exchange of information and communication between you and your Healthcare Provider.
• For business purposes to facilitate account authentication and management, quality assurance purposes, to prevent fraud, to conduct billing-related activities as requested by you, including sharing your PHI with third-parties for billing purposes.
• For advertising, marketing, and/or promotional efforts.
• To communicate with you about changes or updates to our Services, changes to terms, conditions, or policies, and otherwise provide customer support.
• To enable communications with other users or participate in interactive features on our Services, if available.
• For compliance purposes to carry out our legal obligations and enforce our rights.
• To aggregate or otherwise de-identify information collected through the Services.
• To fulfill any other purpose with your consent.

5. How We Disclose and Share the Information We Collect

We may disclose de-identified and aggregated information about our Users that does not identify any individual, without restriction.

We may disclosure and share the Personal Information and PHI that we collect or you provide as follows:

• To Healthcare Providers, business associates, or other third parties participating in the Service that are expressly authorized by you in order to facilitate your healthcare.
• To service providers and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential, including technical support, billing services, or other services.
• To aggregate and de-identify your Personal Information and PHI.
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• 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 connection with a corporate transaction, including a merger, sale, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Proactively’s assets, which remain subject to the provisions of the Terms of Use, Privacy Policy, and Notice of Privacy Practices.
• For marketing and advertising purposes, including sending you customized marketing and advertising communications. We do not sell any information about you to our third-party partners without your consent.
• To fulfill any other purpose disclosed by us when you provide the information.

6. Accessing and Correcting Your Information

We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:

Account Information.

Certain Personal Information is required for account functionality and can be edited but not deleted; whereas you can add, edit, or delete optional Personal Information appearing in your account.

Protected Health Information.

You can amend and add certain health information stored in your account.

Marketing Communications.

You can unsubscribe from our marketing communications, such as announcements of new features or special offers, via the link provided in the emails, replying “STOP” or “UNSUBSCRIBE” to the SMS messages that we send, or by contacting us using the details provided below.

Notifications.

Proactively will ask you if you want to receive notifications when you open an account. If you agree, we may send you email, text messages, or mobile push notifications. You may opt out at any time by adjusting your notification settings in your account.

Do Not Track.

We do not currently respond to Do Not Track browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

Deactivating Your Account.

Upon your request to deactivate or terminate your account, including if this option is available in the mobile application or platform, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements. If you have questions or comments about your privacy rights, you may contact us using the details provided below.

Revocation of Authorized Access.

You may revoke any authorized Healthcare Providers’, third-party’s, or authorized individual or representative’s access to your account, to communicate with you through the Services, or request information from you through the Services.

Data Rights:

You can request a copy of the personal data we store by submitting a formal request via email. To do so, You can directly email to our DPO sourabh@proactively.com.

7. De-Identified Information

Proactively may use “de-identified information” created by us without restriction, which means any information that is neither used nor intended to be used to personally identify you.

8. Retention of Information

We take measures to retain your Personal Information for a period that is no longer than necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). When determining the retention period, we consider various criteria, such as the type of Services provided to you, the nature and length of our relationship with you, the impact on the Services we provide to you if we delete some Personal Information from or about you, and mandatory retention periods provided by law and the relevant statute of limitations.

9. Children

Our Services are not intended to be used by persons under 18 years of age. Proactively does not knowingly collect or maintain personally identifiable information from persons under 18 years old.IF YOU ARE UNDER 18, DO NOT ACCESS OR USE THE SERVICES AT ANY TIME OR IN ANY MANNER, EXCEPT AS ALLOWED IN ACCORDANCE WITH OUR TERMS OF USE.

Where permitted, any Personal Information relating to those children will be PHI governed by the HIPAA Notice of Privacy Practices. If we learn we have collected or received Personal Information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us as indicated below.

10. Data Security

We have implemented commercially reasonable measures designed to secure and protect your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. We also use certain administrative, physical, and technical safeguards designed to comply with HIPAA security standards for interactions subject to HIPAA security regulations.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted on or through our Services. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.

11. Contact us

To ask questions about this Notice and our privacy practices, please contact us as follows:

Email – sourabh@proactively.com

Phone – +1 (321-391-1831)