Privacy Policy

1. INTRODUCTION

This Privacy Policy explains how pMDsoft, Inc., (we or pMD) collects, uses, shares, and protects information from your use of our website, www.pmd.com (together with its subdomains, the Site), and any related sites, applications (including the App as defined below), widgets or online services offered by pMD (collectively, the “Services").  

You should read this Privacy Policy together with the terms and conditions associated with use of the Services found at https://www.pmd.com/terms.

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICES.  IF YOU DO NOT ACCEPT THIS PRIVACY POLICY, DO NOT USE THE SERVICES. When you use the Services, you understand that we may collect, use and disclose technical data and related information about you in various ways in accordance with this Privacy Policy.

By accessing or using the Service or the Website, you expressly accept all of the provisions of these Terms of Service and represent to us that you are at least 21 years of age, are not located in the European Union, and are legally competent to enter into and agree to these Terms of Service.

We reserve the right, at our sole discretion, to modify or replace this Privacy Policy at any time in accordance with Section 10 (Changes to Our Privacy Policy).  If you have questions about this Privacy Policy, please contact us at the contact information listed in Section 11 (Contact Information) below.

2. How We Collect Information About You

We may collect certain information when you use the Services, including the following:

A. INFORMATION WE COLLECT DIRECTLY FROM YOU.

  1. The Information: When you register to use the Services, or when you apply for a job at pMD, you may provide us certain personally identifiable information (collectively, “Personal Information"), which may include: name, title, medical specialty, address, email address, telephone number, information about your practice, Tax Identification Number, credit card or other payment information, and/or National Provider Identifier number (if applicable).
  2. Collection: This information is collected through various mechanisms including email, account creation, inquiry forms, the pMD mobile application (the “App"), your phone’s settings, telephone correspondence, and/or via in person communication. From time to time, we may ask you to voluntarily provide other information and you may decide to add information into your pMD profile. This information may be accessible to other pMD users. We may also access and use your contact list or address book information. We will only access and use your contact list or address book information if you give explicit permission, or if you initiate an action from within the Services that accesses your contact list or address book information.
  3. Use: Among other things, we use this information to set up your account on the Services, to complete your account profile, to provide you with the Services, to enable us to assist you with questions you have about the Services, to troubleshoot problems with your account, to connect you to other pMD users, to fulfill any other purpose for which you provide it, to give you notices about your account, to carry out our obligations and enforce our rights arising from any contracts entered into between you and us (including billing and collection), to notify you when updates are available, to notify you about changes to the Services, and to provide you with any other information, products, or services that you request from us, or that you might be interested in.
  4. Your Choices: You may always decide not to provide us with Personal Information; however, certain Personal Information is required by us to provide you the features and functions of the Services. If you opt to not provide this information, we may not be able to provide you the Services, or certain features of the Services. Similarly, you can always change the settings on your phone to block pMD from accessing your contact list or address book information, but we will not be able to provide certain features of the Services if you do so.

B. INFORMATION COLLECTED FROM CONNECTED PARTIES.

  1. The Information: At times, your employer, medical provider, or another third party connected to you (a Connected Party) may provide pMD with Personal Information about you. This may include name, title, medical specialty, address, email address, telephone number, information about your practice, Tax Identification Number, credit card or other payment information, and/or National Provider Identifier number (if applicable).
  1. Collection: The Personal Information provided by a Connected Party is collected through various mechanisms including email, account creation, inquiry forms, the App, the Connected Party’s contacts, and/or via in person communication. This information may be accessible to other pMD users. We do not collect this information without the consent of the Connected Party.  
  2. Use: Among other things, we use this information to set up your account on the Services, to complete your account profile, to offer and then provide you the use of the Services, to enable us to assist you with questions you have about the Services, to troubleshoot problems with your account, to connect you to other pMD users, to fulfill any other purpose for which you provide it, to give you notices about your account, to carry out our obligations and enforce our rights arising from any contracts entered into between you and us (including billing and collection), to notify you when updates are available, to notify you about changes to the Services we provide, and to provide you with any other information, products, or services that you request from us, or that you might be interested in.for any other purpose disclosed by us when you provide the information,
  3. Your Choices: If a Connected Party shares your information with pMD, and you did not want them to do so, you can contact pMD to delete your Personal Information, as outlined in this policy at section 8C (Accessing, Correcting or Deleting Your Personal Information). Certain Personal Information is required by us to provide you the features and functions of the Services. If you opt to delete this information, we may not be able to provide you the Services, or certain features of the Services.

C. INFORMATION COLLECTED THROUGH YOUR USE OF THE SERVICES.

  1. The Information: When you download the App, or use the Services through the App or the Site, we may automatically collect or verify information about you and your device (collectively, Usage Data), including: information on the type and model of the device (phone or computer) you are using to access the Services, the operating system of the device, electronic data concerning operating systems, your IP address, your internet service provider, the pages you view, when and how long you use the site, browsers and computing devices/browser, other unique device and message identifiers (such as push token PIN codes or UDID device identifiers, among others), sender and receiver identifiers, read receipts, message transmittal success, failure information, and log files. Usage Data may also include metadata and other information associated with other files stored on your mobile or computer device. Neither the App nor the Site collects information about the real-time location of your device. Also, when you use the Services to send and receive messages, or otherwise capture and store data, we collect, process, and store the data and the content of any attachments (the Input Data).
  2. Collection: Usage Data is collected in a variety of ways, including via web cookies. A web cookie is a small removable data files that a website sends to your web browser. It is then stored by your web browser to record when you have visited the site or completed other activity (such as logins, page visits, and click-throughs). We may also use web beacons to access our cookies. A web beacon is an electronic file on a Web page that allows us to count users who have visited that page and to recognize users by accessing our cookies. Further, a web beacon can be used in HTML-formatted email to determine responses to our communications and measure their effectiveness. Additionally, Input Data is collected directly from you, based on what information you put into the Services.
  3. Use: Usage Data is used in a variety of ways, including to administer the Services, to troubleshoot user problems, to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, to notify you when updates are available, to enable us to understand errors that users may experience, to associate messages sent by specific users, to route messages transmitted to and from you securely and accurately, to recognize you when you use the Services, to analyze usage, and to optimize and improve the Services. We use cookies to recognize you as being logged in as a registered user of the Service, in addition to the other ways explained in this policy. Input Data is typically used to troubleshoot user problems and to identify opportunities to improve the service for you.
  4. Your Choices: IF YOU DO NOT WANT PMD TO COLLECT AND STORE USAGE DATA OR INPUT DATA, DO NOT DOWNLOAD THE APP OR DELETE IT FROM YOUR DEVICE AND STOP USING THE SERVICES. You can prevent the Site from sending a cookie to your computer or mobile phone by selecting the option in your web browser or privacy preferences to refuse all cookies or to indicate which cookies should be accepted. The cookie used to track visitors is collected by a third party – typically Google - (and subject to that party’s privacy policy) and used to provide us with Site usage statistics. The information included in these cookies is not personally identifiable and it is not shared across websites. The cookie that is used to identify you as a registered user (and not otherwise shared or even collected by us) can be blocked at your option, but if you do so, you use of the Services will be limited. You can avoid web beacons by turning off HTML display and displaying only the text portion of your email. Please note, pMD does not track users across third party websites, and therefore does not use or respond to "Do Not Track" signals in your web browser.  Therefore, if you do not set your privacy preference to block the cookies from our Site, but request that we Do Not Track, the non-personally identifiable information about your use of the Site will be collected and used, and the cookie that identifies you as a registered user will be retained on your mobile phone or computer web browser (although, it is not stored on our servers). Some third party websites do, however, keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, certain website browsers allow you to set the “Do Not Track" signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked.

D. INFORMATION COLLECTED BY A THIRD PARTY SERVICE PROVIDER.

  1. The Information: To assist in providing the Services, we may also use services hosted by third parties (“Third Party Service(s)"), such as Google Analytics™, a web analytics service provided by Google, Inc. (“Google").  These Third Party Services collects information about your use of the website, including your IP address, time of visit, pages visited, time spent on each page of the Site, referring site details, type of web browser, type of operating system, network location, flash version, JavaScript support, screen resolution and screen color processing ability.
  2. Collection: Third Party Services typically collect information using cookies and/or page tags. The information generated is transmitted to these third parties and stored on their servers.
  3. Use: Third party Services use the information gathered to help us analyze how users use the Services, and how potential users use our Site. Among other things, we use this information to give you notices, to administer the Services, to recognize you when you use the Services, to analyze usage, to increase traffic to our Site, to optimize the Services, and to improve the Services. We also use web cookies to track unique visitors and help us understand who visits our Site and which pages they were visiting. Google Analytics, or another Third Party Service, will use this information for the purpose of evaluating your use of the Services, compiling reports on website activity for us, and providing other services relating to website activity and Internet usage.  Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.
  4. Your Choices: Users should be aware that pMD cannot control the use of cookies (or the resulting information) by other parties.  The use of other party cookies is not covered by our Privacy Policy. We do not have access or control over these cookies. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of the Services.  By using this Services, you consent to the processing of data about you by Google, or other third parties, in the manner and for the purposes set out above. If you would like to opt-out from having the behavioral-based advertising companies with whom we have a relationship use your information for advertising purposes you can do so by visiting the Network Advertising Initiative or Digital Advertising Alliance.

3. How We Share And Disclose The Information

A. Aggregated Data.

We may share aggregated data about our users and information that does not identify any individual or device without restriction.

B. Personal Information or Usage Data.

We do not disclose any Personal Information or Usage Data, except:

  1. to contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them,
  1. to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer or some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about users of our Services is among the assets transferred (Business Transfer),
  2. to fulfill the request you made when you provided the information,
  3. for any other purpose disclosed by us when you provide the information,
  4. with your consent,
  5. to cooperate with government and law enforcement officials, agencies and private parties to enforce and comply with the law.  We will disclose any information about you to government or law enforcement officials, agencies or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal processes (including but not limited to subpoenas), to protect the property and rights of pMD or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical or legally actionable activity, or
  6. to enforce our rights arising from any contracts entered into between us, including the App, Site, or any terms of use, and for billing and collection.

C. Input Data. In general, we do not disclose any Input Data to any third party, except

  1. if your use of the Services is paid for by another entity (such as an employer, medical practice, etc.), and that entity requests the Input Data,  
  1. in connection with any Business Transfer, or
  2. when compelled to do so by court order, law, or legal process, and to respond to any government or regulatory request in accordance with applicable laws.

4. Your Choices About How We Use And Disclose Your Information

A. Noting your preferences.  You will always have a choice about the Personal Information you provide to pMD and the other information that we collect from you and from your use of the Services. Please note that if you choose not to share your Personal Information with pMD, we may not be able to provide the Services, or some features of the Services. If you do not want us to contact you to promote our own products or services using the email address and other contact information you provide to us, you can opt out by emailing us at support@pmd.com.

B. Tracking Technologies.  If you do not want to receive cookies in your browser or on your mobile phone, you can set your browser and phone preferences to refuse all or some browser cookies or to advise you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, you will not stay logged in to the Site and will not be able to use the Services reliably.

C. Accessing, Correcting or Deleting Your Personal Information.  You can review and change some of your information by logging into the Services and reviewing your profile. You may also send us an email at support@pmd.com to request information on any Personal Information you have provided us. You may also send us an email at support@pmd.com to correct any Personal Information that you have provided to us. Once we verify your identity, we will honor all requests unless we believe such a change will violate any law or legal requirement or cause the information to be incorrect. You may ask us to delete your Personal Information, but we can only do so by closing your pMD account; we will retain it in our archives but will not access or use your Personal Information except to enforce our rights arising from any contracts entered into between us and for legal compliance purposes. Separate from this, if you would like your email address removed from our email distribution lists, you must respond back to that email requesting for your email to be removed, or use the unsubscribe link provided in the email.

5. California Privacy Rights

A. California residents may request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes or choose to opt-out of such disclosure. If you are a California resident, and you would like to request this information or opt out at any time, please contact us at support@pmd.com.  It is important to note that this opt-out does not prohibit disclosures made for non-marketing purposes.

6. Special Information To Persons Residing Outside The United States

The Services are hosted in the United States and are intended for users in the United States. If you reside outside of the United States, your Personal Information, Usage Data, and Input Data will be transferred to, processed, and stored in the United States. By using the Services, you agree to the collection, use, transfer, and disclosure of your Personal Information and all interactions will be governed by United States laws.

7. Children’s Privacy Protection

The Services are not intended for use by any individual under the age of 21.  Users under 21 are not allowed to register with the Services, or use the Services.

pMD does not knowingly collect or solicit Personal Information from anyone under the age of 13 or knowingly allow such persons to register on the Services.  If we learn that we have collected Personal Information from anyone under the age of 13, we will delete that information.

8. How We Protect Your Information

In order to provide the Services, we have designed and built the App, the Site, the computing infrastructure, and the storage infrastructure to provide a secure environment for the transmission and storage of your Personal Information and to minimize the risk that any such data would be subject to accidental loss or unauthorized access, use, alteration, and disclosure.

The App and Site are both protected by a unique identifier and password authentication protocol. It is up to you to secure access to your account by not sharing or disclosing your authentication information. The safety and security of your information also depends on you.

You understand that the Internet is inherently insecure and therefore the secured nature of the Service cannot be guaranteed. Despite the security mechanisms that we have implemented to protect the Services, it is possible that Input Data, Usage Data, or Personal Information could be intercepted or read without permission by another person. Although we do our best to protect your information, we cannot guarantee the security of your information transmitted through our App. Any transmission of Input Data and any submission of Personal Information is at your own risk.

9. Third Party Links

We may provide links to third party websites, such as credit bureaus, service providers, or merchants. If you follow links to sites not affiliated or controlled by pMD, you should review their privacy and security policies and other terms and conditions. pMD does not guarantee and is not responsible for the privacy or security of these sites, including the accuracy, completeness, or reliability of their information.

10. Changes To Our Privacy Policy

We may update this Privacy Policy from time to time. The date the privacy policy was last revised is identified at the top of the page. When we make updates, we will post the new privacy policy on this page, with a note that the privacy policy has been updated. You are responsible for periodically visiting this privacy policy to check for any changes.

11. Contact Information

If you have questions or comment about this Privacy Policy and our privacy practices, contact us at support@pmd.com.