Effective May 10th, 2023
- PERSONAL INFORMATION WE COLLECT
- HOW WE USE PERSONAL INFORMATION
- HOW WE DISCLOSE PERSONAL INFORMATION
- YOUR PRIVACY CHOICES
- INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION
- RETENTION OF PERSONAL INFORMATION
- SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS
- CHILDREN’S INFORMATION
- OTHER PROVISIONS
- CONTACT US
In connection with the Services, Tono Inc. provides certain technological and other administrative support for our affiliated medical groups, including Tono Medical Services PC, Tono Medical Services PC, and Tono Medical Services PA (“Medical Groups”) that employ or contract with physicians and other healthcare professionals (“Providers”).
2. PERSONAL INFORMATION WE COLLECT
The categories of personal information we collect depend on how you interact with us, our Services, and the requirements of applicable law.
We collect information that you provide to us, information we obtain automatically when you use our Services, and information from other sources such as third-party services and organizations, as described below.
A. Information You Provide to Us Directly
We may collect the following personal information that you provide to us.
Account Information. We may collect personal information in connection with the creation or administration of your account, such as your name, date of birth, email address, state/location, health information and other intake information whether you are a patient or a healthcare provider.
Telehealth Information. If we connect you with a Medical Group or Provider via a Virtual Visit, you will need to provide access to your camera and microphone. We and others with whom you video chat may collect the content and information you make available.
Healthcare Professionals. If you are a healthcare professional, we may collect personal information such as your professional contact information, credential and institutional affiliations information, information about our programs and activities in which you have participated, information about our interactions with you, information about your published papers, your photograph, information about your prescribing of our products and services, and information contained in agreements executed with us.
Purchases. We may collect personal information and details associated with your purchases, including payment information. Any payments made via our Services are processed by third-party payment processors. We do not directly collect or store any payment card information entered through our Services, but we may receive information associated with your payment card information (e.g., your billing details).
Your Communications with Us. We may collect personal information, such as email address, phone number, or mailing address when you request information about our Services, register for our newsletter, request support, or otherwise communicate with us.
Interactive Features. We and others who use our Services may collect personal information that you submit or make available through our interactive features (for example, messaging and chat features, commenting functionalities, forums, blogs, and social media pages). Any information you provide using the public sharing features of the Services will be considered “public,” unless otherwise required by applicable law, and is not subject to the privacy protections referenced herein.
Surveys. We may contact you to participate in surveys, including healthcare surveys that collect validated measurements and symptoms. If you decide to participate, you may be asked to provide certain information which may include personal information.
Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.
Job Applications. We may post job openings and opportunities on our Services. If you respond to one of these postings, we may collect your personal information, such as your application, CV, cover letter, and/or any other information you provide to us.
B. Personal Information Collected Automatically
We may collect personal information automatically when you use our Services:
Automatic Collection of Personal Information Through Our Services. We may collect certain information automatically when you use our Services, such as your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, browser or device information, location information (including approximate location derived from IP address), and Internet service provider. We may also automatically collect information regarding your use of our Services, such as pages that you visit before, during and after using our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Services.
o Cookies. Cookies are small text files placed in device browsers that store preferences and facilitate and enhance your experience.
o Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in our Services that collects information about engagement on our Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.
See “Your Privacy Choices” below to understand your choices regarding these Technologies.
C. Personal Information Collected from Other Sources
We may obtain information about you from other sources, including through third-party services and organizations. For example, we may collect personal information from a patient about another individual if they list that individual as their emergency contact or caregiver.
3. HOW WE USE PERSONAL INFORMATION
We use your personal information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described below.
A. Provide Our Services
We use personal information to fulfil our contract with you and provide you with our Services, such as:
- Managing your information and accounts;
- Providing access to certain areas, functionalities, and features of our Services;
- Answering requests for customer or technical support;
- Communicating with you about your account, activities on our Services, and policy changes;
- Processing your financial information and other payment methods for products or Services purchased; and
- Processing applications if you apply for a job we post on our Services.
B. Administrative Purposes
We use personal information for various administrative purposes, such as:
- The purposes set forth in the authorization you provide to Tono;
- Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;
- Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
- Measuring interest and engagement in our Services;
- Improving, upgrading or enhancing our Services;
- Developing new products and services;
- Ensuring internal quality control and safety;
- Authenticating and verifying individual identities, including requests to exercise your rights under this policy;
- Debugging to identify and repair errors with our Services;
- Auditing relating to interactions, transactions and other compliance activities;
- Enforcing our agreements and policies; and
- Complying with our legal obligations.
We may use personal information to tailor and provide you with marketing. We may provide you with these materials as permitted by applicable law.
If you have any questions about our marketing practices, you may contact us at any time as set forth in “Contact Us” below.
D. Other Purposes
We also use your personal information for other purposes as requested by you or as permitted by applicable law.
- With Your Consent. We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.
- De-identified and Aggregated Information. We may use personal information to create de-identified and/or aggregated information, such as demographic information, information about the device from which you access our Services, or other analyses we create.
4. HOW WE DISCLOSE PERSONAL INFORMATION
We disclose personal information to third parties for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.
A. Disclosures to Provide our Services
The categories of third parties with whom we may share personal information are described below.
Medical Groups and Providers You Share or Interact With. We may share personal information with Medical Groups and Providers that you share or interact with.
Service Providers. We may share personal information with our third-party service providers and vendors.
Some of the service providers we may use include:
Business Partners. We may share personal information with business partners to provide you with a product or service you have requested. We may also share your personal information to business partners with whom we jointly offer products or services.
Affiliates. We may share your personal information with our corporate affiliates.
Third-Party Services. Certain features and functionalities within the Services may allow you to interface or interact with, access, use, and/or disclose personal information to third-party services, products, technology, medical device manufacturers, healthcare providers, and applications (collectively, “Third-Party Services”).
- Advertising Partners. We may share your personal information with third-party advertising partners. These third-party advertising partners may set Technologies and other tracking tools on our Services to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for purposes of delivering personalized advertisements to you when you visit digital properties within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.”
B. Disclosures to Protect Us or Others
We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.
C. Disclosure in the Event of Merger, Sale, or Other Asset Transfers
If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.
5. YOUR PRIVACY CHOICES
The privacy choices you may have about your personal information are determined by applicable law and are described below.
Text Messages. You may opt out of receiving text messages from us by following the instructions in the text message you have received from us or by otherwise contacting us.
"Do Not Track.” Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
Cookies and Personalized Advertising. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Services may not work properly. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android, iOS, and others.
6. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION
All information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live.
8. SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS
We do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth in “Contact Us” below.
9. CHILDREN’S INFORMATION
The Services are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect personal information from children.
If you are a parent or guardian and wish to review information collected from your child, or have that information modified or deleted, you may contact us as described in “Contact Us” below. If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it, and terminate the child’s account, if applicable.
10. OTHER PROVISIONS Third-Party Websites/Applications. The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk.
11. CONTACT US
Tono, Inc. 90 Furman, 801 Brooklyn, NY 11201 Info@Tonohealth.com
|Category of Personal Information Collected by Tono||Category of Third Parties Information is Disclosed to for a Business Purpose|
|Identifiers. A real name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.||Advertising networks, Data analytics providers, Government entities, Service providers, Other Users/Public (name and User Content), Healthcare Providers, Business Partners and Affiliates|
|Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) A name, signature, physical characteristics or description, address, telephone number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.||Government entities, Service providers, Other Users/Public (name and User Content), Healthcare Providers, Business Partners and Affiliates|
|Protected classification characteristics under California or federal law Age (40 years or older), medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), genetic information (including familial genetic information).||Government entities, Service providers, Healthcare Providers, Business Partners and Affiliates|
|Commercial information Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||Service providers, Healthcare Providers, Business Partners and Affiliates|
|Biometric information Physiological, biological, or behavioral, characteristics (including DNA) that can be used to establish individual identity, and rhythms, gait patterns, or rhythms, and sleep, health or exercise data that contain identifying information.||Service providers, Healthcare Providers, Business Partners and Affiliates|
|Internet or other electronic network activity Browsing history, search history, information on a consumer’s interaction with an internet website, application, or advertisement.||Service providers, Business Partners and Affiliates|
|Geolocation data Physical location or movements.||Service providers|
|Sensory data Audio, electronic, visual, thermal, olfactory, or similar information.||Service providers, Healthcare Providers|
|Professional or employment-related information (from Healthcare Providers) Current or past job history.||Service providers, Business Partners and Affiliates|
|Inferences drawn from other personal information to create a profile about a consumer Profile reflecting a consumer’s characteristics, psychological trends, behavior, abilities, and aptitudes.||Service providers, Healthcare Providers, Business Partners and Affiliates|
The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth in “Personal Information We Collect” and “How We Use Your Personal Information” above, respectively.
“Sales” of Personal Information under the CCPA
For purposes of the CCPA, Tono does not “sell” personal information, nor do we have actual knowledge of any “sale” of personal information of minors under 16 years of age.
Tono does not have actual knowledge of any “sale” of personal information of minors under 16 years of age.
Additional Privacy Rights for California Residents
Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA.
Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact us as set forth in “Contact Us” below and provide written authorization signed by you and your designated agent.
Verification. To protect your privacy, we will take the following steps to verify your identity before fulfilling your request. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include asking you to answer questions regarding your account and use of our Services.
If you are a California resident and would like to exercise any of your rights under the CCPA, please contact us as set forth in “Contact Us” below. We will process such requests in accordance with applicable laws.
California Shine the Light. The California “Shine the Light” law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties.
Right for minors to remove posted content. Where required by law, California residents under the age of 18 may request to have their posted content or information removed from the publicly-viewable portions of the Services by contacting us directly as set forth in Contact Us below.
Tono HIPAA Notice of Privacy Practices
Last Updated: May 10th, 2023
- SCOPE AND UPDATES TO THIS NOTICE
- USE AND DISCLOSURE OF YOUR PHI THAT DO NOT REQUIRE YOUR AUTHORIZATION
- USE AND DISCLOSURE OF YOUR PHI THAT REQUIRE YOUR AUTHORIZATION
- YOUR RIGHTS
- YOUR CHOICES
- OUR RESPONSIBILITIES
- CONTACT US
1. SCOPE AND UPDATES TO THIS NOTICE
This HIPAA Notice of Privacy Practices (“Notice”) describes how Tono Medical Services PC, Tono Medical Services PC, and Tono Medical Services PA and its affiliates, (collectively, “Tono,” “we,” “us,” or “our”) may use and disclose your protected health information (“PHI”) when it acts as a covered entity under the Health Insurance Portability and Accountability Act of 1996 (“HIPPA”) and how you can get access to this PHI. Please review this Notice carefully.
Supplemental Notices. Tono may provide additional privacy notices to individuals at the time we collect their PHI. These additional privacy notices may supplement this Notice or may apply in lieu of this Notice.
Changes to our Notice. We reserve the right to change the terms of this Notice, and the changes will apply to all PHI we have about you. The new Notice will be available upon request, in our office, and on our website.
2. USE AND DISCLOSURE OF YOUR PHI THAT DO NOT REQUIRE YOUR AUTHORIZATION
Tono uses and discloses PHI in a number of ways connected to your treatment, payment for your care, and our healthcare operations. Some examples of how we may use or disclose your PHI without your authorization are listed below.
We can use your PHI to treat you and share it with other professionals who are treating you. For example, a doctor treating you for an illness asks another doctor about your overall health condition.
We can use and share your PHI to bill and collect payment from health plans or other entities. For example, if we bill your health insurance, we give PHI about you to your health insurance plan so it will pay for your services.
C. Healthcare Operations
We can use and share your PHI to administer and support our business activities or those of other healthcare organizations (as allowed by law), including providers and plans. For example (and without limitation), we may use your PHI to conduct quality analysis, data aggregation, review and improve our services and the care you receive, and to provide training.
D. Other Uses and Disclosures
We may use or disclose your PHI without your authorization for legal and/or governmental purposes in the following circumstances:
As Required by Law: We will share information about you if state or federal laws require it, including with the Department of Health and Human Services to demonstrate compliance with federal privacy law, and under workers’ compensation laws.
Public Health and Safety: To an authorized public health authority or individual to: o Protect public health and safety. o Prevent or control disease, injury, or disability. o Report vital statistics such as births or deaths. o Help with product recalls. o Investigate or track problems with prescription drugs and medical devices.
Abuse or Neglect: To government entities authorized to receive reports regarding abuse, neglect, or domestic violence.
Minors: In general, parents and legal guardians are legal representatives of minor patients. However, in certain circumstances, as dictated by state law, minors can act on their own behalf and consent to their own treatment. In general, we will share the PHI of a patient who is a minor with the minor’s parents or guardians, unless the minor could have consented to the care themselves (except where parental disclosure may be required per applicable law).
Oversight Agencies: To health oversight agencies for certain activities such as audits, examinations, investigations, inspections, and licensures.
Legal Proceedings: In the course of any legal proceeding or in response to an order of a court or administrative agency and in response to a subpoena, discovery request, or other lawful process.
Law Enforcement: To law enforcement officials in certain circumstances for law enforcement purposes. By way of example and without limitation, disclosures may be made to identify or locate a suspect, witness, or missing person; to report a crime; or to provide information concerning victims of crimes.
Health Information Exchanges: We may participate in health information exchanges (“HIEs”) and may electronically share your PHI for treatment, payment and healthcare operations purposes with other participants in the HIEs. HIEs allow us, and your other healthcare providers and organizations, to efficiently share and better use information necessary for your treatment and other lawful purposes. In some states, the inclusion of your PHI in an HIE is voluntary and subject to your right to opt-in or opt-out; if you choose to opt-in or not to opt-out, we may provide your PHI in accordance with applicable law to the HIEs in which we participate.
Financial Information: We may ask you about income or other financial information to determine if you may qualify for a low income waiver for services where applicable. We may use this information for operations, marketing (when permitted by law), administrative purposes, and to improve our service offerings.
Research: We can use or share your information for health research as permitted by law. We may use your PHI to determine your eligibility for research, including medical, clinical, and public health research, and/or to contact you to seek your consent to use or share your PHI for research. You will not be paid for this use.
Veterans Affairs and National Security: To the extent required by law, to the Department of Veterans Affairs or in connection with national security.
Correctional Institutions: If you are or become an inmate of a correctional institution or are in the custody of a law enforcement official, we may disclose to the institution or law enforcement official information necessary for the provision of health services to you, your health and safety, the health and safety of other individuals and law enforcement on the premises of the institution and the administration and maintenance of the safety, security and good order of the institution.
We may also use or disclose your PHI without your authorization in the following miscellaneous circumstances:
- Contacting You Directly: We may use your PHI, including your email address or phone number, to contact you. For example, we may also use this information to send you appointment reminders and other communications relating to your testing and treatment, or let you know about treatment alternatives, research opportunities, or other health related services or benefits that may be of interest to you, via email, phone call, or text message.
- Your Tono Account: We may make certain PHI, such as information about testing or treatment, appointment histories and medication records, accessible to you through online tools, such as email or your Tono online account, or vendor platforms.
- Family and Friends: To a member of your family, a relative, a close friend—or any other person you identify who is directly involved in your healthcare—when you are either not present or unable to make a healthcare decision for yourself and we determine that disclosure is in your best interest. We will also assume that we may disclose PHI to any person you permit to be physically present with you as we discuss your PHI with you during that discussion, unless you tell us otherwise.
- Services Description and Alternatives: When permitted under HIPAA marketing rules to communicate with you about our services, options, or alternatives, as well as health-related benefits or services that may be of interest to you, or to describe our services to you.
- De-identified and/or Aggregated Information: We may use your PHI to create de-identified and/or aggregated information, such as demographic information, information about health or wellness, or other analyses we create. De-identified and/or aggregated information is not PHI, and we may use and disclose such information in a number of ways, including research, internal analysis, analytics, publications, making de-identified and/or aggregated information available to third parties, and any other legally permissible purposes.
- Coroners, Funeral Directors, and Organ Donation: To coroners, funeral directors, and organ donation organizations as authorized by law.
- Disaster Relief: To an authorized public or private entity for disaster relief purposes. For example, we might disclose your PHI to help notify family members of your location or general condition.
- Threat to Health or Safety: To avoid a serious threat to the health or safety of yourself and others.
3. USE AND DISCLOSURE OF YOUR PHI THAT REQUIRE YOUR AUTHORIZATION
Except in the situations listed in the sections above, we will use and disclose your PHI only with your written authorization. This means we will not use your PHI in the following cases, unless you give us written permission:
Marketing Purposes, except as allowed by HIPAA or applicable law (by way of example, marketing communications allowed by HIPAA without authorization include communications pertaining to care or treatment and/or our products or services).
Research. We won’t use your PHI to conduct research without your consent unless we are permitted to do so under applicable law.
Most sharing of psychotherapy notes. In some situations, federal and state laws provide special protections for specific kinds of PHI and require authorization from you before we can disclose that specially protected PHI. In these situations, we will comply with the more stringent state laws pertaining to such use or disclosure. If you have questions about these laws, please contact Tono as set forth below.
4. YOUR RIGHTS
Under HIPAA, you have the right to:
- Get an electronic or paper copy of your medical record o You can ask to see or get an electronic or paper copy of your medical record and other PHI we have about you. Ask us how to do this. o We will provide a copy or a summary of PHI, usually within 30 days of your request. We may charge a reasonable, cost-based fee.
- Ask us to correct your medical record o You can ask us to correct PHI about you that you think is incorrect or incomplete. Ask us how to do this. o We may say “no” to your request, but we’ll tell you why in writing within 60 days of your request.
- Request confidential communications o 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.
- Ask us to limit what we use or share o You can ask us not to use or share certain PHI 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. o If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that PHI 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 PHI o You can ask for a list (accounting) of the times we’ve shared your PHI for six years prior to the date you ask, who we shared it with, and why. o 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 Notice o You can ask for a paper copy of this Notice at any time, even if you have agreed to receive the Notice electronically.
- Choose someone to act for you o 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 PHI. o 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 o You can complain if you feel we have violated your rights by contacting us using the information set forth below. o 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/. o We will not retaliate against you for filing a complaint.
5. YOUR CHOICES
For certain PHI, you can tell us your choices about what we share. If you have a clear preference for how we share your PHI tell us what you want us to do, and we will aim to 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; and/or
- Include your information in a directory.
If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and share your PHI if we believe it is in your best interest. We may also share your PHI when needed to lessen a serious and imminent threat to health or safety.
6. OUR RESPONSIBILITIES
- We are required by law to maintain the privacy and security of your PHI.
- We are required by law to notify you in the case of a breach of unsecured PHI.
- 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 PHI 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.
7. CONTACT US
If you have any questions about our privacy practices or this Notice, or to exercise your rights as detailed in this Notice, please contact us at:
Tono Medical Services 90 Furman, 801 Brooklyn, NY 11201 Email: Info@Tonohealth.com Phone: (917) 382-0901