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SPECTRA
PRIVACY POLICY

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE INSTALLING AND/OR USING THE APPLICATION OR WEBSITE OR SUBMITTING ANY PERSONAL DATA TO SPECTRA

Spectra at Blue Sky Therapy, LLC, d/b/a Spectra (“Spectra” or “we”) is in the business of providing to its Users secure messaging services through its mobile application and website to Users’ Apple iOS and other mobile devices or web browsers, which includes, without limitation, all associated computer software, functionality, features, media, printed materials, and “online” or electronic documentation (collectively, the “App”). The App is accessible via the Apple App Store maintained by Apple and other App marketplaces where the App is available (collectively referred to as “App Store”), or through the website at www.spectrahealth.us. Spectra provides to Users the right to install and use the App pursuant to an End User License Agreement (“EULA”), the Terms of Use, and this Privacy Policy, which are entered into by and between Spectra and Users of the App.

Your privacy is important to Spectra. As part of your installation and use of the App, personal data is gathered about you (individually, a “User” and collectively, “Users”). This Privacy Policy contains explanations regarding the types of information collected, how that information may be used or disclosed, and how to correct or change the information.

By accepting the EULA or Terms of Use, you will have the right pursuant to the EULA or Terms of Use to install and/or use the App. By using this App you will be required to provide Spectra certain personal data in accordance with this Privacy Policy. Personal Data is defined as information that may directly or indirectly identify particular individuals. We may also collect Non Personal Data defined as data that cannot be used on its own to identify, trace, or identify a person. Personal and Non Personal data collected may or may not include: (a) first and last name, (b) phone number, and (c) device data including, but not limited to, Internet Protocol address, Operating System version, and language. Spectra will also process and store healthcare communications, such as treatment and care conversations and related media such as photographs between you and members of your Groups, as defined under the heading Limits of Confidentiality (“Healthcare Communications”). You hereby agree to allow Spectra and the App to access, store and use any information directly related to the App other than Healthcare Communications, including, without limitation, Personal Data. However, all Healthcare Communications transmitted in the App, including healthcare information and related media, while processed and stored by Spectra, are encrypted and the content of Healthcare Communications is not accessed by Spectra unless expressly requested by the owner(s) of this information within a Group and/or as required by law.

Spectra agrees to comply with all applicable privacy laws in connection with its collection, storage and use of Personal Data and Healthcare Communications, including, but not limited to the Health Insurance Portability and Accountability Act of 1996, and the rules and regulations promulgated thereunder, as amended. (‘HIPAA”). The EULA and Terms of Use are incorporated herein by reference. The right to install and use the App is subject to a User’s acceptance of the EULA or Terms of Use and this Privacy Policy and the terms and conditions set forth in the EULA or Terms of Use and this Privacy Policy.

Spectra recognizes that privacy is an important issue. This Privacy Policy outlines the types of Personal Data we may collect when you install and use the App, how we use and may disclose that information, as well as the steps we take to safeguard it. We require you to read this Privacy Policy in its entirety so that you can make an informed decision about sharing your Personal Data with us.

Spectra reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of the App following the posting of changes to these terms will mean you accept these changes. Spectra will take reasonable measures to notify you if there is a material change in our privacy practices with respect to use of the Personal Data you have provided to Spectra. If you have any questions about this Privacy Policy, Spectra’s privacy practices, or feel that your privacy has been compromised, please contact Spectra Customer Support via email at support@spectrahealth.us.

GENERAL PRIVACY PRINCIPLES

Personal Data You Provide to Us:

Spectra requires Personal Data in connection with your installation, registration and use of the App and we use the Personal Data that you submit so that we can verify your Spectra patient account for you, process your communications, or comply with the law.

Healthcare Communications:

The App has been designed to support the secure transmission of Healthcare Communications to Users in a Group. All Healthcare Communications are encrypted and the content of Healthcare Communications is not accessed by Spectra unless expressly requested by the owner(s) of this information within a Group and/or as required by law. Spectra will only process Healthcare Communications to facilitate the secure transmission of the information and does not access any of the data in Healthcare Communications.

Limited Use, Disclosure and Retention:

Except as otherwise set forth in this Privacy Policy under the heading Limits of Confidentiality or as required by law, Spectra does not use, disclose or retain your Personal Data for purposes other than those for which it was collected or as required by law. Your Personal Data is retained only as long as necessary for the fulfillment of those purposes or as required by law.

User Registration:

Ultimately, you are solely responsible for maintaining the ownership of your device and account information. Please be careful and responsible whenever you are using the App.

Accuracy:

Your Personal Data is kept as accurately and completely as is necessary for the purposes for which it is to be used. You have the right to update, modify, amend or correct errors in your Personal Data by updating it in the App or contacting Spectra by email at support@spectrahealth.us.

Safeguards:

Spectra protects your Personal Data and Healthcare Communications by using safeguards that Spectra believes are appropriate to the sensitivity of the information. We maintain certain administrative, technical and physical safeguards to help protect against loss, misuse or unauthorized access, disclosure, alteration or destruction of your Personal Data and Healthcare Communications. Each of our employees, subcontractors, or business partners who have access to your Personal Data is informed about our Privacy Policy and procedures for protecting Personal Data.

Spectra undertakes substantial efforts to protect the confidentiality of the Personal Data and other information it has collected about individual Users and, except as otherwise set forth in this Privacy Policy including, without limitation, under the heading Limits of Confidentiality, will not intentionally disclose this information to anyone outside Spectra, our affiliated businesses and/or third party vendors.

Except as otherwise set forth in this Privacy Policy, we restrict access to your Personal Data to employees who need to know that information in order to perform their jobs and provide services to you. We review our data collection, storage and processing practices and security measures, as well as physical security measures intended to guard against unauthorized access to systems where we store Personal Data, on a periodic basis.

Access:

Upon request, by e-mail to support@spectrahealth.us you will be given access to your Personal Data within a reasonable timeframe. Spectra will assist any User who informs us that they need assistance in preparing a request concerning Personal Data. You may also request to have your Personal Data amended as appropriate, or request that Spectra delete or correct any of your Personal Data.

Limits of Confidentiality:

By using the App and sharing your Personal Data with us, you will have opted-in to our collection, disclosure and use of your Personal Data and non-Personal Data under this Privacy Policy.

We may use your Personal Data for the purposes of sending you registration information for the App, maintaining your account, processing your communications, and communicating with you about the App and Spectra. We may also use Personal Data for auditing, research, and analysis to operate and improve Spectra’s technologies, services, and operations.

We do not sell any of your Personal Data (including your name or phone number) to any companies or third parties.

Additionally, when you access Spectra’s products or services, our servers automatically record information that your mobile device sends whenever you access the App. These server logs may include information such as your request, Internet Protocol address, Operating System version, browser type, language, and date and time of your request.

Further, when you send email communications to Spectra, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.

We may share your Personal Data in any of the following circumstances:

  1. Affiliated or Third Party Businesses. We may provide your Personal Data to our subsidiaries, affiliated companies, or other trusted businesses or persons (“Affiliated or Third Party Businesses”) for the purpose of processing or storing Personal Data on our behalf. These Affiliated or Third Party Businesses include, without limitation, third parties we use to assist us in our mission of providing you with our secure messaging platform such as data center hosting providers and mobile analytic firms. The Personal Data that we process or that is processed for us may be transmitted to and stored on the servers of Affiliated or Third Party Businesses. When we do disclose your information to others, it is subject to agreements that require those parties to process such information in compliance with this Privacy Policy, and in an appropriate confidential and secure manner.

  2. Groups. Users may create groups and invite other Users to join the groups to use the App to view Healthcare Communications and communicate about such User’s healthcare treatment (“Groups”). By inviting other Users to join a Group you create, you are authorizing Spectra to provide such other Users access to the Healthcare Communications shared in such Group. Healthcare Communications shared within a Group may be further disclosed by the other Users in the Group and may no longer be subject to state and federal privacy laws that protect the privacy and security of protected health information. As a Group administrator, you can elect to remove another User from one of your Groups at any time.

    If you are authorized to access another User's Personal Data and/or Healthcare Communications, you agree to protect the confidentiality of this information and comply with state and federal privacy laws that may prohibit the disclosure of protected health information without the express written authorization of the person who is the subject of the protected health information.

  3. Spectra Users. When a User installs and uses the App and submits Personal Data through use of the App, the User’s use of the App means that the User opts-in to the collection of the Personal Data the User submits through the User’s use of the App.

  4. Security. Due to the existing legal, regulatory and security environment, Spectra may disclose aggregate level and/or Personal Data about its Users to protect the rights, property or safety of Spectra, our customers, or the public, to prevent fraud or imminent harm, and in connection with providing for the security of our computer systems, computer network, telecommunications network, products and services.

  5. Sale or Transfer of Business. We may sell or otherwise transfer your Personal Data and Healthcare Communications to a successor of Spectra, or any subsidiary or division of Spectra in connection with an asset sale, acquisition, merger, consolidation, divestiture, stock sale, purchase of part or all of the assets of the business, or other corporate transaction, or by way of assignment (whether by operation of law or otherwise) in connection with any such or similar transaction or in connection with the administration of a bankruptcy estate. In the case of such event, Spectra’s systems, technology, intellectual property, and data, including Personal Data and Healthcare Communications, will become the property of the successor and will be subject to the successor’s Privacy Policy should they have one.

Accountability:

Spectra has appointed an officer who is accountable for Spectra’s compliance with this Privacy Policy. All questions regarding this policy can be sent to support@spectrahealth.us and by regular mail at Spectra, 510 W. Main Street, Suite B, Canfield, OH 44406, and Attention: Privacy Officer.

Children Under the Age of 13:

Spectra is committed to protecting the privacy of children. Our policy is that we do not knowingly collect, use or disclose Personal Data about Users that we know are under 13 years of age. This App is not directed in any respect to children under the age of 13.

CONSENT:

YOUR KNOWLEDGE AND CONSENT ARE REQUIRED FOR THE COLLECTION, USE, OR DISCLOSURE OF YOUR PERSONAL DATA. BY SUBMITTING YOUR PERSONAL DATA TO SPECTRA, YOU HEREBY CONSENT TO SPECTRA’S COLLECTION, USE AND DISCLOSURE OF SUCH INFORMATION. IF YOU DO NOT CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF PERSONAL DATA AS DESCRIBED IN THIS PRIVACY POLICY, YOU SHALL NOT SUBMIT SUCH INFORMATION TO SPECTRA.

Date Last Revised: January 2018