1. Introduction
Welcome to the myHealth Concierge App, a digital health platform provided by MyOnsite Healthcare (“we,” “us,” or “our”). This document serves as the User Terms and Privacy Policy (the “Terms”) for your use of the MyHealth Concierge App (the “App”). These Terms outline the responsibilities, rights, and obligations of MyOnsite Healthcare and you as a user of this app (referred to herein as “you” or “user”). By creating an account, accessing, or using the App, you agree to comply with these Terms, including our data handling practices and your rights concerning your healthcare data.
The App is designed to facilitate your healthcare needs, streamline medical data management, and provide opportunities for eligible users to participate in research studies. We respect your privacy and are committed to protecting your healthcare data, adhering to applicable data protection regulations such as the Health Insurance Portability and Accountability Act (HIPAA), the General Data Protection Regulation (GDPR), and the California Consumer Privacy Act (CCPA).
2. User Account Security
2.1. Account Creation and Responsibilities
To access and use the App, you must create a user account. During registration, you will be required to provide accurate and up-to-date information. You are responsible for safeguarding your login credentials and for all activity on your account. You must promptly notify us of any unauthorized access or suspected breach of security.
2.2. Security Best Practices
We encourage the use of multifactor authentication (MFA) for an added layer of security. We may notify you if we detect any unusual activity associated with your account. For your safety and privacy, you should log out of your account after each session and avoid accessing the App from shared or public devices.
3. Collection and Use of Personal and Health Data
3.1. Types of Data Collected
Upon registration and while using the App, we may collect personal data such as your name, email address, and demographic information. Additionally, as part of your healthcare management, we may collect sensitive health data, including medical history, location data, biometric data, and information regarding your healthcare providers.
3.2. Purpose of Data Collection
Your data will be used for providing essential health services, including scheduling, managing, and coordinating healthcare appointments and communication with healthcare providers. We use your health data to improve our services, enhance user experience, and provide data-driven healthcare insights. If you consent to the use of your data for research purposes, it may also be used in studies aiming to advance healthcare outcomes, understand population health trends, and evaluate potential treatment outcomes.
3.3. Data Transparency and User Control
Similar to the best practices of healthcare providers like Epic Systems, we ensure transparency by clearly communicating each data use. You will be notified at the point of collection how your data will be used, and we obtain your consent before any data collection beyond core functionalities.
3.4. Data Sharing and Third-Party Involvement
We may share your data with third-party service providers only as necessary for the App’s functionality and strictly under agreements that ensure compliance with applicable data protection laws. No data will be used for marketing or advertising without your explicit opt-in consent.
4. eConsent for Data Retrieval, Screening, and Research Participation
4.1. Electronic Consent (eConsent)
By agreeing to these Terms, you provide electronic consent (“eConsent”) for MyOnsite Healthcare to retrieve, collect, and process your healthcare data for purposes outlined in this section. Your eConsent facilitates data-driven healthcare services, potential participation in medical research, and improvements in health outcomes.
4.2. Data Retrieval and Research Screening
With your eConsent, we may retrieve relevant healthcare data from your medical records, including but not limited to, diagnoses, medications, and lab results, to screen for eligibility in research studies and to explore how healthcare outcomes can be improved. If eligible, you may be contacted about participation in research studies, provided further details, and given the opportunity to provide specific consent for each study. This screening process does not affect your healthcare or access to the App and will comply with HIPAA’s minimum necessary standard.
4.3. Use of Data for Research and Development
Your eConsent allows us to de-identify and aggregate your healthcare data for research and development, enhancing our health services and supporting clinical research aimed at improving medical knowledge and patient care. De-identified data used for research will not contain information that could reasonably identify you, ensuring privacy protection under HIPAA and GDPR standards.
4.4. Opt-Out and Withdrawal of Consent
You have the right to withdraw your eConsent for data retrieval and research at any time by adjusting your settings in the App or contacting our support team. Withdrawal of consent will not affect the processing of data previously collected under valid consent but will apply to future data retrieval and research activities.
5. Intellectual Property
5.1. Ownership of App Content
All intellectual property within the App, including software code, designs, logos, and other content, remains the exclusive property of MyOnsite Healthcare. Users are granted a personal, non-transferable, and non-exclusive license to access and use the App for its intended healthcare purposes.
5.2. Restrictions on Use
You may not modify, reverse-engineer, reproduce, or distribute any part of the App without our explicit written permission. Violation of this license agreement may result in termination of your account and legal action if deemed necessary.
6. Privacy and Data Protection
6.1. Compliance with Privacy Laws
We are committed to maintaining the confidentiality and security of your data, in line with HIPAA, GDPR, and CCPA regulations. Our data processing practices are designed to provide you with clear choices and control over your data while ensuring that our handling of personal and health information is compliant with applicable privacy laws.
6.2. Data Access and Correction
You have the right to access your health data collected through the App, request corrections for any inaccuracies, and obtain a copy of your data in a commonly used format. We offer in-app options to manage and review data settings for your convenience.
6.3. Data Retention and Deletion
Your data will be retained as long as necessary to provide the App’s services, comply with legal obligations, and for legitimate business purposes. Upon request or account deactivation, personal data may be deleted, anonymized, or archived, subject to applicable regulatory retention requirements.
7. Limitation of Liability
7.1. Disclaimer of Warranties
The App is provided on an “as-is” basis. MyOnsite Healthcare does not make any guarantees regarding the accuracy, reliability, or completeness of the App’s features or data processing. We disclaim all warranties to the fullest extent permitted by law, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
7.2. Limitation of Damages
To the maximum extent permitted by law, MyOnsite Healthcare shall not be liable for indirect, consequential, punitive, or incidental damages arising from or related to your use of the App. This includes damages for loss of data, privacy breaches, or unauthorized account access.
8. License Termination and Suspension
8.1. Termination of Account
We reserve the right to terminate or suspend your account for violating these Terms or for any activity that compromises the security or integrity of the App. Where possible, users will be notified of any account suspension, provided with resolution options, and may submit a request for reinstatement.
8.2. Effect of Termination
Upon termination, your license to access the App is immediately revoked. Data associated with your account may be retained for legal, operational, and compliance purposes as required by applicable regulations.
9. Updates to Terms and User Notification
9.1. Periodic Review and Amendments
These Terms are reviewed periodically and may be amended to reflect changes in our practices, technological advancements, regulatory updates, or user feedback. Substantial updates to these Terms will be communicated via in-app notifications and will require your re-acceptance to continue using the App.
9.2. User Rights and Feedback
We are committed to addressing user concerns and feedback regarding our data practices and Terms. If you have questions or concerns about these Terms, you may contact our support team through the App.
10. Contact and Support
For questions regarding these Terms or to exercise your rights related to your healthcare data, please contact our data protection officer at support@myonsitehealthcare.com. Our support team is available to assist with any privacy-related inquiries, data access requests, or concerns about eConsent withdrawal.