This document sets forth the privacy policy (the Privacy Policy) of iCheckup, LLC (the Company), a Delaware limited liability company, for all of the services provided directly or indirectly by the Company, including those services made available through application programmer interfaces (APIs) and services offered through third parties integrating functionality (the Services), software with all prior and subsequent versions and all patches and updates thereto (the Software), and all Company websites (collectively, the Site).  This Privacy Policy forms part of the Terms of Service of the Company. 

The Site, Services and Software (collectively, the “Offerings”) are not intended for use by anyone not able to enter into legally binding contracts. If you are not able to legally form binding contracts, you may not use the Offerings or submit information about yourself. Without limiting the foregoing, the Offerings are not intended for and may not be used by children under the age of 18, nor may they be used to solicit or collect any information from children under the age of 18. If you have objections to this Privacy Policy, you should not download, access, sign up for or use, as applicable, the Offerings.

The Company strives to offer its visitors the many advantages of Internet technology and to provide an interactive and personalized experience. We may use Personally Identifiable Information (your name, e-mail address, street address, telephone number) subject to the terms of this Privacy Policy. We will never sell, barter, or rent your email address to any unauthorized third party. 

Collection of Personally Identifiable Information

We collect and store information about users of our Site depending on the page being displayed and the activities or services accessed. For example, you may be asked to provide Personally Identifiable Information when you register for access to certain portions of our site or request certain features, such as newsletters or when you make a purchase. At your discretion, you may choose to provide Personally Identifiable Information when you participate in surveys, ratings, contests, message boards, chat rooms, and other interactive areas of our site. 

We also collect information automatically and through the use of electronic tools that may be transparent to our visitors. For example, we may log the name of your Internet Service Provider or use cookie technology to recognize you and hold information from your visit. Among other things, the cookie may store your user name and password, sparing you from having to re-enter that information each time you visit, or may control the number of times you encounter a particular advertisement while visiting our site. As we adopt additional technology, we may also gather information through other means. 

You can choose not to provide us with Personally Identifiable Information, for example by not completing registration forms or by setting your browser to refuse to accept cookies, but if you do you may be unable to access certain portions of the site or may be asked to re-enter your user name and password, and we may not be able to customize the sites features according to your preferences.

We also automatically compile Personally Identifiable Information from public databases and make that information easily accessible.  For example, the name, phone number and physical address of health care providers are available in both state and federal databases.  This information is already in the public domain -- our systems merely categorize and display this information.  We enable health care providers to register for a free account and disable the display of their phone number and address by our Site, but this will not remove the information from the public domain.

Like other content publishers, we collect information to enhance your visit and deliver more individualized content and advertising. We respect your privacy and do not share your Personally Identifiable Information with anyone.

We may use Personally Identifiable Information to communicate with you about your registration and customization preferences, our Terms of Service and Privacy Policy, services and products offered by the Company, and other topics we think you might find of interest.

Personally Identifiable Information collected by the Company may also be used for other purposes, including but not limited to site administration, troubleshooting, processing of e-commerce transactions, administration of sweepstakes and contests, and other communications with you. Certain third parties who provide technical support for the operation of our site (our internet hosting service for example) may access such information. We will use your information only as permitted by law. In addition, from time to time as we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses. In such transactions, user information may be among the transferred assets. 

We may disclose your Personally Identifiable Information in response to a court order, at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and/or to law enforcement authorities whenever we deem it appropriate or necessary. We may not provide you with notice prior to disclosure in such cases.

HIPAA

This system provides the opportunity for you to communicate to your health care provider and the general public about your health care experiences.  We collect: (a) information available in public databases; (b) information provided by you; and (c) information provided by your health care provider with your prior consent.  You have the opportunity to RESTRICT the information we share to the specific health care provider who provided you with the health care service. If you enter a private message to your health care provider, we will encrypt the message.

No electronic system is 100% secure - it is possible for a malicious user to hack into our system and identify the relationship between your personally identifiable information and your personal health information.  However, we do permit you to create an alias using an alternative name and email address (from the email provider of your choosing).  You may communicate this alias and email address to your health care provider so they can identify who you are in their internal (private) records.  This is your responsibility.

Therefore, if you choose to participate in this site by providing your personally identifiable information in combination with your personal health information, we cannot guarantee that your information will remain secure and you are submitting or allowing the submission of information outside of any protections afforded by any federal or state health care privacy acts or laws.  For example, HIPAA (the Health Insurance Portability and Accountability Act of 1996) and the federal Privacy Act of 1974 do not apply to information you provide to or enter into this site or its databases.

If you choose to use your personally identifiable information instead of an alias, you specifically indemnify us from any liability related to a breach of this system where a malicious user obtains and/or uses your personally identifiable information and personal health information.

Use of Aggregated Information

Aggregated Information (information that does not personally identify you) may be used in many ways. For example, we may combine information about your usage patterns with similar information obtained from other users to help enhance our site and services (e.g., to learn which pages are visited most or what features are most attractive). Aggregated Information may occasionally be shared with our advertisers and business partners. Again, this information will never include any Personally Identifiable Information about you or allow anyone to identify you individually.

Telecommunications Privacy

Protecting the privacy of your telecommunications information is important to us. When we receive calls we may track information about the name, phone number, and other information about the calling party. In addition, we may gather information about telecommunication services used by our members. By contacting us via telephone you are authorizing us to contact you in return even if your phone number is on any legal DNC (do not call) lists.

Affiliated Sites and Linked Sites

We expect our partners, advertisers and affiliates to respect the privacy of our users. Be aware, however, that third parties, including our partners, advertisers, affiliates and other content providers accessible through our site, may have their own privacy and data collection policies and practices. For example, during your visit to our site you may link to, or view as part of a frame on our site, certain content that is actually created or hosted by a third party. Also, through our website you may be introduced to, or be able to access, information, websites, features, contests or sweepstakes offered by other parties.  We are not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.

Advertisements

While on our site, our advertisers, promotional partners or other third parties may use cookies or other technology to attempt to identify some of your preferences or retrieve information about you. For example, some of our advertising is served by third parties and may include cookies that enable the advertiser to determine whether you have seen a particular advertisement before. Other features available on our site may offer services operated by third parties and may use cookies or other technology to gather information. We do not control the use of this technology by third parties or the resulting information, and we are not responsible for any actions or policies of such third parties.

Data Security

Services and Web sites we sponsor have security measures in place to protect the loss, misuse, and alteration of the information under our control. While we strive to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party hackers from illegally obtaining this information. 

Children

The Company does not knowingly collect or solicit Personally Identifiable Information from or about minor children except as permitted by law. If we discover we have received any information from a minor child in violation of this Privacy Policy, we will delete that information immediately. If you believe the Company has any such information, please contact us.

Protecting the privacy of the young is important to us. Therefore, you cannot use this site if you are not 18 years old. If you are not 18 years old you are not permitted to access this website for any reason. Because of this, we never knowingly collect or maintain information at our website from those we actually know are under 18, and no part of our website is structured to attract anyone under the age of 18.

Contacting Us

We can be reached by contacting us through our website contact form, which provides a link to send e-mail, our mailing address, and phone number.  Please contact us to update any Personal Information such as mailing address and e-mail address.

Contacting You

We will contact you with information you have agreed to receive or information that we feel will be of interest to you. At any time, you may choose to opt out of receiving any communications from us.  You agree that we may contact you to notify you of important changes to the Company, Terms of Service, this Privacy Policy even if you have chosen to not receive communications from us.  In order to prevent us from sending you any future communication, you may contact us and request that we remove your Personal Information from our database.

Legal Disclaimer

Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site.

You should also be aware that if you voluntarily disclose Personally Identifiable Information on message boards or in chat areas, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond the control of the Company and this policy.

Changes to this Policy

We reserve the right to change this Privacy Policy at any time. Please check this page periodically for changes.  Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected. Your continued use of our site following the posting of changes to these terms will mean you accept those changes and the new terms will then apply to information collected prior to the posted changes. 

Governing Law

The Company was formed and is administered under the laws of the State of Delaware, USA. This Privacy Policy and the use of this Site are governed by law. If a dispute arises under this Policy we agree to first try to resolve it with the help of a mutually agreed-upon mediator in Wilmington, Delaware. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration in Wilmington, Delaware under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.

Updated: April 8, 2013