Helios Application Privacy Policy

Last modified: May 1, 2020


1. Introduction.
   (a) American Medical Solutions, Inc. (“Company,” “we,” “our,” or “us,” as applicable), respects your privacy and is committed to protecting it through our compliance with this Privacy Policy. This Privacy Policy describes:
      (i) The types of information we may collect or that you may provide when access and use the Helios application (the “Application”).
      (ii) Our practices for collecting, using, maintaining, protecting, and disclosing that information.
   (b) This Privacy Policy applies only to information we collect in this Application and in email, text, and other electronic communications sent through or in connection with this Application. Additional terms and conditions, if any, regarding the collection and use of your information may also be provided to you before you sign up for a particular program, activity or service.
   (c) This Privacy Policy DOES NOT apply to information that:
      (i) We collect offline or on any other Company apps or websites, including websites you may access through this Application.
      (ii) You provide to or is collected by any third party, which is governed by Section 5 (Third-Party Information Collection).
   (d) Our websites and other apps may be controlled by third parties, who may have their own privacy policies, which we encourage you to read before providing information on or through them.

   (e) Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not access or use this Application. You can always opt not to disclose personal information to us, but keep in mind some information may be needed in order to access and use the Application and/or to take advantage of certain features. By accessing or using this Application, you agree to this Privacy Policy. This Privacy Policy may change from time to time as set forth in Section 12 (Changes to Our Privacy Policy).  Your continued use of this Application after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.

2. Children Under the Age of 13.  

The Application is not intended for children under 13 years of age, and we do not knowingly collect personal information directly from children under 13. If we learn we have collected or received personal information directly from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information collected directly from a child under 13, please contact us at info@americanmedicalsolutions.com

3. Information We Collect and How We Collect It.

(a) We collect information from and about users of our Application:
(i) Directly from you when you provide it to us.
(ii) Automatically when you use the Application.

3.1 Information You Provide to Us.

(a) When you access and use this Application, we may ask you to provide information. By which you may be personally identified, such as your name, postal address, email address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”).

   (b) This information includes:
      (i) Information that you provide to us, including any information provided at the time of registering to use the Application, subscribing to our service, posting material, requesting further services, and reporting problem with the Application.
      (ii) Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.

      (iii) Your responses to surveys that we might ask you to complete for research purposes.

3.2 Automatic Information Collection.

   (a) When you access and use the Application, it may use technology to automatically collect:
      (i) Usage Details. When you access and use the Application, we may automatically collect certain details of your access to and use of the Application, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the Application.
      (ii) Device Information. We may collect information about your mobile device and internet connection, including the mobile device’s unique device identifier, IP address, Ethernet address, operating system, browser type, data network information (such as mobile network information), and the mobile device’s telephone number (if applicable).
      (iii) Stored Information and Files. The Application also may access metadata and other information associated with other files stored on your computer or other electronic device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.
      (iv) Location Information. When accessing and using the Application on a mobile device, this Application may collect real-time information about the location of your mobile device.

   (b) If you do not want us to collect this information, do not access or use the Application or, if previously accessed and/or used, immediately cease further access and use.

4. Information Collection Technologies.

   (a) The technologies we use for automatic information collection may include:
      (i) Cookies (or mobile cookies). A cookie is a small file placed on your mobile device. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your mobile device. However, if you select this setting you may be unable to access certain parts of our Application.
      (ii) Web Beacons. Pages of the Application and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).

      (iii) Web Service Analytics. We may use third-party analytics services in connection with the Application, including, for example, to register mouse clicks, mouse movements, scrolling activity and text typed into the Site.  We use the information collected from these services to help make the Application easier to use and as otherwise set forth in Section 6 (How We Use Your Information).  These analytics services generally do not collect personal information unless you voluntarily provide it and generally do not track your browsing habits across web services that do not use their services.

5. Third-Party Information Collection.

   (a) When you use the Application or its content, certain third parties may use automatic information collection technologies to collect information about you and your mobile device or other electronic device. These third parties may include:
      (i) Analytics companies.
      (ii) Your mobile device manufacturer.
      (iii) Your mobile device service provider.

   (b) These third parties may use tracking technologies to collect information about you when you use this Application. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services’ websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

6. How We Use Your Information.

   (a) We use information that we collect about you or that you provide to us, including any personal information, to:
      (i) Provide you with the Application and its contents, and any other information, products or services that you request from us.
      (ii) Fulfill any other purpose for which you provide it.
      (iii) Give you notices about your account.
      (iv) Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
      (v) Notify you when Application updates are available, and of changes to any products or services we offer or provide through the Application.
      (vi) To develop and maintain strong business relationships with customers, partners and potential customers and partners, including selling and/or providing your personal information for use by such parties in connection with sales, marketing and promotional activities.
      (vii) To use Google Analytics to better understand our web traffic and marketing effectiveness.
      (viii) To compile de-identified personal information and other information (on an aggregate and anonymous basis) and to use and share such aggregate and anonymous information with third parties for any of the purposes specified in this Privacy Policy and for any other lawful purpose.
      (ix) To investigate legal claims, protect our rights or the rights of others, prevent harm to persons or property, and fight fraud and credit risk.
      (x) For such purposes for which we may obtain your consent from time to time.
      (xi) For such other uses as may be permitted or required by applicable law.
   (b) The Company may monitor your use of the Application and collect and compile aggregate and anonymized data and information related to your use of the Application, including to compile statistical and performance information related to the provision and operation of the Application (“Aggregated Statistics”). The Aggregated Statistics, other aggregated information and personal information we collect helps us to improve our Application and to deliver a better and more personalized experience by enabling us to:
      (i) Estimate our user size and usage patterns.
      (ii) Store information about your preferences, allowing us to customize our Application according to your individual interests.
      (iii) Recognize you when you use the Application.
      (iv) Improve and refine our Application and new products, services and/or other applications which we may develop now and/or in the future.

   (c) You hereby grant to Company an exclusive, royalty-free, perpetual, worldwide license to access, revise, reproduce, distribute, transfer, and otherwise use and display all aggregated information (including any personal information contained therein) and to perform all acts with respect to such Aggregated Statistics to the extent permitted under applicable law. As between the Company and you, all right, title and interest in aggregated information, and all intellectual property rights therein, belong to and are solely retained by the Company.

7. Disclosure of Your Information.

   (a) We may disclose aggregated information about our users, and information that does not identify any individual, mobile device or other electronic device, without restriction. In addition, we may disclose personal information that we collect or you provide:
      (i) To our subsidiaries and affiliates.
      (ii) 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. For example, we may disclose information to determine if users have interacted with content across multiple devices and to match such devices (including demographic, geographic and interest-based data).
      (iii) To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Application users is among the assets transferred.
      (iv) To fulfill the purpose(s) for which you provide it.
      (v) For any other purpose disclosed by us when you provide the information.
      (vi) With your consent.
      (vii) To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
      (viii) To enforce our rights arising from any contracts entered into between you and us, including the Application EULA, and for billing and collection.

      (ix) If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others.

8. Your Choices About Our Collection, Use, and Disclosure of Your Information.

   (a) This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.
      (i) Tracking Technologies. You can set your browser, electronic device, or mobile device to refuse all or some cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the Application may then be inaccessible or not function properly.
      (ii) Location Information. You can choose whether or not to allow the Application to collect and use real-time information about your mobile device’s location through the mobile device’s privacy settings. If you block the use of location information, some parts of the Application may then be inaccessible or not function properly.

   (b) We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

9. Accessing and Correcting Your Personal Information.

   (a) You can review and change your personal information by logging into the Application and visiting your account profile page.  You may also send us an email at info@americanmedicalsolutions.com to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

10. Your Privacy Rights under Applicable Law.

   (a) We retain personal information about you for as long as necessary to provide you the Application.  In some cases, we retain personal information for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, prevent fraud, enforce this Privacy Policy, or as otherwise permitted or required by applicable law, rule or regulation.  Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.
   (b) If you are a California resident, you may have certain rights over your personal information held by us under the California Consumer Privacy Act (the “CCPA”). California residents are entitled once a year, free of charge, to request and obtain certain information regarding our disclosure, if any, of certain categories of personal information to third parties for their direct marketing purposes in the preceding calendar year. As a California resident, you also have the right, at any time, to tell us not to sell personal information – this is called the “right to opt-out” of the sale of Personal Information.
   (c) If you are a Nevada resident, you have the right to request certain information from us regarding the collection and sale of your personal information during your visit to the Application or when you otherwise interact with us online.  If you are a Nevada resident, you also have the right to opt-out of the sale of your personal information collected by us through the Application.
(d) You can request access to, or deletion of, your personal information that we collect and maintain through our Application by contacting us at info@americanmedicalsolutions.com with “Request for Privacy Information” on the subject line and in the body of your message.  We will process your request within 60 days, or we will let you know if we need additional time.  If required, we will make such personal information available to you in a form that is generally understandable, and will explain any abbreviations or codes. We will provide the requested information to you at your e-mail address in response. Whichever way you elect to contact us, we may ask that you confirm and attest to your identity and residency. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

11. Data Security.

   (a) We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Application, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

   (b) Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our Application. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

12. Changes to Our Privacy Policy.

   (a) We may update our Privacy Policy from time to time. If we make material changes to how we treat our users’ personal information, we will post the new Privacy Policy on this page with a notice that the Privacy Policy has been updated and notify you by an in-Application alert the first time you use the Application after we make the change.

   (b) The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address and/or phone number for you and for periodically visiting this Privacy Policy to check for any changes.

13. Contact Information.  

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at info@americanmedicalsolutions.com.