Privacy Policy

Last updated: April 6, 2018

This Privacy Policy discloses the practices of SparkMD Inc. (“Blueberry Pediatrics”) and its predecessors licensors, beneficiaries, and/or affiliated medical practice entities (collectively, the “Companies”, “we”, or “us”), concerning information we obtain by and through your use of the Blueberry Pediatrics’s website located at blueberrypediatrics.com and other related websites and mobile applications (collectively, the “Site”). We offer online telehealth services allowing you to engage healthcare professionals (“Healthcare Professionals”) to obtain medical and healthcare services (“Services”).  The Companies are committed to respecting your privacy and recognizing your need for appropriate protection and management of personally identifiable information and health information you share with us. The purpose of this Privacy Policy is to explain the types of information Blueberry Pediatrics obtains about users of the Site and/or Services, how the information is obtained, how it is used, how it is disclosed, how you can get access to this information, and the choices you have regarding our use of, and your ability to review and correct, the information. By using the Site and/or Services, you are accepting and consenting to the use of your information as described in this policy. 

Please read this privacy policy carefully to understand our policies and practices regarding your information and how we will treat and safeguard your information.  This Privacy Policy applies to our Site and Services, and applies to residents of the United States. This Privacy Policy does not extend to websites operated by third parties or other offline sources. Blueberry Pediatrics is therefore not liable for their privacy policies, procedures and practices. 

THIS PRIVACY POLICY MAY BE UPDATED AT ANY TIME. WHEN THE PRIVACY POLICY IS CHANGED, MODIFIED, AND/OR AMENDED, THE REVISED PRIVACY POLICY WILL BE POSTED SITE AND THE EFFECTIVE DATE WILL BE NOTED. YOU ACCEPT ANY SUCH MODIFICATIONS TO THIS PRIVACY POLICY BY CONTINUED USE OF OUR SITE AND SERVICES AFTER SUCH MODIFICATIONS ARE MADE. 


While this Privacy Policy describes how we collect, use, and disclose your information, it does not address  any PHI submitted by you in relation to a Visit (as defined below), which is covered by the Notice of Privacy Practices: https://www.blueberrypediatrics.com/privacy-practices

1. Information That You Give Us

When you register for the Site or subscribe to our Services (“Enroll”), we collect personal information that can identify you (“Personally Identifiable Information” or “PII”) such as your full name, email address, mailing address, telephone number, and credit card information for payment. We also may collect PII or protected health information (“Protected Health Information” or “PHI”) from you when you transmit a request to Blueberry Pediatrics to provide non-emergency general pediatric healthcare services (“Visit”); creating a profile; commenting on articles; or completing surveys. Blueberry Pediatrics does not refer or recommend any Medical Practices to you.

The information that we collect varies depending upon how you use our Services. When you request a Visit, you will need to provide us with health-related information that a Physician will need to properly provide medical services. We will not use any PHI for any other purpose without your written authorization, or unless otherwise permitted or required by law. You may revoke, in writing, any such authorization at any time, except to the extent we have taken action in reliance thereon.

WE DO NOT KNOWINGLY ENROLL DIRECTLY OR COLLECT INFORMATION DIRECTLY FROM CHILDREN UNDER THE AGE OF EIGHTEEN.

Please keep in mind that certain features on the Site may give you an opportunity to interact with us and others. These may include forums, message boards, chats, creating community profiles, and rating, tagging and commenting on articles. When you use these features you should be aware that any information you submit, including your name, location, health issues, and email address, may be publicly available to others. We do not protect the privacy of and are not responsible for your disclosure of any information through these interactive features, including, but not limited to information that you might post related to a minor.

Also, whenever you voluntarily disclose anyone’s personal information on publicly-viewable web pages, that information can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information that you voluntarily post, so we encourage you to exercise discretion and caution with respect to information you choose to disclose through these interactive features. When an individual chooses to post information that will be publicly disclosed, he or she is responsible for all legal consequences. We are not responsible under any data protection laws for information that you voluntarily post on a site that can be accessed by others.

If you believe that we have violated your privacy rights, you should contact us at the mailing address or e-mail address provided below. You may also file a complaint with the government. See http://oag.ca.gov/contact/consumer-complaint-against-business-or-company for more information.

2. Other Information We Collect.

Cookies

Our Site may use cookies and other technologies to collect information. Cookies are small bits of information that our websites place on the hard drive of your computer. We may use cookies to facilitate your login processes; allow you to personalize and store your settings; collect usage information; determine our total audience size and traffic; and help us improve our sites by measuring which areas are of greatest interest to users.

Tracking and/or Analytics Services

We may use mobile application tracking and/or analytics services. These services may record unique mobile gestures such as tap, double-tap, zoom, pinch, scroll, swipe and tilt but do not collect personally identifiable information that you do not voluntarily enter in the Site. These services do not track your browsing habits across mobile applications that do not use the same services. We are using the information collected by these services to understand user behavior and optimize site performance.

Web Beacons

We may also use web beacons (invisible images often referred to as pixel tags or clear GIFs) in order to recognize users and assess traffic patterns, and we may include web beacons and cookies in our email messages in order to count how many e-mail messages have been opened.

Non-Personally Identifiable Information

We also collect Non-Personally Identifiable Information that is not health information or medical information in the form of statistics and information regarding the Site user’s statistics and metrics obtained from third party devices (for example, steps, distance, calories burned, GPS coordinates, bat speed, hand speed, swing time, etc.), which may be combined with personal information you submit through the Site and/or Services so that you can fully enjoy the benefits of the Site’s tracking, monitoring, and diagnostic tools. We may also request the following optional information as part of your profile so that you can fully enjoy the features and functions of our Services: your weight, height, and gender.

Mobile Device Information

Your use of the SIte may also include collection of information from your mobile device. For example, the Site may request your permission to collect location data and/or may request access to multimedia (photos or videos) stored on your mobile device. You have the option of declining collection of geolocation data, but this may limit your ability to participate in certain activities through the Site. If you do not wish for your location data to be shared with Blueberry Pediatrics, please respond accordingly when prompted on your mobile device, or visit your mobile device settings. Multimedia will only be collected from your device if you affirmatively select it to upload to the application (i.e. you choose an image or video to store within the Site). Multimedia will not be shared with other Site users (with the exception of your profile photo, to the extent such feature is offered, which will appear in your user profile).

3. How We Use Your Information.

Subject to this Privacy Policy, the Terms of Service, and applicable terms and conditions of third-party applications, all data transmitted through the Site is owned by Blueberry Pediatrics. To the extent Blueberry Pediatrics is precluded from owning data transmitted through the Site, you grant Blueberry Pediatrics a perpetual, worldwide, royalty-free license to use such data (with the exception of PHI) to the extent necessary to enable use of the Site, the website, and Services. Generally, we may use information in the following ways:

  • For the purposes for which you specifically provided it including, without limitation, to enable us to process your registration, provide the Services or other requests.
  • To transmit a request for a Visit per your request.
  • To send you information about your relationship or transactions with us.
  • To notify you about our products, services, and special offers, except that we will not use PHI for marketing purposes without your prior written consent for yourself or your minor child.
  • To otherwise contact you with information that we believe will be of interest to you.
  • To enhance or develop features, products and services. To allow us to personalize the content that you and others see on the Site.
  • To provide advertisers and other third parties with aggregate information about Site users and Site usage patterns.
  • To allow other select companies to send you promotional materials about their products and services, provided that no PHI will be used for this purpose without your prior written consent.

We use non-Personally Identifiable Information for purposes such as measuring the number of users of various features of the Site, making the Site more useful to users and delivering targeted advertising and non-advertising content. We may also use Non-Personally Identifiable Information (for example, statistics regarding use and metrics) for research purposes, for marketing and promotional purposes, and to develop new learning tools and solutions and we may share such information with third parties, including researchers and/or advertisers, on an aggregate and anonymous basis. We use IP addresses to analyze trends, administer the Site, track a visitor’s movement, and gather demographic information for aggregate, non-personally identifiable use.
You acknowledge that unless you request in writing otherwise, we, in our sole discretion, has the right but not the obligation to store any information, whether Personally Identifiable Information or otherwise, perpetually, to the extent permitted by law. If you wish for any information about you to be removed from our database, please contact us through the contact information provided below in the “How to Contact Us” section of this Privacy Policy.

4. Sharing Your Information.

Except as otherwise described in this Privacy Policy, or if we inform you otherwise at the time of data collection and receive your consent where required, we will not sell, trade, or share your information with third parties.

We may share your information as follows:

  • Visits: We will share your information, at your direction, to transmit a request for a Visit. The Healthcare Professional’s treatment of your information is subject to the privacy practice. Any PHI that we collect from you will be kept private and secure, as required by law.
  • With Affiliates: We may share your information with affiliated companies and businesses, provided that your PHI will not be shared for any marketing purposes without your prior written consent, in accordance with applicable law.
  • With Service Providers: We may use other companies to perform services including, without limitation, facilitating some aspects of our Site such as processing credit card transactions sending emails, fulfilling purchase requests, and data analysis on our behalf. These other companies may be supplied with or have access to your information solely for the purpose of providing these services to you on our behalf. Such service providers shall be bound by appropriate confidentiality and security obligations, which may include, as applicable, business associate contract obligations.
  • With Business Partners: When you make purchases or engage in promotions offered through our Site, we may share PII, but not your PHI, with the businesses with which we partner to offer you those products, services, and promotions. When you accept a particular business partner’s offer, you authorize us to provide your information to that business partner.

Special Circumstances:
We also may disclose your information:

  • In response to a subpoena or similar investigative demand, a court order, or other request from a law enforcement or government agency where required by applicable law.
  • When disclosure is required or allowed by law in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Site’s terms and conditions or other agreements or policies.
  • In connection with a corporate transaction, such as the sale of all or a portion of our business, a divestiture, merger, consolidation, or asset sale, or in the event of bankruptcy, as required or allowed by law.

SPECIAL NOTICE FOR USERS OF THE SITE: IF YOU ELECT TO MAKE YOUR PROFILE (OR THAT OF A MINOR OR FAMILY MEMBER) VIEWABLE BY HEALTHCARE PROFESSIONALS, ALL INFORMATION THAT YOU INCLUDE IN THAT PROFILE MAY BE VIEWED BY HEALTHCARE PROFESSIONALS. YOU SHOULD NOT ENTER ANY INFORMATION IN THE PROFILE THAT YOU (OR ANOTHER PERSON) WISH TO REMAIN CONFIDENTIAL. A HEALTHCARE PROFESSIONAL WILL NOT BE ABLE TO CONTACT YOU EXCEPT THROUGH THE PERSONAL CONTACT INFORMATION YOU PROVIDE THROUGH THE SITE.

5. Confidentiality of Health Information.

Certain Healthcare Professionals may be subject to laws and regulations governing the use and disclosure of health information they create or receive. Included among them is the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health of 2009 (“HITECH”), and the regulations adopted thereunder, and applicable state laws. Blueberry Pediatrics is prohibited from, among other things, using individually identifiable health information in a manner that the health care provider itself may not. Blueberry Pediatrics is also required to, among other things, apply reasonable and appropriate measures to safeguard the confidentiality, integrity and availability of individually identifiable health information we store and process on behalf of such health care providers.

6. How to Access or Update Your Information.

You have the ability to review and update your personal information by visiting the account section on the Site. You can also review and update your personal information by contacting us at the email address provided below in the “How to contact us” section of this Privacy Policy.

7. How We Protect Your Information.

We use commercially reasonable administrative, technical, and physical measures to safeguard your information in our possession against loss, theft and unauthorized use, disclosure or modification. We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet is 100% secure, however. Therefore, while we strive to make all reasonable efforts to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. In the unlikely event of a data breach, you will be notified as soon as reasonably possible, in accordance with applicable law. Furthermore, we are not responsible for any breach of security or for any actions of any third parties that receive the information.
Certain of the administrative, technical, and physical measures in place are as follows. Blueberry Pediatrics’s infrastructure is kept in a secured data center that protects from unauthorized access to the physical servers, backups and any element used to store and/or process personal data. Only authorized personnel can access the data center. Blueberry Pediatrics systems and databases are backed up regularly to help protect the data in case of an uncontrollable catastrophe. The data center that stores Blueberry Pediatrics servers has policies and procedures in place designed to safeguard the equipment that our data is stored on. Blueberry Pediatrics regularly upgrades its system software to include the latest security features. Blueberry Pediatrics servers are protected by a firewall system, which is designed to keep unwanted traffic or access out of our computer network. Blueberry Pediatrics also employs an intrusion prevention service provided by a secured data center operated by a professional company, and uses security methods to determine the identity of each registered user, so that appropriate rights and restrictions can be enforced for that user. Reliable verification of user identity is called “authentication.” All communication between Blueberry Pediatrics’s Web server, your browser and the Site is encrypted with SSL (Secure Sockets Layer) to guard against network eavesdroppers. Your password is internally encrypted in Blueberry Pediatrics’s system to prevent unauthorized access to the system. Validations are built throughout the application to capture the most reliable information. Only the last 4 digits of your credit card number is stored on our servers.

8. Changes To Our Privacy Policy.

From time to time we may revise this Privacy Policy. If we make revisions that change the way we collect or use your information, those changes will be posted on the Site and the effective date will be noted at the end of the Privacy Policy. If we make material changes to our practices regarding use of your information, your information will continue to be governed by the Privacy Policy under which it was subject prior to those changes, unless you have been provided notice of, and have not objected to, the changes.

9. Children’s Online Privacy Protection Act.

We support and comply with the Children’s Online Privacy Protection Act (COPPA) and we do not knowingly collect information from children under the age of 18, nor do we share such information with third parties. Children under the age of 18 may not use the Site. You will be responsible for providing information related to the minor and for paying for the Visit requested for the minor.

10. Links to Third Party Sites.

Our Site may contain links to websites or applications operated and maintained by third-parties, over which we have no control. Privacy policies for these third-party sites and applications may be different from our Privacy Policy. You access these third-party sites and applications at your own risk. You should always read the privacy policy of a linked site or applications before disclosing any personal information on such site and/or through such applications. Blueberry Pediatrics is not responsible for information you submit to third-parties.

11. How to Contact Us.

If you have any questions, comments or concerns about our Privacy Policy, you may contact us at info@blueberrypediatrics.com.

12. Effective Date.

This Privacy Policy is effective as of April 6, 2018.