- What is Protected Health Information (“PHI”)?
- What PHI does 11 Health collect?
- Who does 11 Health share my PHI with and why?
- What are my rights to my PHI?
- What should I do if I have a question or concern about my collected PHI?
What is Protected Health Information?
As many health care service providers, 11 Health receives and maintains certain personal information about all our users. Some of this personal information is protected by federal and state laws. This type of information is known as “protected health information” or “PHI”. PHI is health information that identifies or could be used to identify a specific person.
What PHI does 11 Health collect?
When you voluntarily give your PHI to 11 Health through our online website and through your use of our 11 Health SmartCare System we maintain such PHI in our secure systems. Examples of PHI you may provide to 11 Health include:
- When you choose to register for the 11 Health SmartCare app, you provide your personal information such as your name, address, stoma type, medical history, and/or insurance
- When you use the 11 Health SmartCare System, we will receive health information from you such as your stoma output, skin temperature readings, heart rate, heart rate variability and/or stoma condition.
Who does 11 Health share my PHI with and why?
We use or disclose your PHI for treatment, payment, or healthcare operations purposes and other purposes permitted or required by law. By registering for the 11 Health SmartCare System, you authorize 11 Health to use or disclose your PHI for such purposes, which are described below. We need your written authorization to use or disclose your health information for any purpose not covered by one of the categories below. We will not use or disclose your PHI for marketing purposes or sell your PHI, unless you have agreed to this use or disclosure.
You can inform us at any time that you no longer allow us to use or disclose your PHI for the reasons shown below, but this will not stop any disclosure that we made based on your prior authorization. The law permits us to use and disclose your health information for the following purposes:
- Treatment: We may use or disclose your PHI to healthcare professionals for treatment purposes. This includes to the clinical teams at your health plan and/or to the 11 Health nurses and patient coaches providing care to you through the SmartCare System.
- Payment: We may use or disclose your PHI for purposes of billing and payment for the 11 Health SmartCare System. For example, we may disclose your PHI to your health plans or other payers to determine whether you are enrolled with the payer or eligible for health benefits or to get payment for our If you are insured under another person’s health insurance policy (for example, parent, spouse, domestic partner, or a former spouse), we may also send invoices to the subscriber whose policy covers your health services.
- Healthcare Operations: We may use or disclose your PHI for activities necessary to support our healthcare operations, such as performing quality checks on our services, internal audits, arranging for legal services, data analysis or developing reference ranges for our services. We also disclose your PHI to your health plan, health care benefits consultant, or health plan clinical team, if your use of the 11 Health SmartCare System is available and paid for by one of those groups. We provide only the minimal PHI to accomplish the intended purpose of the use and disclosure of the PHI. These entities are also required to keep the PHI confidential and secure.
- Business Associates – We may disclose your PHI to other companies or individuals that need the information to provide services to us. These other entities, known as “business associates,” are required to also keep the PHI confidential and For example, we may provide information to companies that assist us with support services or billing of our services.
- De-identifiable and Aggregated Format – We may use and disclose your PHI in a de-identifiable and aggregated manner to review our impact on all our users health and in hopes of making the 11 Health SmartCare System even more effective to help you with your management of your condition.
- Research – We may also use and disclose PHI for research purposes when an Institutional Review Board or privacy board has reviewed the research proposal and established protocols to ensure the privacy of your PHI and determined that the researcher does not need to obtain your authorization prior to using your PHI for research purposes.
- As Required by Law – We may use or disclose your PHI as required by
- Law Enforcement Activities, Legal Proceedings and Court Orders – We may use and disclose your PHI to prevent or minimize a serious threat to your health and safety or that of another person. We may also provide PHI to law enforcement officials, for example, in response to a warrant, investigative demand or similar legal process, or for officials to identify or locate a suspect, fugitive, material witness, or missing person. We may also disclose PHI to appropriate agencies if we reasonably believe an individual to be a victim of abuse, neglect or domestic violence. We may disclose your PHI if required to do so with a court or administrative order. We may disclose your PHI in response to a subpoena, discovery request or other legal process during a judicial or administrative We may also disclose PHI to those assisting in disaster relief efforts so that others can be notified about your condition, status and location.
- Family and Friends: At your request, we may disclose PHI to a family member, friend, or anyone else you inform us to provide the information
Other Uses and Disclosures:
As permitted by HIPAA, we may disclose your PHI to:
- Public Health Authorities
- The Food and Drug Administration
- Health Oversight Agencies
- Military Command Authorities
- National Security and Intelligence Organizations
- Correctional Institutions
- Organ and Tissue Donation Organizations
- Coroners, Medical Examiners and Funeral Directors
- Workers Compensation Agents
What are my rights to my PHI?
You have rights to your PHI that we collect. You can request 11 Health restrict the use and disclosure of your PHI by sending written request to the address below.
You can request a copy of your PHI we created or PHI you provided us online or through the SmartCare System at any time by emailing or by written request to the address below and we will send you your PHI electronically or by alternative means to an address specified by you. Once you review your PHI, if you see any problems with your PHI, you may request amendments to your PHI by making a written request to us at the address below. We may deny the request in some cases. If we deny your request to change your PHI we will provide you with a written explanation of the reason for the denial and additional information regarding further actions that you may take.
You also have the right to receive a list of certain disclosures of your PHI made by us in the past six years from the date of your written request to us at the address below. Under the law, this does not include disclosures made for purposes of treatment, payment, or healthcare operations or the other certain other purposes we have stated above. Please be aware that we are required as stated in the Health Insurance Portability and Accountability Act (HIPAA) of 1996 to notify you in the event of a breach involving your PHI and will do so as required by law.
What should I do if I have a question or concern about my collected PHI?
If you believe your privacy rights have been violated, you have the right to file a complaint with us. You also have the right to file a complaint with the Secretary of the U.S. Department of Health and Human Services, Office for Civil Rights. We will not retaliate against any individual for filing a complaint.
11 Health and Technologies Inc.
8 Hughes, Ste 200
Irvine, CA 92618
You can also call us at +1 (657) 266-0570.
Updated: September 17, 2020
This Privacy/Cookies Policy does not apply to personal information collected from 11 Health Web Sites that do not link to this Privacy/Cookies Policy, or to third-party web sites to which 11 Health Web Sites may link. Your use of the app and the 11 Health Web Sites, which link to this Privacy/Cookies Policy is subject to this Privacy/Cookies Policy, the Terms and Conditions and Terms of Service.
Please read this Privacy/Cookies Policy before using the app and/or 11 Health Web Sites or submitting personal information to us.
1. Types of Information Collected
How does this Privacy/Cookies Policy define “personal information”?
“Personal information” means information that identifies you or could reasonably be used to identify you and which is submitted to and/or collected by 11 Health and maintained by 11 Health in an accessible form. Examples of personal information include your name, your postal address, your e-mail address, and your telephone number.
What types of information does 11 Health collect online?
Personal Information You Submit: 11 Health collects personal information that you enter into data fields on the app and 11 Health Web Sites. For example, you may submit your name, postal address, e-mail address, and/or other information in order to install the app, receive information about various subjects, register for 11 Health programs, contact 11 Health customer service, or respond to 11 Health surveys. To protect your privacy, you should not provide 11 Health with any information that is not specifically requested.
Passive Collection of Certain Other Technical and Web Browsing Information: The app and 11 Health Web Sites may collect information about you and your visits to 11 Health Web Sites without you actively submitting such information. This information may include, for example, data from the Alfred Alert, your browser type and language, your operating system, your Internet Protocol (IP) address, the URLs of sites you visited before and after visiting the 11 Health Web Site, the web search that landed you on the 11 Health Web Site, web pages and advertisements you view and links you click on within the 11 Health Web Site. This information may be collected using various technologies, such as cookies, Internet tags, and web beacons. Your Internet browser also automatically transmits to 11 Health Web Sites some of this information, such as the URL of the Web site you just visited and the browser version your computer is operating.
2. Collection of Personal Information
Does 11 Health collect “sensitive” Personal Information?
In some jurisdictions and subject to your consent, the app and 11 Health Web Sites collect personal information, such as health related information. This information may be designated as “sensitive” under data privacy laws. 11 Health shall adopt additional measures as required by local law for the processing of such information. In addition, individual 11 Health subsidiaries or affiliates may adopt measures to address local custom or social expectation about such information. By providing us with sensitive personal information, you consent to 11 Health collecting, transferring, storing and processing it.
How does 11 Health use personal information that I have provided?
11 Health will use the personal information you provide through the app and 11 Health Web Sites to respond to your questions and to provide you with efficient customer service.
We may also use this personal information for other business purposes, such as to offer you the opportunity to receive notices regarding 11 Health’s products or services, to invite you to participate in surveys about our products, or to notify you about special promotions.
Will 11 Health combine personal information I provide through the app or on an 11 Health Web Site with other personal information about me?
11 Health may combine the personal information that a customer provides on the app and/or one 11 Health Web Site with the personal information provided by that customer to 11 Health.
11 Health may combine personal information that you provide to us online with our offline records.
11 Health may combine personal information that you have provided to us directly with records provided by third parties.
We use this consolidated information to help us better design the app, 11 Health Web Sites and 11 Health products, to communicate information to you, to enhance our marketing and research activities, and to facilitate other business functions.
What choices do I have about how 11 Health collects and uses personal information about me?
You may always limit the amount and type of personal information that 11 Health receives about you by choosing not to enter any personal information into forms or data fields on 11 Health Web Sites. The app and some of our online services can only be provided to you if you provide us with appropriate personal information. Other parts of 11 Health Web Sites may ask whether you wish to opt into or opt out of our contact lists for offers, promotions and additional services that may be of interest to you.
Does 11 Health share personal information with third parties?
11 Health will not sell or license your personal information to third parties except in connection with the sale or transfer of a product line or division, or in connection with a joint marketing program.
11 Health may share your personal information with third parties with whom 11 Health is jointly marketing a product or service or jointly conducting a program or activity. It is 11 Health’s practice to notify you if you are registering for a program which is conducted in conjunction with another company that may require access to your personal information.
11 Health may also share your personal information with vendors with whom 11 Health contracts to carry out business activities for 11 Health. If 11 Health provides your personal information to vendors to assist us with our business activities, it is 11 Health’s practice to require those vendors to keep your personal information confidential and to use your personal information only to perform functions for 11 Health.
11 Health may share your personal information with a third party in connection with the sale or transfer of one of its product lines or divisions so that the buyer can continue to provide you with information and services.
11 Health reserves the right to disclose your personal information to respond to authorised information requests from government authorities, to address national security situations, or when otherwise required by law.
Who within 11 Health will have access to personal information about me?
Personal information can be accessed by a restricted number of 11 Health employees.
We train our employees about the importance of privacy and how to handle and manage customer data appropriately and securely.
How does 11 Health secure personal information?
It is 11 Health’s practice to secure data from the app and each web page that collects personal information; however, the confidentiality of personal information transmitted over the Internet cannot be guaranteed. We urge you to exercise caution when transmitting personal information over the Internet, especially personal information related to your health.
11 Health cannot guarantee that unauthorised third parties will not gain access to your personal information; therefore, when submitting personal information to 11 Health Web Sites, you must weigh both the benefits and the risks.
Does 11 Health transfer personal information to different jurisdictions?
11 Health stores data on secured servers in several countries around the world. Please be aware that information you provide to us or we obtain as a result of your use of the app and/or 11 Health Web Sites may be processed and transferred to countries other than the country in which you are resident, including the United States. The privacy and data protection laws in such countries may not be equivalent to the laws in your country of residence. By using the app and using and participating in any 11 Health Web Sites or providing us with your information, you consent to this collection, transfer, storage, and processing of information to and in such countries.
How does 11 Health protect the privacy of children?
11 Health does not knowingly collect or use any personal information from children (we define “children” as minors younger than 16) on 11 Health Web Sites. We do not knowingly allow children to order our products, communicate with us, or use any of our online services.
If you are a parent and become aware that your child has provided us with information, please contact us using one of the methods specified below, and we will work with you to address this issue.
How may I correct personal information or delete it from current customer records?
In accordance with local legal law, you may request that we remove your personal information from our data records and current customer records or that we amend your personal information. Please notify us of your wishes by contacting us in one of the ways specified below. For our record keeping purposes, we will retain certain personal information you submit in conjunction with commercial transactions.
Why do 11 Health Web Sites use “cookies” and other tracking technologies?
Passive information collection technologies can make your use of 11 Health Web Sites easier by allowing 11 Health to provide better service, customise sites based on consumer preferences, compile statistics, analyse trends, and otherwise administer and improve 11 Health Web Sites. Certain features of 11 Health Web Sites may not work without use of passive information collection technologies.
You can also learn more about cookies by visiting www.allaboutcookies.org
What types of cookies and other tracking technologies do 11 Health Web Sites use?
11 Health Web Sites use “session” cookies. Session cookies are temporary bits of information that are erased once you exit your web browser window or otherwise turn your computer off. Session cookies are used, for example, to improve navigation on our web sites, and to collect aggregated statistical information.
11 Health Web Sites may use “persistent” cookies. Persistent cookies are more permanent bits of information that are placed on the hard drive of your computer and stay there unless you delete the cookie. Persistent cookies store information on your computer for a number of purposes, such as retrieving certain information you have previously provided (e.g., passwords), helping to determine what areas of the web site visitors find most valuable, and customising the web site based on your preferences on an ongoing basis. Persistent cookies placed by this site on your computer may hold personally identifiable information, but only if you have registered or have otherwise consented to the retention of personally identifiable information you have provided at the site. Otherwise our site’s server only knows that an unidentified visitor with your cookies has returned to the site.
4. Contact Information and Policy Updates
How can I contact 11 Health?
If you have questions about the use, amendment, or deletion of personal information that you have provided to us, or if you would like to opt out of future communications from an 11 Health business or a particular 11 Health program, please contact us via email. Alternatively, you may send a letter to the following address:
11 Health and Technologies Limited
The Kinetic Business Centre
In all communications to 11 Health, please include the e–mail address used for registration (if applicable), the Web site address or the specific 11 Health program to which you provided personal information (e.g. 11 Health.com, etc.), and a detailed explanation of your request.
If you would like to delete, amend or correct your personal information and are contacting us by e-mail, please put “Deletion Request” or “Amendment/Correction Request”, as applicable, in the subject line of the e-mail. We will do our best to respond to all reasonable requests in a timely manner.
How will I know whether 11 Health has updated this policy?
Without prejudice to your rights under applicable law, 11 Health reserves the right to amend this Privacy/Cookies Policy without prior notice to reflect technological advancements, legal and regulatory changes and good business practices.
If 11 Health changes its privacy practices, an updated version of this Privacy/Cookies Policy will reflect those changes and we will notify you of such changes by updating the effective date at the bottom of this Privacy/Cookies Policy.
The EU General Data Protection Regulation (“GDPR”) is in force from 25 May 2018. The GDPR amends and updates the rights you have in relation to your personal data, and what companies that process your personal data are permitted and required to do. It also requires that we provide you with the following information in addition to that which you have already received: This supplemental notice supersedes any information you have already received from us.
The GDPR introduces new and extended rights in relation to your personal data beyond those already highlighted to you. These are:
- The right to rectify or erase any wrong or incomplete personal data that 11 Health holds about you;
- The right to opt out at any time of any marketing material from us. This will be noted at the bottom of any email you receive from us. The right to access the personal data that 11 Health holds about you;
- The right, in some cases, to object to the processing of your personal data on legitimate grounds;
- The right not to be subjected to automated decision making intended to evaluate certain personal aspects relating to you, such as analytics based on conduct. Please refer to the cookies section of the privacy notice for more information on how to exercise this right if it is indicated that cookies are being used;
- Where you have provided your personal data to us with your consent or as part of a contract, the right to the portability of that personal data to another person or, if its technically feasible for us to do so, to another company;
- The right to lodge a complaint with your national data protection supervisory authority or to receive compensation for any damage you suffer; and
- The right to withdraw your consent to 11 Health’s processing of your personal data, without detriment.
FURTHER INFORMATION YOU NEED TO KNOW
International transfers – We transfer your personal data outside of the European Economic Area (“EEA”) to third countries which do not offer the same level of protection as required in the EEA. In order to safeguard your personal data, we will only make such transfers on the basis of (i) a decision by the European Commission that permits this, or (ii) subject to EU-approved Standard Contractual Clauses. Please note, 11 Health has entered into data transfer agreements based on the EU Standard Contractual Clauses to transfer your personal data from the EEA to third countries, which includes the United States.
To access or receive a copy of the EU Standard Contractual Clauses which we use to export your personal data from the EEA, please contact us using our data protection e-mail address (details below).
Storage – Your personal data will be stored for as long as it is needed to deliver and make available to you the app, service or product that you have requested, or in accordance with any legal requirements, including in relation to product and medical device safety. For further information, please contact us using our data protection e-mail address below.
Why we need your personal data – The provision of personal data to 11 Health is required to fulfil the terms of a contract you have with 11 Health, to provide you with the product or service you have requested, or to comply with local EU laws, such as those in relation to product or medical device safety.
Failure to provide such personal data will mean that 11 Health cannot provide you with the product or service you have requested.
Data Protection Concern: If you have any queries in relation to the processing of your personal data please contact us via email.
Last Updated May 2018