Akiva Health Systems Privacy Policy

Last modified: August 13, 2012

Welcome and thank you for your interest in the Akiva Health Systems website ("Website"). The Website and all content, services and/or products available on or through the Website (collectively, the "Akiva Services") are owned, operated, and brought to you by Akiva Health Systems, Inc. ("Akiva" or "We"). This Privacy Policy describes our policies and procedures regarding the collection, use and disclosure of your personal information on or through Akiva Services. Akiva values the privacy of the visitors to the Website and users of Akiva Services (individually, "User" and collectively, "Users"), and makes it a priority to protect any personally identifiable information that it obtains from its Users.

This Privacy Policy describes what information Akiva gathers from you, how Akiva uses that information, and what Akiva does to protect that information. By using Akiva Services or any part thereof (whether or not you register for an account for Akiva Services), you expressly consent to the information handling practices described in this Privacy Policy. If you do not want information about you to be used in the manner set forth in this Privacy Policy, please do not access, browse or otherwise use Akiva Services or any part thereof.

This Privacy Policy is incorporated into and is subject to Akiva's Terms of Service. Your use of Akiva Services or any part thereof and any personal information you provide on or through Akiva Services are subject to the terms of this Privacy Policy and Akiva's Terms of Service.

The Information Akiva Collects:

• User-provided Information: When you register for an account for Akiva Services or at any later time, you may provide to Akiva what is generally known as "personally identifiable information" (such as your name, password, age, gender, photograph, email address, postal mailing address, zip code, and home/mobile telephone number). Certain features of Akiva Services will also require you to provide certain health-related information if you so choose and if Akiva deems it necessary or helpful in the provision of Akiva Services or any part thereof. If you choose to provide such information, during registration or otherwise, you are giving Akiva the permission to use, store, and disclose it consistent with this policy.


• Protected Health Information: You may elect to provide to Akiva your health-related information. Akiva has developed and implemented specific policies and procedures consistent with the privacy and security standards under the federal government's Health Insurance Portability and Accountability Act of 1996 ("HIPAA").


• "Cookies" Information: When you visit the Website, whether or not you register for an account, Akiva may send one or more cookies - small text files containing a string of alphanumeric characters - to your computer. Cookies remember information about your activities on a website. Akiva generally uses session cookies. A session cookie disappears after you close your browser. Please review your web browser "Help" file to learn the proper way to modify your cookie settings. However, without cookies you may not have access to certain services or features available on Akiva Services. Third party content displayed in connection with Akiva Services may also contain cookies set by such third party. Akiva does not control these cookies and you should check the privacy policy of such third party to see whether and how it uses cookies.


• "Automatically Collected" Information: When you access or use the Website or any other part of Akiva Services, Akiva's servers or its third party service providers may automatically record certain information from your browser by using different types of technology, including standard log files, JavaScript, "clear gifs", or "web beacons", or similar tracking mechanisms. Such "server logs" may include your Internet Protocol (IP) address, browser type, internet service provider (ISP), referring or exit pages, click stream data, operating system and the dates and times that you visit the Website. Additionally, Akiva or its third party service providers may record certain information regarding your use of features Akiva may make available on or through the Website, such as information regarding the services or features you have used, your healthcare providers and/or patients who have also registered for Akiva Services, and your general usage of Akiva Services.


• Your communications: When you send email or other communications to Akiva, Akiva may retain such email or other communications and collect information associated with such email or other communications such as the content, date and time of such messages.


• Information from Other Sources: Akiva may also obtain information, including personally identifiable information, from third parties and sources other than Akiva Services. If Akiva combines or associates information from other sources with personally identifiable information that it collects through Akiva Services, it will treat the combined information as personally identifiable information in accordance with this Privacy Policy.

The Way Akiva Uses Information:

• Akiva uses the information that you provide or that it collects in order to establish and enhance the services provided to you. Akiva generally uses such information to operate, maintain, enhance, and provide all of the features and services found on Akiva Services. Akiva uses such information to understand and analyze the usage trends and preferences of its Users, both individually and as part of certain categories of Users, in order to engage and provide better service to each such User, to improve the way Akiva Services work and look, and to create new features and functionality.


• Akiva may use the information that you provide or that it collects in order to periodically provide you with email, text, or automated phone call reminders about posting or submitting new data or content to your healthcare providers through Akiva Services, or about new data or content provided by your patients through Akiva Services. Akiva may also use your personally identifiable information to provide you with information, newsletters or offers about Akiva's features and services that may be of interest to you. However, you will always have the option to opt out of receiving such information.


• Akiva may use the email address you provide at registration to provide you with any notices Akiva is required to provide you in accordance with Akiva's Terms of Service.


• Akiva may use "cookies" information to: (a) remember some of your information so that you will not have to re-enter it during your visit or the next time you visit the Website; and (b) monitor aggregate site usage metrics such as total number of visitors and pages viewed or statistical tracking of actions users take when interacting with Akiva Services.

When Akiva Discloses Information to Third Parties:

• Akiva Services enable you to share your User Submissions (as that term is defined in the Terms of Service) with certain other Users (such as your healthcare providers, patients, or others in your "circle of health" like family members, therapist, mentors etc.). Akiva may disclose any personally identifiable information and protected health information that you choose to include in such User Submissions to other such Users if you have specifically directed or authorized Akiva to communicate in that manner with such Users on your behalf. Without limiting the foregoing, if you are a healthcare provider, Akiva will disclose and transfer control over any Protected Health Information (as that term is defined in HIPAA) provided by you on or through Akiva Services to the User to whom such Protected Health Information pertains or belongs in the event that such User has directed you to disclose or release such User's Protected Health Information in this manner by providing you with a valid written or electronically signed authorization.


• Akiva may disclose automatically collected and other aggregate non-personally-identifiable information to third parties in order to assist such parties in understanding the usage, viewing, and demographic patterns for certain content, services, and/or functionality available on or through Akiva Service.


• Akiva may also disclose your personally identifiable information or protected health information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright law) or respond to a court order, judicial or other government subpoena, or warrant. In some cases, Akiva may make such disclosures without first providing notice to you.


• Akiva also reserves the right to disclose User information that it believes, in good faith, is appropriate or necessary to take precautions against liability; to protect Akiva from fraudulent, abusive, or unlawful uses; to investigate and defend itself against any third party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of Akiva Services; or to protect the rights, property, or personal safety of Akiva, its Users, or others.


• In the event that Akiva is acquired by or merged with a third-party entity, it reserves the right, in any of these circumstances, to transfer or assign the information that it has collected from its Users as part of such merger, acquisition, sale, or other change of control. However, in such cases, Akiva will provide you notice before your personally identifiable information is transferred to and becomes subject to the privacy policy of a different entity.

Your Choices:

You may, of course, decline to share any or all of your personally identifiable information or protected health information with Akiva, in which case Akiva may not be able to provide to you some of the features and functionality found on or through Akiva Services. If you register for an account for Akiva Services, you may update, correct, or delete your account information and preferences at any time by going to your account settings page. To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information. However, You are SOLELY responsible for maintaining the secrecy of your unique ACCOUNT AND password Information at all times.

Most browsers are initially set up to accept cookies, but you can choose to configure your browser to refuse all cookies or to indicate when a cookie is being sent.

Links to Other Sites:

Akiva Services may be linked to internet websites operated by third parties not affiliated with Akiva. These third-party websites may use technology to send, directly to your browser, some of the links that appear on the Website. These third parties may automatically receive your IP address if this happens. These third parties may also use other technologies (such as cookies, JavaScript, or Web Beacons) to personalize the content they send to you. You should consult the respective privacy policies of these third-party websites. Akiva's Privacy Policy does not apply to, and Akiva cannot control the activities of, such other third party websites. Please be aware that Akiva does not warn you when you have chosen to link through to another website from the Website.

Our Commitment to Children's Privacy:

Akiva does not knowingly collect personally identifiable information on or through Akiva Services from persons under 18 years-of-age without their parent's or legal guardian's consent. If Akiva learns that personally identifiable information has been collected from persons under 18 years-of-age through Akiva Services without their parent's or legal guardian's consent, then Akiva will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under the age of 18 has a registered account with Akiva Services or Akiva has received any personally identifiable information of that child without your consent, then you may alert Akiva at [childprivacy @ akivahealth.com] and request that Akiva delete that child's personal information and/or account from its systems.

Our Commitment to Data Security:

Akiva has developed and implemented administrative, physical, and technical safeguards to help ensure the integrity and security of your personal information. These safeguards are consistent with the current security standards for protection of health information as required by HIPAA. Akiva cannot, however, ensure or warrant the security of any information you transmit to Akiva, and you do so at your own risk. Once Akiva receives any information from you, it makes commercially reasonable efforts to ensure the security of its systems. However, this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of Akiva's administrative, physical, and technical safeguards.

If Akiva learns of a security systems breach, then it may attempt to notify you electronically so that you can take appropriate protective steps. Akiva may post a notice on or through Akiva Services if it has knowledge that a security breach occurred. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

International Visitors:

Akiva Services may be accessed and/or used by Users located outside the United States. If you choose to use Akiva Services from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personally identifiable information outside of those regions to the United States and by providing your personally identifiable information on or through Akiva Service you consent to that transfer.

Changes and Updates to this Privacy Policy:

This Privacy Policy may be revised periodically without further notice to you and this will be reflected by a "Last modified" date above. Please revisit this page to stay aware of any changes. Your continued use of Akiva Services constitutes your agreement to this Privacy Policy and any future revisions. For any material modifications to this Privacy Policy or in the event that such modifications materially alter your rights or obligations hereunder, we will provide you with notice of such modification in accordance with the notice procedures described in the Terms of Service. In that case, such modifications will automatically be effective upon the earlier of (i) your continued use of Akiva Services with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms on or through Akiva Services.

Contact Information:

Please contact Akiva with any questions or comments about this Privacy Policy, your personal information, or your consent choices by email at [privacy @ akivahealth.com].