Privacy Policy

Effective: September 09, 2017

Introduction

Our mission is to drive better and more affordable healthcare through innovative software and information solutions for providers throughout the care continuum, their patients, and health researchers. Our solutions include our electronic health record, practice management and patient health record software, our care coordination and clinical data transmission services, and our health outcomes research solutions.

This Privacy Policy (this “Policy”) applies to the software and services we offer through our website located at www.talamus.co.za, our cloud-based mobile healthcare App. and solution, and web-enabled emails sent as part of, in connection with, or relating to such software and information services (collectively, our “Services”). This Policy does not apply to any other services. Maintaining your trust is important to us, and we strongly encourage you to read this Policy in its entirety.

The purpose of this Policy is to describe how we and our partners collect, use, and share information about you. This Policy may incidentally describe how our Services gather and use information about other individuals or information about you that may be submitted by another user. This Privacy Policy, however, only applies to how we and our partners collect, use, and share information about you with respect to the Services covered by out Talamus user terms and conditions or our Healthcare Provider Business Associate (BAA), Associate Center Business Associate Agreements and not to any other service we may offer to any other individual or customer. Some of our users – such as healthcare providers – are subject to laws and regulations governing the use and disclosure of health information they create or receive, comply with all applicable industry codes of conduct to the extent that they regulate or relate to the Processing of the Protected Information (including any rules which may be prescribed by the HPCSA in terms of the HPA); and, as amended from time to time, together with the regulations adopted thereunder ECT and POPI acts. When we store, process or transmit “individually identifiable health information” on behalf of a healthcare provider who has entered into a Business Associates Agreement (BAA), we do so as its “business associate”. Under this agreement, we cannot use or disclose individually identifiable health information in a way that the provider itself may not. We are also required to, among other things, apply reasonable and appropriate measures to safeguard the confidentiality, integrity, and availability of the individually identifiable health information we store and process on behalf of such providers. For the purpose of this Policy, the term “healthcare provider” means any user who is a “health care provider” or any user who is a member of such health care provider’s “workforce”. For additional information regarding our business associate obligations, please see Sections 4 and 12 of our Healthcare Provider BAA.

Information Collected by Our Services

Information You Submit or We Collect on Your Behalf:

We collect information from you when you:

We also collect information on your behalf when you authorize us to retrieve and import information from another user or other third party within our Service or as set forth in the User Agreement.

Information we collect about you may include your name, address, telephone number, email address, or the information you enter on or upload to our Services.

Automatically Collected Information:

We and our partners automatically gather information whenever you visit, log in, or otherwise interact with our Services, including when you receive emails delivered via our Services. We and our partners use the technologies described below and similar technologies that may not be expressly described (which we collectively call “Engagement Tools”) to gather this information to enhance and operate our Services in a number of ways, such as to:

Even if you do not register with us or submit any information on our Services, our Engagement Tools will automatically receive information about, and the software running on, the computer, mobile phone, or tablet (each, a “Device”) you use to interact with our Services.

Device Information: When you interact with our Services, we collect information about your Device such as the URL of services your Device is requesting and the referring web pages, your IP address, Device type, operating system, browser type, application identifier, and, under certain circumstances, the location information your Device sends to us.

Cookies & Similar Technologies: We and our partners collect information about you and your Devices through cookies, web beacons, and similar technologies. A “cookie” is a small data file sent from a website and stored on your Device to identify your Device in the future and allow for an enhanced personalized user experience based on your previous activity on the website. A “session cookie” disappears after you close your web browser, or may expire after a fixed period of time. A “persistent cookie” remains after you close your web browser and may be accessed every time you use our Services. We and our partners may use both session and persistent cookies on our Services. You should consult your web browser to modify your cookie settings. Please note that if you delete or choose not to accept cookies from us, you may not be able to use certain features of our Services.

Information from Other Sources:

We may receive or proactively gather information about you from other sources and add it to information we otherwise have about you for any purpose described in this Policy. This may include situations where a third party seeks to communicate with you through the Services or establish an “Integration” (as more fully describe below under the heading, Third Party Integrations).

How We Use Information

We may use the information we collect for the following purposes:

How our Services Allow Users to Share Information:

One-on-One Communications:

Our Services can be used to facilitate one-on-one communications between users and other persons. Examples include:

In any one-on-one communication, users are sending information to one another or to an individual or entity who may not be a user of the Services. Depending on the message, this could include the sharing of contact and other personally identifiable information.

Directories:

If you are a healthcare provider who has entered a healthcare provider BAA, you will have the ability to have your contact and directory information listed in one or more of our professional directories of healthcare providers on our Services that users and/or the general public may be able to view. These directories include profile information (e.g., contact, specialty and other information) and other features that allow users and/or the general public to locate and contact those listed in the directory.

If you visit our Services seeking to contact or schedule an appointment with a provider listed in one of our directories, you may need to submit personally identifiable and other information.

Public Forums:

Our Services include public forums that allow users to communicate with groups of users or the general public. Information a user posts in one of our communities may be available to a wide range of individuals, and should be presumed public. We strongly advise users to exercise care in selecting what information they share with our communities or public forums, and strongly recommend against sharing any personally identifiable, health, or other sensitive information that could directly or indirectly be traced to any individual, including themselves.

Records:

Our Services allow users to store personally identifiable and health information (“Records”), including Records that identify other individuals, including other users. Certain of our Services permit users to share all or portions of these Records at their discretion.

You should be aware that this Policy covers only the information you submit through our Services. If you contact or exchange information with another user in person or through a means other than our Services, such activity is not covered by this Policy. Because our Services enable users to share information you share with them, you should take care in selecting with whom you share your Records and other information. Although our Services process such transmissions, we are not responsible for the actions of persons with whom you share your Records and other information.

Emails and Other Communications:

Our Services allow users to communicate with others through our in-product instant messaging services, emails, SMS and other electronic communication channels. Communications that are sent by or on behalf of a user are indicated as being “From” that user, such as when our Services send an appointment notification from, and on behalf of, a healthcare provider to his or her patient. Additionally, we may communicate administrative or Service-related announcements through email or other communications within our Services. These communications may be “real time” communications or communications triggered automatically upon the occurrence of certain events or dates – such as a repeated sign-in failure or an appointment notification. Please note that you may not be able to opt out of receiving certain messages from us.

Emails and other communications from individuals who are not users of our Services, or that we send in connection with business agreements or subject matter other than the User Agreements, are not covered by this Policy. If, for example, you contact us regarding a job opening, that communication to us is not covered by this Policy even though that job opening may have been posted on our Services.

Third Party Integrations

Our Services may allow you to connect your account on our Services with third parties, such as when a healthcare provider seeks to integrate our electronic prescribing module into an Associate partner’s national electronic prescribing network, or linking his or her account with a third parties’ billing software (any such integration, an “Integration”). Integrations can also be initiated by third parties seeking to establish Integrations with you, such as when a clinical laboratory desires to transmit lab results directly into a healthcare provider’s electronic health record account rather than transmitting the result by fax or other means. Your use of these Integrations is entirely optional. Please note that if you choose to utilize any Integrated functions, any information you elect to provide to third parties will be subject to whatever agreement you have with them, including, if applicable, their terms of use or privacy policy, and not this Policy.

Sharing of Information

We may share information you submit to us with third parties under the following circumstances:

Security

To help prevent unauthorized access, maintain data accuracy, and protect against the inappropriate use of the information we collect, store, and transmit, we deploy a range of technical, physical and administrative safeguards. Under our BAA agreement with healthcare providers and applicable law, we are required to apply reasonable and appropriate measures to safeguard the confidentiality, integrity, and availability of individually identifiable health information residing on, and processed by, those elements of our Services that we operate as a business associate on behalf of healthcare providers. It is important to remember, however, that no system can guarantee 100% security at all times. Accordingly, we cannot guarantee the security of information stored on or transmitted to or from our Services.

Third Party Services

This Policy applies only to our Services. It does not apply to services offered by third parties, including websites and other online services to which our Services may display links. When you click on such links or advertisements, you will be visiting websites or interactive services operated by third parties, who have their own information collection practices and may also collect information through the use of Engagement Tools. We do not have control over how any third party collects or uses information, so you should review their privacy policies to learn of their practices.

Changes to this Policy

We believe in continuous innovation, which, along with changes in our business, may require that we amend this Policy from time to time. We will post a revised Policy along with its effective date on this page. Because this Policy can change at any time, we encourage you to reread it periodically to see if there have been any changes, amendments, or updates. If you object to the changes or any terms within this Policy or the User Agreements, you should discontinue using our Services. Your continued use of our Services following the effective date means that you have consented to the Policy, as amended, changed, or updated.

Viewing and Updating Your Information

Our Services aim to provide you with access to the information you submit and the means to update it within our Services consistent with applicable law. This can be accomplished by logginag into our Services and updating that information, or contacting a customer support representative, although please be advised of the important limitations described below. Under certain circumstances, we may ask you to verify your identity before your request is processed.

Please note that, unless you have administrative rights over another user’s account pursuant to BAA with healthcare providers, you are not entitled to access, update, or delete the content of another user’s account.

If you have used our Services to share information with another user or a third party, you will not be able to access, update, or delete that shared information. Further, if another user of our Services submits information that identifies you, you will not be able to access, update, or delete that information.

Certain users – such as healthcare providers – may be required under applicable laws or regulations to retain information about you for extended periods of time or indefinitely. Additionally, we may have independent obligations under applicable laws or regulations to retain such information indefinitely. Finally, for disaster recovery and business continuity purposes we retain copies of data stored by our Services for indefinite periods of time.

The POPI act grants individuals certain rights to access and amend certain health information that their healthcare providers retain about them. Patients should submit requests to access or amend their health information directly to their healthcare providers. Talamus will not amend any records created by healthcare providers on the Talamus system.

Contact Us

If you have questions regarding this Policy, please contact us at:

Talamus South Africa.

Email: Info@talamushealth.com