Privacy Policy

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY. 

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING OUR SERVICES, OUR WEBSITE, OR OUR MOBILE APPLICATIONS. IF YOU ARE A PATIENT, THE HANDLING OF YOUR PROTECTED HEALTH INFORMATION IS GOVERNED BY YOUR HEALTHCARE PROVIDER'S PRIVACY POLICY. 

1.0 Purpose

This page sets the Privacy Policy (Privacy Policy”) for Sightview’s products and services such as Sightview’s websites (“Sites”), electronic healthcare records systems including associated systems such as practice management systems (“Systems”), messaging and communication services (collectively, “Communication Services”), self-service user portals, patient portals (collectively, “Portals”), and any and all other Sightview owned properties (all of the foregoing hereinafter referred collectively or singularly to as the “Software[s]” and / or “Service[s]”). Sightview operates the sightview.com website, Sites, Systems, Communication Services, Portals, and any and all other Sightview Software and Services.   

When Sightview uses terms like “Sightview”, “we”, “our”, or “us”, Sightview means Sightview Software, LLC and its affiliates (including, but not limited to, iMedicWare, LLC, My Vision Express, LLC, Medflow EHR, LLC, Management Plus EHR, LLC, MD Office, LLC, Sightview MIPS Services, LLC, Sightview RCM, LLC, Sightview EHR Holdings, LLC, and LensOnDemand).  

This Privacy Policy ("Privacy Policy") explains what information we collect from or about you, how we collect it, how we use it, who we share it with, and your choices related to your information. 

This page also informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data. 

We use your data to provide and improve the Software and Service. By using the Software and Service, you agree to the collection and use of information in accordance with this Privacy Policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from sightview.com  

For certain information provided to us through the Software and Services, Sightview has entered into agreements with its clients (healthcare provider or their firms, [“Providers”] that govern our use of such information (the “Transaction Documents”).  This Privacy Policy supplements the Transaction Documents.  To be clear, if you are a patient of a Provider, a visitor to one of our Sites, or otherwise accessing or interacting with any of the Services but are not doing so as a customer of ours under a Transaction Document, you are a user but not a customer of the Services (i.e., not a Provider), and some of the terms of this Privacy Policy won't apply to you.  Additionally, if you are a patient of a Provider, this Privacy Policy does not govern our use of Protected Health Information (as defined below) provided to us through the Software and Services.  Our use of such information is governed by the Transaction Documents with your Provider and applicable law, including without limitation HIPAA (as defined below). Your Provider's collection, use, disclosure, and transfer of such information is governed, in turn, by your Provider's terms and conditions and privacy practices between you and your Provider. Please submit all requests and questions related to your Protected Health Information directly to your Provider. 

By using the Software and Services, you are consenting to our collection, use, disclosure, and transfer of your Information and Usage Data as described in this Privacy Policy. This Privacy Policy is not a contract and does not create any contractual rights or obligations. Your use of the Services is governed by our Terms of Use. 

2.0 What Information We Collect

When you access and use the Services, we may collect the following types of information (hereinafter collectively, “Information”) from you: 

2.1 "Personal Information" is information that can be used to identify, contact, or locate you or that relates to you. Examples of Personal Information include your name, address, email address, telephone number, device information, employer, medical specialty, profession, biometric information such as your voice print and recordings, financial information, and practice and business information, including your communications history with us. Personal Information includes Location Information and may include Usage Data. In this Privacy Policy, we do not include Protected Health Information in the definition of "Personal Information" because, as mentioned above, Protected Health Information has different treatment under HIPAA and other applicable laws. Accordingly, it is handled differently under the Transaction Documents and, if you are a patient, your Protected Health Information is subject to your Provider's terms of service and privacy practices.
 
2.2 "Location Information" is a type of Personal Information that can be used to locate the device you use to access the Services. Location Information includes (i) the location of the device derived from GPS or Wi-Fi use, (ii) the IP address of the device or internet service used to access the Services, and (iii) any other information you or others make available that indicates your current or prior location.
 
2.3 "Usage Data" is information that we automatically collect about your use of the Services and your device, such as your IP address; your device's MAC address, web browser, operating system, device model and manufacturer; performance issues; or your activity on the Software and Services. Usage Data is generally not Personal Information, but may be in some instances.
 
2.4 "Protected Health Information" is individually identifiable health information that is protected by the Health Insurance Portability and Accountability Act of1996 and its implementing regulations ("HIPAA"). See the definition of Personal Information above for more information on the treatment of Protected Health Information. 
 

3.0 How We Collect Your Information

3.1 We collect the Information you give to us, such as when you: 
    1. Contact us (e.g., to request a demo or support);
    2. Register with, apply for, access, or use the Services, including when you submit information on the Services;
    3. Visit our offices;
    4. Apply for employment; or,
    5. Register for or attend webinars, conferences, or other events.
3.2 We automatically collect some Information when you use the Software and Services, such as Usage Data and when you enable the location services on your device when using the Software and Services. With your consent, we may also collect Information from certain native applications on your device (such as your device's camera and photo album) to facilitate your use of certain features of the Services. You have the opportunity to grant or deny the App access to your photo album and other native applications. If you do not want us to collect Location Information from your device, please disable the location setting(s) on your device or, if you are using an App, delete the App. Please note that disabling the location setting on your device may affect certain features of the Services. 
 
3.3 We may also obtain Information about you from other sources, including the Internet and other publicly-available sources and databases, data aggregators, marketing companies, and other third parties. For example, if you are on a third-party website and request information from us, that website will send us your contact information. We may combine this information with the information you give us to help us tailor our communications or improve the Services.
 
3.4 You are not required to provide us with any Personal Information that we request from you. However, failure to provide such information may limit what we are able to do for you. For example, refusing to provide your email address may prevent us from providing you with important information about our Services. 

4.0 How We Use Your Information

4.1 We may use your Information for the following purposes: 
    1. Provide You the Software and Services and Fulfill Your Requests. We may use your Information to verify your identity, register you, underwrite you as part of your application for payment processing services, administer your account, consider you for employment, or provide you the information, products, and services that you request. For example, we provide demos of the Services when you request them, respond to your questions when you contact us, assist with problems you report about the Services, or, if you visit one of our locations, we collect your name and other identifying information for purposes of security and visitor management.
    2. Provide Software and Services to Our Providers. If you are a patient of a Provider, we use your Information when providing the Software and Services to the Provider.
    3. Communicate with You. We may use your Information to try to identify if you may be interested in any of the Software and Services or our business partners' products and services. If we think something may interest you, we may send you information and promotional materials. You may unsubscribe from receiving marketing emails from us by or using the unsubscribe link included in marketing emails.
    4. Enhance Your Experience. We use your Information to personalize and enhance your experience when you use the Software and Services, such as tailoring content and advertising and remembering your preferences.
    5. Improve the Services. Your Information helps us improve the content and functionality of the Software and Services. For example, we may (i) use our users' demographics, interests, or behaviors to create new features and content, (ii) recreate or replay a user session to improve the user experience and to support the Services, or (iii) use your Information if there is a Software or Service performance issue.
    6. In the Event of a Business Transaction: lf we are exploring or go through a business transition or financial transaction, such as a merger, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy, securities offering, or sale of all or a portion of our assets, we may use your Information in connection with exploring or concluding such transaction.
    7. For Legal Purposes: We will use your Information when we think it is necessary to investigate or prevent actual or expected fraud, criminal activity, injury or damage to us or others; when otherwise required by law, regulation, subpoena, court order, warrant or similar legal process; or if necessary to assert or protect our rights or assets.
    8. Sharing of Information. We may share your Information internally and with third parties as further described in the How We Share Your Information section of this Privacy Policy.
4.2 We may link Usage Data to the Personal Information we have collected about you. If we link this Usage Data to your Personal Information, we will treat such linked Usage Data as Personal Information.
 
4.3 We may also de-identify your Information or aggregate your information with other users of the Services ("De-Identified Information"). This De-Identified Information is not Personal Information because it cannot be used to identify you, and may be used by us for any lawful purpose.
 
4.4 Additionally, we may use your Information for any other reason we tell you: 
    1. when we collect it;
    2. in a Transaction Document; or,
    3. in an authorization or consent.

5.0 Data Collection Technologies

5.1 We and our vendors use cookies, pixel tags, log files, and other technologies (collectively, "Data Collection Technologies") to help us provide the Software and Services, tailor our content, identify which Software and Services may interest you and inform you about such Software and Services, and enhance your online experience. The Data Collection Technologies include: 
    1. Cookies. A cookie is a small file placed on your computer's hard drive that collects and stores information about your equipment, preferences and browsing patterns. We use cookies to analyze web page traffic and usage patterns, and to tailor the Software and Services to your individual interests. For more information about the cookies used on our Sites, please review our Cookie Notice.
    2. Web Beacons. A web beacon (also referred to as clear gif, pixel tag or single-pixel gif) is a transparent graphic image used in tandem with cookies that enables us, our vendors, and our other business partners to record a user's actions. We use web beacons to count and track users who have visited those pages, verify system and server integrity, for advertising, and for other statistical measures.
    3. User Experience and Support Products. We use third-party products that track and recreate or replay user experiences using the Software and Services. We use these products to improve the Software and Services and to provide support for the Software and Services.
    4. Analytics. We use third-party analytics products (“Analytics”) to help us understand how users engage with the Software and Services. These Analytics uses cookies to track your interactions with the Software and Services, then collects that information and reports it to us, without individually identifying users. This information helps us improve the Software and Services so that we can better serve users like you.
5.2 You can set your Internet browser settings to stop accepting new cookies, to receive notice when you receive a new cookie, to disable existing cookies, or to omit images (which will disable any pixel tags that may be included in them). Note that the opt-out will apply only to the browser that you are using when you elect to opt out of cookies. Please note, without cookies or pixel tags, you may not be able to take full advantage of all features of the Software and Services.
 
5.3 Some web browsers incorporate a "Do Not Track" feature ("DNT") that signals to the websites that you visit that you do not want to have your online activity tracked. Many websites and applications, including the Software and Services, may not respond to web browser DNT signals. For more information about DNT signals, please visit allaboutdnt.com. 
 

6.0 How We Share Your Information

6.1 We may share your Information for the reasons we tell you when we collect it, in a Transaction Document, or in an authorization or consent; or we may share your Information in the following ways: 
    1. At Your Direction: We may share your Information with third parties when you direct us to. For example, if you request that we share your Information with one of our business partners to take advantage of a feature that partner offers, we will share your Information with that business partner.
    2. Internally: We may share your Information internally (e.g., with our affiliates) in order to provide you the Software and Services, to provide the Software and Services to the Providers, to offer you or the Providers other Software and Services, and to improve our Software and Services or develop new ones.
    3. With Our Customers: We may share your Information with our customers when we provide the Services. For example, if you are a patient using the Software and Services, we will provide your Information to your Providers. If you post information to our "user forums" available on our Sites, any information you provide may be read, collected, and used by other customers or third parties that have access to the forum.
    4. With Our Service Providers or Contractors: We may share your Information with our service providers or contractors (including third-party hosting providers) that we use to provide the Services or that provide services to us, such as for online account access, email marketing, advertising, promotions, newsletters, notices and other communications, or that assist us in monitoring, improving, and hosting the Software and Services. Such service providers or contractors may contact you regarding their products and services.
    5. With Business Partners: We may share your Information with our business partners in order to offer or provide you with the Software and Services or our business partners' products and services, to identify if you may be interested in any of the Software and Services or our business partners' products and services, or to improve or develop new Services or business partners' products or services. Our business partners may contact you regarding their products or services.
    6. In the Event of a Business Transaction or Audit: lf we are exploring or go through a business transition, audit, or financial transaction, such as a merger, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy, securities offering, or sale of all or a portion of our assets, we may disclose your Information to a party or parties in connection with exploring or concluding such audit and / or transaction.
    7. For Legal Purposes: We will disclose your Information when we think it is necessary to investigate or prevent actual or expected fraud, criminal activity, injury or damage to us or others; when otherwise required by law, regulation, subpoena, court order, warrant or similar legal process; or if necessary to assert or protect our rights or assets.
6.2 We may share De-Identified Information in all legally permissible ways. 
 

7.0 Retention of Data

Sightview will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies. 

Sightview will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods. 

8.0 Disclosure of Data

8.1 Disclosure for Law Enforcement:  Under certain circumstances, Sightview may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
 
8.2 Legal Requirements:  Sightview may disclose your Personal Data in the good faith belief that such action is necessary to: 
    1. To comply with a legal obligation;
    2. To protect and defend the rights or property of Sightview;
    3. To prevent or investigate possible wrongdoing in connection with the Service;
    4. To protect the personal safety of users of the Service or the public; and / or
    5. To protect against legal liability.

9.0 Your Choices; Interest-Based Ads

9.1 We encourage you to communicate your preferences to us about how we use your information.
 
9.2 You may opt-out of receiving marketing communications from us by following the instructions included in such a communication.  Please allow us ten (10) business days from when the request was received to complete the removal. If you opt out, we may still send you non­ marketing communications, such as those about your account or our ongoing business relationship.
 
9.3 We may use third-party service providers to serve advertisements on our behalf across the Internet. These advertising service providers may collect (through the use of Data Collection Technologies) information about your visits to and interactions with the  Software and Services.  In addition to the information about your visits to our Site, our service providers may also use the information about your visits to other websites to target advertisements for products and services available from us. 
 
9.4 Some features of our Apps may require access to certain native applications on your mobile device, such as the camera and photo storage applications (e.g., to take and upload photos and videos). If you decide to use these features, we will ask you for your consent prior to accessing the applications and collecting information. Note that you can revoke your consent at any time by changing the settings on your device.
 
9.5 Depending on your device settings, we may send promotional and non­ promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device or within our Apps.
 
9.6 Residents of certain states may have additional Personal Information rights and choices.  Please see Section 10 for more details. 
 

10.0 U.S. State Privacy Rights

If you are an eligible resident of California, Colorado, Delaware, New Jersey, or Oregon, please see Sightview’s U.S. State Privacy Law Supplement for more information on your rights. The U.S. State Privacy Law Supplement supplements, but does not replace, this Privacy Policy. 

11.0 Biometric Data 

11.1 If you are a medical provider and use your device microphone to record your voice in connection with the Software and Systems, your recording and voiceprint may be collected by the Software and Services or other third parties as described in the Transaction Documents.  Your voiceprint may be used to transcribe text for a patient’s medical record, to improve the dictation feature, or other purposes described in the Transaction Documents and the Software and Services.
 
11.2 Your voiceprint is biometric data under certain laws governing the collection, use, storage, and disclosure of biometric data. By using the microphone or other recording feature, you acknowledge that you have been advised of, and understand that, your biometric data may be collected, used, stored, and disclosed for the purposes described in this Privacy Policy or as otherwise described in the Transaction Documents and Services. Use of your voice recording and biometric data by your medical practice and the dictation service provider is governed by the terms of service and privacy policies of those third parties. 
 

12.0 Children’s Information and Privacy

As described in our Terms of Use, we prohibit users under 13 from using the Software and Services. As such, we do not expect to collect information, including personal information as defined by the Children's Online Privacy Protection Act, from children under the age of 13. If you are a parent or guardian of a child under the age ofl3 and believe he or she has disclosed personal information to us, you may contact us at SightviewMatters@Sightview.com to request that we delete and stop use of that information.  If we learn that we have received any information directly from a child under age 13 without first receiving his or her parent's verified consent, we will use that information only to respond directly to that child (or his or her parent or legal guardian) to inform the child that he or she cannot use the Software and Services. We will then subsequently delete that child's information. 

13.0 Links to Other Sites

The Software and Services may contain links to other sites and other products and services that are not owned or controlled by us. This Privacy Policy does not apply to information collected by any third party, including through any application or content (including advertising) that may link to, be embedded on, or otherwise accessible from or on our other Software and Services. We encourage you to be aware when you leave our Sites or other Software and Services. We encourage you to review the privacy policies of each and every third-party website that collects Personal information as their privacy policy may differ from ours. 

14.0 Protection of Your Information

The security of Personal Information is important to us. We use reasonable safeguards aimed to protect against unauthorized use, disclosure, alteration or destruction of the Personal Information we collect and maintain. Although we strive to protect your Personal Information, we can't guarantee the security of any information you transmit to or from the Services or that unauthorized use, disclosure, alteration, or destruction or some other data breach will not occur. Please keep in mind, however, that no data transmitted over the Internet is 100% secure and any information disclosed online can potentially be collected and used by parties other than the intended recipient. 

14.1 Special Note on Restriction Requests on Types of Health Information in Health Summary Document by Patient or Authorized Patient Representative:  Your physician reserves the right to decide whether to honor or decline a restriction request.  Requests for restrictions that do not comply with HIPAA regulations will not be processed.  Additionally, certain data elements are necessary to meet the technical and regulatory requirements of the health care summary.  Restriction requests that include these necessary data elements may be declined in the interest of standard compliance and/or safe data exchange. 
 

15.0 Note to International Visitors

The Software and Services are intended for use only in the United States of America. If you use the Software and Services or contact us from outside of the United States of America, please be advised that: 

15.1 any Information you provide to us or that we automatically collect will be transferred to the United States of America; and; 
 
15.2 by using the Services or submitting Information, you explicitly authorize its transfer to and subsequent processing in the United States of America in accordance with this Privacy Policy. 
 

16.0 Legal Basis for Processing Personal Data under the General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), Sightview’s legal basis for collecting and using the Personal Information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it. 

16.1 Sightview may process your Personal Data because: 
    1. We need to perform a contract with you
    2. You have given us permission to do so
    3. The processing is in our legitimate interests and it is not overridden by your rights; and / or,
    4. To comply with the law.
16.2 Your Data Protection Rights under the General Data Protection Regulation (GDPR):  If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Sightview aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data. If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us. 

In certain circumstances, you have the following data protection rights: 

    1. The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
    2. The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
    3. The right to object. You have the right to object to our processing of your Personal Data.
    4. The right of restriction. You have the right to request that we restrict the processing of your personal information.
    5. The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
    6. The right to withdraw consent. You also have the right to withdraw your consent at any time where Sightview relied on your consent to process your personal information.

Please note that we will ask you to verify your identity before responding to such requests. 

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA). 

17.0 Changes to This Privacy Policy 

We reserve the right to amend this Privacy Policy at any time and for any reason, in our sole discretion. Unless we say otherwise, changes will be effective upon the last updated date at the top of this Privacy Policy. Please check this Privacy Policy regularly to ensure that you are aware of any changes. We may try to notify you of material changes to this Privacy Policy, which if we do so may be by means such as by posting a notice directly on the Software and Services, by sending an email notification (if you have provided your email address to us), or by other reasonable methods. In any event, your use of the Software and Services after changes to this Privacy Policy means you have accepted the changes. If you do not agree with the changes, immediately stop using the Software and Services. 

18.0 Contacting Us

If you have any questions or comments about this Privacy Policy, please contact by either: 

18.1 Calling:  (919) 205-5907
 
 
18.3 Writing: 555 South Mangum Street, STE 100, Durham, NC  27701