Last Updated: February 7, 2023
Personal information means any data relating to an individual who can be identified, directly or indirectly, based on that information. This may include information such as names, contact details, (online) identification data, online identifiers, or other characteristics specific to that individual.
This Privacy Notice applies when you visit our websites (including but not limited to our websites hosted on avomd.io, avomd.com, live.avomd.io, and build.avomd.io), solutions (including but not limited to the AvoMD app on Android, iPhone and the web, as well as AvoMD as available through the Electronic Health record, including Epic, Cerner, Athena and other EHRs) and other services, including events, that refer or display a link to this notice (“Services”). This Privacy Notice may be supplemented or replaced by additional privacy statements or terms provided to you.
WHO WE ARE
AvoMD is a global organization focused on enhancing clinical decision-making.
WHAT PERSONAL INFORMATION DO WE COLLECT?
We are committed to safeguarding the personal information of our customers, users, employees and other stakeholders, while helping our customers, employees, investors, and society create a deeper impact and make the right decisions.
If you wish to contact us in relation to questions on your personal information you may reach us at email@example.com.
In the case when AvoMD provides clinical guidelines and pathways as actionable decision support (each transformed guideline or pathway being an “Algo”) and provides such Algos to you, the clinician user, AvoMD collects Algo usage information such as daily/weekly/active monthly usage, what clinicians clicked, the clinician's name and national provider identifier, the clinician's email, the clinician's specialty (e.g., primary care, nephrology, etc.), geography (city, state, and country/region) and institutional affiliations (the “Algo Usage Information”). If you are a clinician that uses our Algo, AvoMD will collect your Algo Usage Information. AvoMD may sell your Algo Usage Information to third parties, including but not limited to, life sciences companies for monetary or other valuable consideration and/or commercialize your Algo Usage Information for monetary or other valuable consideration.
In the case when AvoMD transforms clinical guidelines and pathways into actionable decision support (each transformed guideline or pathway being an “Algo”) and provides such Algos to AvoMD’s customer pursuant to a services agreement between AvoMD and the customer, AvoMD collects Algo usage information such as daily/weekly/active monthly usage, what clinicians clicked, the clinician's name and national provider identifier, the clinician's email, the clinician's specialty (e.g., primary care, nephrology, etc.), geography (city, state, and country/region) and institutional affiliations (the “Algo Usage Information”). If you are a clinician that uses our Algo, AvoMD will collect your Algo Usage Information. AvoMD may provide your Algo Usage Information to the customer, or sell your Algo Usage Information to third parties, including but not limited to, life sciences companies for monetary or other valuable consideration and/or commercialize your Algo Usage Information for monetary or other valuable consideration.
The following types of personal information may be collected, as well:
Name and contact details, such as, first and last name, email address, postal address, telephone number
Work-related information, such as, job title and other employment or education information
Account Credentials, such as, passwords and other security information for authentication and access
Financial Information, such as, bank account, credit and debit card numbers for processing of payments
Behavioral information about how you navigate within our Services and which elements of our Services you use the most and information regarding order choices, note generation and more.
Computer, device and connection information, such as, IP address, browser type and version and location
In the case when AvoMD integrates with certain electronic health record ("EHR") record systems, AvoMD may process certain lab values, vitals, and/or other clinical data for the purposes of automating and increasing the accuracy of a certain clinical decision.
If you are under 13 years of age, please do not use or access the Services. AvoMD does not knowingly collect or maintain personal information (as defined by the United States Children’s Online Privacy Protection Act) from persons under 13 years of age. If AvoMD learns that personal information of persons under 13 has been collected on or through the Services, we will take appropriate steps to delete this information.
HOW WE COLLECT PERSONAL INFORMATION
We and our third-party service providers may collect personal information from the following sources:
Direct Interactions, such as, when you register for our Services.
Data from Third Parties, such as information on third-party websites, EHR vendors, or other information you may have made publicly available or information provided by third party sources, including but not limited to government entities and data resellers.
Customer-provided information, such as a list of users provided by a health system customer.
Automated Tracking Technologies, such as, information automatically collected about your interaction with our Services and websites using various technologies such as cookies, web logs and beacons and internet tags.
HOW WE USE AND SHARE YOUR PERSONAL INFORMATION
We may use your personal information for the following purposes:
Administering our relationship with you and our business, such as providing and managing your access to and use of our Services. This processing is necessary for the performance of a contract;
Improving our Services and developing new products, such as inviting you to participate in surveys or to personalize your experience with our Services. This processing is necessary for the purposes of our legitimate interests;
Marketing, such as providing you with marketing or advertising communications that we think you may be interested in. This processing is with your given consent or for our legitimate interests;
Recruiting, such as assessing job applicants. This processing is in order to take steps prior to entering into a contract or with your given consent;
Other general business support purposes, including but not limited to, procurement, financial and fiscal management, risk and compliance management, and external reporting. This processing is necessary for compliance with a legal obligation to which we are subject or that is otherwise lawful under applicable data protection laws or for our legitimate interests.
To be able to provide you the best possible Services and further our business operations, we may share certain information internally or with selected third parties. There might also be a certain statutory or legal obligation that we believe in good faith requires us to disclose your personal information externally. Parties we might share data with include:
other AvoMD affiliates or subsidiaries, e.g. for providing underpinning technology to support the Services we are delivering;
our service providers, e.g. for managing or hosting services and/or underpinning technology for the Services we are providing;
our business partners, to the extent you have purchased or expressed interest in, a product or service of such business partner, interacted with them or otherwise authorized the sharing of your personal information with such business partner;
our commercial clients, which may include hospitals and life sciences companies. These companies use AvoMD's marketing solutions to fund and distribute relevant clinical guidelines from trusted third-party sources. They use these solutions to present information to users that may be interested in their opportunities, including in the areas of clinical trials, innovative therapies, and other clinical solutions. If your employer or another third party purchases a paid Service from AvoMD for your use and you elect to use that Service, this third party will have the right to control access to and obtain information about your use of the paid Service.
AvoMD may provide your Personal Information, including Algo Usage Information to our customers, or sell your Algo Usage Information to third parties, including but not limited to, life sciences companies for monetary or other valuable consideration and/or commercialize your Algo Usage Information for monetary or other valuable consideration.
subscribing, accrediting or professional organizations, e.g. for providing utilization information to organizations that provide you with access to our Services and/or sharing tracking and redeeming credits for professional accreditation;
organizations involved in business transfers, e.g. to a purchaser or successor entity in the event of a sale or any other corporate transaction involving some or all of our business;
other parties, e.g. as needed for external audit, compliance, risk management, corporate development and/or corporate governance related matters; or
governmental authorities and regulators, as required under applicable law.
HOW LONG WE KEEP YOUR PERSONAL INFORMATION
Your personal information will be processed to the extent necessary for the performance of our obligations, and for the time necessary to achieve the purposes for which the information is collected, in accordance with our data retention policies and applicable data protection laws. When we no longer need your personal information, we will take all reasonable steps to remove it from our systems and records or take steps to properly anonymize it so that you can no longer be identified from it. When patient-related clinical data are collected to assist in clinical decision-making, including data collected via EHR integrations, this data is only processed in real-time and is not stored or saved after the processing has occurred. Patient clinical data is not stored, saved nor sold.
HOW WE PROTECT YOUR PERSONAL INFORMATION
We have put in place an internal framework of policies and minimum standards across all our businesses to keep your data safe. In addition, we limit access to personal information by our employees, business partners, service providers and third-party service providers to a ‘need-to-know’ basis, as outlined above. More specifically and in accordance with the law, we take appropriate technical and organizational measures (policies and procedures, IT security, and others) to ensure the confidentiality and integrity of your personal information and the way it is processed.
WHAT ARE YOUR RIGHTS
We will honor your rights under applicable laws. To the extent provided under your local data protection laws, your rights include the following:
Right of access (‘an overview of your personal information’): the right to get an overview of your personal information that we process.
Right to rectification (‘correct your personal information’): if your personal information is inaccurate or incomplete, the right to ask us to rectify or complete your personal information.
Right to erasure (‘right to be forgotten’): the right to request that we delete your personal information to the extent permitted by applicable law. In certain circumstances, it may not be possible for us to accept your request, for example, when the processing is necessary to comply with a legal obligation, or if processing is necessary for the performance of a contract. In some cases, your personal information is necessary in order to provide the Services and if you do not provide such information to us then you may be precluded from accessing and using the Services or using certain Services features.
Right to data portability (‘transfer your personal information’): the right to ask us to transfer your personal information directly to you. This applies to certain personal information if processed by automated means and with your consent or based on a contract you have with us. On your request, and where technically feasible, we will transfer your personal information to another party of your choice.
Right to restrict processing: the right to request that we restrict or stop the processing of your personal information held by us for a certain period of time, or for an indefinite period. In certain circumstances, it may not be possible for us to accept your request, for example, when the processing is necessary to comply with a legal obligation, or if we can demonstrate compelling legitimate grounds otherwise.
Right to object: the right to object to the processing of your personal information. The reasons for objection should relate to your particular situation, and be related to a processing based on the legitimate interest condition. We will then no longer process the personal information, unless we can demonstrate compelling reasons otherwise. In certain circumstances you have the unconditional right to object; for instance, in the context of direct marketing activities.
Withdrawal of Consent: the right to withdraw your consent to the processing of your personal information at any time; for instance, after you consented to keeping you informed about our Services, you have the right to withdraw this consent at any time.
To exercise your rights and/or for any other questions about the handling of your personal information, please email us at firstname.lastname@example.org
If you feel we are unresponsive or disagree with our data privacy practices, you can also file a complaint with your national Data Protection Authority.
DO NOT TRACK
We currently do not change our tracking practices in response to “do not track” settings in your browser. We may have our third-party partners, including web analytics companies, collect information about your online activities over time and across the Services. These third parties may not change their tracking practices in response to DNT settings in your browser.
NOTICE TO CALIFORNIA RESIDENTS
California Civil Code Section § 1798.83 permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to email@example.com.
NOTICE TO NEVADA RESIDENTS
If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties. You can exercise this right by contacting us at firstname.lastname@example.org with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A.
IMPORTANT NOTICE TO ALL NON-U.S. RESIDENTS
Our Services and its servers are located in the United States. Please be aware that your information, including your personal information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use our Services, you consent to any transfer and processing of your personal information in accordance with this Privacy Notice and you do so at your own risk.
DMD Healthcare Communications Network Participation Disclosure
This website is a member of the DMD Healthcare Communications Network (the “HCN”). HCN is owned and managed by DMD Marketing Corp (“DMD”) and is designed to enable DMD and HCN members to provide medically relevant business communications to authenticated health care professionals.
HOW YOU CAN CONTACT US
If you have any questions about how we process your personal information or if you want to exercise one of your rights, you can contact us as follows:
By email to: email@example.com; or
By telephone to: +1 631-786-3867
If you feel we are unresponsive or disagree with our data privacy practices, you can also file a complaint with your national Data Protection Authority.
In response to a request, we might ask you to verify your identity if needed, and to provide information that helps us to understand your request better. If we do not grant your request, whether in whole or in part, we will explain why.
LINKS TO OTHER WEBSITES
Our websites, solutions and services may contain links to other third-party websites, which may have privacy notices that differ from ours. We are not responsible for the collection, processing or disclosure of personal information collected through other websites.
We are also not responsible for any information or content contained on such websites. Links to other websites are provided solely for convenience. Your usage and browsing on any such website is subject to that website’s own policies. Please review the privacy notices posted on other websites that you may access through our website.
AvoMD may provide you with additional or different privacy notices in specific instances on how your personal information is collected and used for a specific Service.
UPDATES TO THIS NOTICE
This Privacy Notice is effective as of the date stated at the top of this Privacy Notice. From time to time we may update this Privacy Notice and will post any changes on the Services as soon as they go into effect. By visiting our websites, and/or accessing and/or using our Services after we make any such changes to this Privacy Notice, you are deemed to have accepted such changes. Please refer back to this Privacy Notice on a regular basis.