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EqualityMD, Inc.: Member Agreement

Protected Health Information

When you set up an account with equalityMD, you are creating a direct customer relationship with equalityMD that enables you to access and/or utilize the various functions of the Website.  As part of that relationship, you provide information to equalityMD, including but not limited to, your name, email address, shipping address, phone number and certain transactional information, that we do not consider to be "protected health information" or "medical information".
However, in using certain components of the Website, you may also provide certain health or medical information that may be protected under applicable laws.  EqualityMD is not a "covered entity" under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments (collectively "HIPAA").  One or more of the medical groups that work with equalityMD may or may not be a "covered entity" or "business associate" under HIPAA, and equalityMD may in some cases be a "business associate" of a pharmacy or medical group.  It is important to note that HIPAA does not necessarily apply to an entity or person simply because there is health information involved, and HIPAA may not apply to your transactions or communications with equalityMD or equalityMD’s business associates.  To the extent equalityMD is deemed a "business associate" however, and solely in its role as a business associate, equalityMD, may be subject to certain provisions of HIPAA with respect to "protected health information," as defined under HIPAA, that you provide to equalityMD ("PHI").  In addition, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI, "Protected Information"), will be used and disclosed only in accordance with such applicable laws.  However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under this Privacy Policy.  Protected Information does not include information that has been de-identified in accordance with applicable laws.
The medical groups that work with equalityMD have adopted their own privacy practices and privacy policies.  We recommend that you view the privacy policy posted on each medical group website that you use to confirm that the site’s policies are acceptable to you.  
By accessing or using any part of the Website, you are agreeing that even if HIPAA does apply to equalityMD and the medical groups that work with equalityMD, any information that you submit to equalityMD that is not intended and used solely for the provision of diagnosis and treatment by the medical groups is not considered Protected Information, and will only be subject to our Privacy Policy and any applicable state laws that govern the privacy and security of such information. For purposes of clarity, information you provide to equalityMD in order to register and set up an account on the Website, including name, username, email address, shipping address, and phone number, are not considered Protected Information.

Collection of Information

We collect any information you provide when you use the Website, including, but not limited to:
  • Personally identifying information such as your name and contact data such as your e-mail address, phone number, and billing and physical addresses
  • Your login and password and other account (" Account") registration details
  • Demographic data (such as your gender, date of birth and zip code)
  • Computer, mobile device and/or browser information (e.g., IP address, mobile device ID information, operating system, connection speed, bandwidth, browser type, referring/exist web pages, web page requests, cookie information, hardware attributes, software attributes)
  • Third-party website, network, platform, server and/or application information (e.g., Facebook, Twitter, Instagram)
  • Usage activity concerning your interactions with the Service and/or third-party websites, networks or applications accessed through the Service (e.g., viewing habits, viewing preferences, viewing history, number of clicks on a page or feature, amount of time spent on a page or feature, identify of third-party websites, networks, etc.)
  • Billing, payment and shipping information
  • Electronic signature
  • Photographic or video images submitted for identification or non-diagnosis or treatment purposes, including photographs of your driver’s license or passport
  • Information about third parties that you refer to us (e.g., name, email, and/or other contact information, relationship)
  • Statements or content (e.g., comments, videos, photographs, images) and information about such statements or content, which you submit or publish on or through the Service or which are accessed via your public or linked social media pages (e.g., Facebook, Twitter, Instagram)
  • Any other information you provide when you contact or communicate with us
  • If you use your mobile device to visit, access or use the Website, then additional categories of information that we collect may include
  • Your name associated with your mobile device
  • Your telephone number associated with your mobile device
  • Your geolocation
  • Your mobile device ID information
  • With your express consent, your contacts and/or contact information (e.g., names, telephone numbers, physical addresses, email addresses, photos) stored on your mobile device
  • With your express consent, information about third-party software applications on your mobile device (including, without limitation, general software apps, downloadable software apps, social media apps)

We also collect certain medical information on behalf of the medical groups that work with equalityMD, which may include, but is not limited to:
  • Health and medical data you submit for diagnosis or treatment purposes, including information in any questionnaires or surveys you complete for these purposes
  • Previous doctors or other healthcare providers you visited
  • Date of visit
  • Images or videos you share for diagnosis or treatment purposes
  • Communications with Providers

EqualityMD does not collect or create biometric information about you.  To use the Website, however, we may be required to verify your identity. If you are asked to submit proof of identity (such as a driver’s license or passport) we may share that and the selfie you shared with us with our identity verification partner, who may create biometric information about your face in order to verify that your selfie matches your proof of identity.  Biometric information is not shared with equalityMD and is deleted by our identity verification partner after completing the identity verification.  EqualityMD may receive information extracted from your photos, such as information from your driver’s license and the confidence that there is a “match” between your two photos.  We use this information to help verify your identity.
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