Privacy Policy for ActaStim Sync Mobile Application

Last updated January 27, 2021

Thank you for choosing to be part of our community at Theragen Inc. (“Company”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at help@actastim.com.

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us.
We provide user account access so that you can gain access to online service applications and health tools where it is important for us to know who you are.
We may use ‘cookies’ to help us improve this Application by tracking your navigation habits and to store some of your preferences. A cookie is a small file created by a website or application to store information on your device. Cookies do not allow websites or applications to gain access to other information your device. Once a cookie is created on your device, generally only the website or application that created it can read it.
An internet protocol (IP) address is a number that automatically identifies the device you are using to access the internet. The IP address enables our server to send you the site page you want to visit or the data you want to view. The IP address may disclose the server owned by your Internet Service Provider. We use your IP address to help diagnose problems with our server and to support our administration of this application.
We collect a unique identifier for your mobile device as part of the bluetooth pairing and account setup process. This is to ensure that your data is only retrievable on your device.

2. HOW WILL INFORMATION BE USED?

Any personal information you provide is used for the purpose for which you provide it. For example, your date of birth is collected during the onboarding process in order to verify your account and ensure that you have been prescribed the ActaStim-S device that you are using.
We may also gather quantitative user information, such as the number of users, and the pages or data accessed, in order to perform administrative, technical, hosting or other functions that help us manage our Application and deliver new functionality to you. We do not sell, license, transmit or disclose personal information that you provide to us to third parties except with the following exceptions:
  • Upon your authorization
  • When such disclosure is necessary to allow us and our contractros or agents to carry out treatment, payment or health operations
  • When required or permitted by law.

3. THIRD PARTIES

We may work with third party service providers who place third party persistent cookies, web beacons, or similar technologies to collect anonymous information about the use of our Applications. They are not permitted to collect any personal information, and this information will be solely used for web usage analysis for a better understanding of how you use our Application, and/or to customize our content.

4. WHAT IF I DON’T WANT INFORMATION ABOUT ME TO BE COLLECTED?

Providing personal information through this Application is optional. Personally identifiable information will not be collected from you without your knowledge and approval.

5. USE OF EMAIL

We may provide email links to further facilitate communication for our patients and caregivers. Information collected through email may be shared with our patient care and billing departments, or other associates, or third parties that perform services on our behalf. Unless otherwise noted, email through our Application is not a completely secure and confidential means of communication. Non-encrypted email may be accessed and viewed by other inter users without your knowledge and permission while in transit to us.
Also, if you request that we email information about you to someone using the email capabilities in this Application, that email may not be completely secure. Please verify email addresses carefully before submitting such a request.

6. HIPAA Notice of Privacy Practices

This notice describes how medical information about you may be used and disclosed and how you can get access to this information. Please review it carefully.

Our Responsibilities

  • We are required by law to maintain the privacy and security of your protected health information (PHI) and to provide you with a notice of our legal duties and privacy practices with respect to protected health information. This notice of Privacy Practices describes how we may use and disclose your protected health information to carry out treatment, payment or health care operations and for other specified purposes that are permitted or required by law.
  • The Notice also describes your rights with respect to your protected health information. “Protected health information” is information about you, including basic demographic information, that may identify you and that relates to your past, present or future physical or mental health or condition, and related health care services.
  • We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.
  • We must follow the duties and privacy practices described in this notice and give you a copy of it.
  • We will not use or share your information other than as described in the Notice unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.
  • We reserve the right to change our practices and this Notice, and to make the new Notice effective for all protected health information we maintain. The new notice and effective date will be available on our website. Upon your request, we will provide you with a revised notice.

Our Uses and Disclosures

How do we typically use or share your health information?

We typically use or share your health information in the following ways.
Treat YouWe can use your health information and share it with other professionals who are treating you
Example: Information obtained by our representative will be recorded in your record and used to determine suitability for the product, fitting and to provide instruction regarding appropriate use of the product.  We may also disclose PHI to doctors, nurses or other personnel outside our office who need the information to provide you with medical care.
Run our organizationWe can use and share your health information to run our business, improve your care, and contact you when necessary.
Example:  We use health information about you for operational purposes.  These uses and disclosures are necessary to make sure that patients receive quality products and services and to manage our organization.  
Bill for your services We can use and share your health information to bill and receive payment from health plans or other entities providing treatment and services.
Example: We provide information about you as well as your diagnosis and product supplied to your health insurance plan so it will pay for your services.
Sale of the Business If we decide to sell, transfer or merge all or part of our business to or with another entity, we may share your PHI with the new owners.

How else can we use or share your health information?

We are allowed or required to share your information in other ways – usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes.
Help with public health and safety issues
  • We can share health information about you for certain situations such as:
  • Preventing disease
  • Helping with product recalls
  • Monitoring the performance of a product after it has been approved for use by the general public
  • Reporting adverse events
  • Reporting suspected abuse, neglect, or domestic violence
  • Preventing or reducing a serious threat to anyone’s health or safety
Do research We can use or share your information for health research.
Comply with the law We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law
Work with a medical examiner or funeral director We can share health information with a coroner, medical examiner, or funeral director when an individual dies.
Address workers’ compensation, law enforcement, and other government requests We can use or share health information about you:
  • For workers’ compensation claims
  • For law enforcement purposes or with a law enforcement official
  • With health oversight agencies for activities authorized by law
  • For special government functions such as military, national security, and presidential protective services
Respond to lawsuits and legal actions We can share health information about you in response to a court or administrative order, or in response to a subpoena.

Choices

For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, talk to us. Tell us what you want us to do, and we will follow your instructions.
In these cases, you have both the right and choice to tell us to:
  • Share information with your family, close friends, or others involved in your care
  • Share information in a disaster relief situation
If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.
In these cases we never share your information unless you give us written permission:
  • Marketing purposes
  • Sale of your information

Your rights

When it comes to your health information, you have certain rights. This section explains your rights and some of our responsibilities to help you.
Get a copy of this privacy noticeYou can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.
Ask us to limit what we use or share
  • You can ask us not to use or share certain health information for treatment, payment, or our operations. We are not required to agree to your request, and we may say “no” if it would affect your care.
  • If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer. We will say “yes” unless a law requires us to share that information.
Get an electronic or paper copy of your medical record
  • You can ask to see or get an electronic or paper copy of your medical record and other health information we have about you. Ask us how to do this.
  • We will provide a copy or a summary of your health information, usually within 30 days of your request. We may charge a reasonable, cost-based fee.
Ask us to correct your medical record
  • You can ask us to correct health information about you that you think is incorrect or incomplete. Ask us how to do this.
  • We may say “no” to your request, but we’ll tell you why in writing within 60 days.
Get a list of those with whom we’ve shared information
  • You can ask for a list (accounting) of the times we’ve shared your health information for six years prior to the date you ask, who we shared it with, and why.
  • We will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.
Request confidential communications
  • You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address.
  • You must submit this request in writing and must state how or when you would like to be contacted.
  • We will say “yes” to all reasonable requests
Ask us to limit what we use or share
  • You can ask us not to use or share certain health information for treatment, payment, or our operations. We are not required to agree to your request, and we may say “no” if it would affect your care.
  • If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer. We will say “yes” unless a law requires us to share that information.
Choose someone to act for you
  • If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.
  • We will make sure the person has this authority and can act for you before we take any action.
File a complaint if you feel your rights are violated
  • You can complain if you feel we have violated your rights by writing to:
Theragen, Inc.
11220 Assett Loop, Suite 210
Manassas VA 20109
Attention:  Compliance Officer