Outcomes App Privacy Policy and Notice of Privacy Practices 

Last Updated: August 16, 2023 

This Outcomes App Privacy Policy and Notice of Privacy Practices (hereinafter referred to as “Privacy Policy”) covers how and why we collect, use, share, and protect the health information collected within a Outcomes app and incorporate services. All health information collected from within a Outcomes App is treated as protected health information as defined by the Health Information Portability and Accountability Act (“HIPAA”). 

Outcomes Wellness, which is a term that captures the various online health and wellness offerings provided or arranged for by Outcomes, Inc. (“Outcomes,” “we,” “us” or “our”), is an online service to help organize, store, and manage information related to your care or the care of your children, parents, and loved ones, or in the case of an entity, the services and products your entity offers (the “Outcomes Wellness Services”). Outcomes Wellness Services are provided through various Outcomes mobile applications referred to as a “Outcomes App”. 

This Privacy Policy is a complementary policy to any other Outcomes privacy policies. In the event of a conflict between this Privacy Policy, another Outcomes privacy policy, this Privacy Policy will be deemed to control in all matters related to the processing of your information by a Outcomes App. Outcomes may update this Privacy Policy from time to time and will notify you of updates by reasonable means, including by posting the date of last revision through the App. 

PROFILES, MEMBERS AND CAREGIVERS 

You may be required to create a valid Outcomes Wellness user account to register with us for access to a Outcomes App. With an account, you will have the opportunity to create one or more care profiles (“Profiles”) and to add information, data, and images to your Profile(s) (“Profile Content”). A Profile may relate to your entity, or it may relate to you or to your child, parent, or other person you are caring for. 

Outcomes takes both the protection of your private health information and your ability to control and access such information very seriously. Outcomes is obligated by law to protect the information that you provide through the Outcomes Wellness Services in compliance with all applicable laws and regulations and Outcomes privacy policies. The protections we offer and describe in this Privacy Policy, as well as protections available under federal and state privacy laws, will apply to Outcomes’s collection, use and disclosure of your information. 

However, as a Member, you will have the opportunity to invite third-party caregivers (“Caregiver”) to access the Profiles that you create. Please note that these same protections generally will not apply to Caregivers or others who access your Profile Content. Once that access is granted, we do not control your Caregivers’ use or disclosure of Profile Content. If you elect to invite a Caregiver to access your Profile(s), that Caregiver will also be required to create a valid Outcomes Wellness user account and become a Member.  When we establish each Caregiver’s access to your Profile Content, Outcomes will rely solely on your direction to us, provided through your account, indicating that Caregivers are authorized to access your Profile Content due to their involvement in your health care or treatment, or payment for the same. In addition, any Caregiver that you invite to access your Profile(s) will have full access to all Profile Content within your Profile(s) as well as the ability to add, delete, distribute, download, and edit Profile Content. 

WE STRONGLY RECOMMEND THAT YOU CONSIDER CAREFULLY WHETHER TO PERMIT ANY CAREGIVER ACCESS TO YOUR PROFILES AND REGULARLY MONITOR ACCESS TO YOUR PROFILES. All Members are responsible for monitoring the Profile Content uploaded or added to their Profiles, whether uploaded by the Member, by a Caregiver, or by other third parties.  Outcomes DOES NOT ASSUME RESPONSIBILITY FOR THE ACCURACY OF PROFILE CONTENT PROVIDED BY YOU OR OTHERS, AND WE CANNOT PREVENT YOUR CAREGIVERS FROM DISCLOSING PROFILE CONTENT THAT YOU MAKE AVAILABLE TO THEM. If you no longer wish to provide Caregivers with access to your Profile, you can terminate their access by contacting the Wellness Services support team. 

If you are creating a profile on behalf of an entity or another person, you are required to accept the App’s Terms of Use and agree that you are authorized by that entity or person to create a profile on their behalf. To the extent you take action on behalf of an entity or the person you are caring for, you also attest that you have valid legal authority to take that action on their behalf. 

TYPES OF COLLECTED INFORMATION 

Based on the Outcomes App you are using, we may collect the following categories of information from you when you use the Outcomes App. All information collected from you by Outcomes shall be protected and processed in compliance with the statutory requirements and implementing regulations related to covered entities and business associates handling protected health information regulated by the HIPAA. Not all categories of information may be collected about every individual or entity. All information collected through a Outcomes App will be handled in accordance with the standards provided within this Privacy Policy and all other Outcomes privacy practices and standards. Information collected by Outcomes may include, but not be limited to: 

• Personal identifiers, such as name and address. 
• Device and online identifiers and related information, such as telephone number and email address. 

• Internet, application, and network activity, such as cookie IDs and browser visits. 
• Government identifiers, such as national identification numbers and driver’s license numbers. 
• Demographic information, such as age and date of birth. 
• Financial information, such as credit and debit card numbers and claims information. 
• Protected health information and health insurance information, such as prescription numbers, health insurance identification numbers, images of documents with health information and information derived from such documents. 

• Characteristics of protected classifications under state or federal law, such as gender and nationality. 
• Purchase history information, including healthcare products purchased from Outcomes covered entities and business associates. 
• Location information, such as geo-location information. 
• Individual preferences and characteristics, such as inferences related to shopping patterns and behaviors. 

USES AND DISCLOSURES OF INFORMATION 

Outcomes Wellness may process or share the information you provide through the Wellness Services for the following purposes without first collecting your prior explicit authorization: 

• For the purpose of facilitating the delivery or coordination of healthcare treatment – including, but not limited to, the dispensing of prescription services or medications and for purposes of facilitating effective treatment by health care providers involved in your treatment or care. 
• For the purposes of facilitating the payment of healthcare services – including facilitating eligibility checks with state Medicare or Medicaid programs. 
• For the effective management of health care operations of Outcomes business associates, and other covered entities with which you have a treatment relationship. 
• To communicate with you about products and services related to your healthcare treatment – including, but not limited to, appointment reminders, preventative care information, medication therapy management services, general medication, adherence, and refill messages and/or alternative treatments. 

• To enable Caregivers to effectively manage or be involved in your care and/or payment for your care. We may disclose your information to a caregiver or other authorized representative identified by you if we reasonably infer from their interactions with you through the Wellness Services that the disclosure is appropriate to facilitate your care and/or use of the Wellness Services. 
• We will disclose information related to your use of an App if required by federal, state or local law. 
• We will disclose information if necessary to avert a service threat to the health or safety of a particular person or the public. 
• We may disclose information to a health oversight agency for activities authorized or required by law. 
• We may disclose information to government authorities for purposes of public health and safety activities, including preventing or controlling disease, injuries, or disabilities, reporting abuse, neglect, or domestic violence, and reporting recalls or adverse reactions to medications. 

• We may disclose information in response to a court or administrative order, or in response to a subpoena, discovery request, or other lawful process if efforts have been made to tell you about the request or to obtain a protective order. 
• We may disclose information to a law enforcement official for certain law enforcement purposes, such as reporting crime on our premises or responding to legitimate law enforcement inquiries. 
• We may disclose your information to support specialized government functions: (1) if you are a member of the armed forces, as required by military command authorities; (2) if you are an inmate or in custody, to a correctional institution or law enforcement official; (3) in response to a request from law enforcement authorized by law, under certain conditions; (4) for national security reasons authorized by law; (5) to authorized federal officials to protect the President, other authorized persons, or foreign heads of state. 
• We may disclose your PHI for workers’ compensation or similar programs. 
• We may also disclose your PHI to organ procurement or similar organizations for purposes of donation or transplant. 

• We may disclose information to a funeral home director, coroner, or medical examiner consistent with applicable law to enable them to carry out their duties. 
• We may disclose your information to a person legally authorized to act on your behalf, such as a parent, legal guardian, or administrator or executor of your estate. 
• A Outcomes App may provide ways for storing and sharing immunization data. We may provide proof of immunization to a school about a student or prospective student, as required by law, if authorized by the parent/guardian, emancipated minor, or other authorized individual as applicable.  

Outcomes may process or share the information you provide through a Outcomes App for the following purposes but only with your prior explicit authorization: 

• We will not use or disclose your information in exchange for direct or indirect remuneration unless you authorize us to do so, or as permitted by HIPAA. We may exchange information when the information is deidentified in accordance with the HIPAA expert determination method and/or the HIPAA safe harbor method. 

• Except in limited circumstances allowed by law, we may not use or disclose notes recorded by a mental health professional documenting your conversation during a counseling session without your authorization. 
• With your authorization, we may use or disclose your information for marketing purposes. 
• We may use or disclose information for research purposes with your authorization, or without authorization under limited circumstances such as with a waiver from an institutional review board. Except as described, we will not use or disclose your PHI without your authorization. You may cancel your authorization in writing at any time, which will stop further use or disclosure for purposes covered by your authorization, except when we have already acted on your permission. 

INFORMATION COLLECTED FROM A DEVICE ASSOCIATED WITH YOU 

When you use a phone or computer to access the App or other Outcomes services, you passively provide us information in other ways through technology. This information helps our websites and mobile services work and helps us understand our customers’ needs and provide information about our products and services that may be of interest to you. We may receive: 

• Device Information: We collect technical information when you visit our mobile applications or services. This may include information such as MAC address, Internet Protocol (IP) address, the type of mobile device you use, your device operating system and browser type, a unique device identifier, the address of referring websites, the path you take through our websites, and other information about your session on our websites. 
• Browsing Information: We use our own and third-party technologies such as cookies, web beacons, and mobile device identifiers to collect information about the use of our websites and mobile services. We use these tools to provide an integrated and more personalized shopping experience for you. For example: cookies allow us to provide you relevant information as you use or return to our sites; web beacons allow us to know if a certain page was visited, an email was opened, or if ad banners on our websites and other sites were effective. 
• Precise Device Location Information: We may collect information about your location when your device is set to provide location information. You can adjust the location settings of your mobile device at any time to control whether your device communicates this information. You will also need to adjust your device’s Bluetooth settings to completely disable the collection of Bluetooth location-related data. See your device instructions to learn more about these settings. In addition, we may offer you controls on our use of your mobile location information. Please note, however, that changing our access to these settings will impact your ability to use some of the Wellness Services. 
• Contact List: The Wellness Service may request information stored on your device’s contact list for the purpose of sharing and storing your contact information for family members, friends, or other individuals that you have identified as requiring access privileges to your health information for purposes of delivering health care services or paying for health care services. This contact information can also be used to request access to the health information of others for whom you intend to act as a Caregiver. We never access or upload information from the contact list on your device unless you select contacts for use or upload. We will not use the contact list on your device without providing you with prior notice.  
• Camera, Media and Microphone: A Outcomes App may request that you take or upload photos or videos of you, your likeness, your health records, prescriptions, test results, QR codes or other information to store your information within the App and facilitate access to information in your account and access to healthcare services. A Outcomes App will request access to your camera or stored photos when necessary. We never access or upload stored media from your device until you have selected them for upload. We will not use the camera on your device without providing you with prior notice. A Outcomes App may also require access to your microphone to interact with health care providers that use the App to deliver health care services to you and other patients. We will not use the microphone on your device without providing you with prior notice. Finally, a Outcomes app may access storage on your device to collect information that will be used to populate your Profile Content, including medication and insurance information. We will not use information from your device storage to populate your Profile Content without providing you with prior notice. 

RIGHTS WITH RESPECT TO YOUR INFORMATION 

You understand and acknowledge that the Outcomes App may have been created, and provided to you, on behalf of a covered entity (i.e. a pharmacy or other provider) (the “Covered Entity”), and in such case, information requests must be sent to the applicable Covered Entity.  If an information request is sent to Outcomes, it will be forwarded to the appropriate Covered Entity to be fulfilled.  You have the following rights to your information: 

• You may request restrictions on the use or disclosure of your information for treatment, payment or health care operations, or our disclosure of your PHI to someone involved in your care or payment for your care, like a family member or friend. We and the Covered Entity are not required to agree. If we or the Covered Entity agree, the agreeing party will comply with your request except in certain emergency situations or as required by law. 
• You may request restrictions on certain disclosure of your information to your health plan for purposes of carrying out payment or health care operations regarding services paid for in full (out of pocket). 
• You may inspect and receive a paper or electronic copy of your medical records, if readily producible. Usually, this includes prescription and billing records. The providing party may charge you for reasonable costs of responding to your request. The providing party may deny your request, in which case you may request a review of the denial. 

• You may request we or the Covered Entity amend information if it is incorrect or incomplete. You must provide a reason to support your request. We or the Covered Entity may deny your request if the information is accurate and complete or is not part of the information kept by or for the relevant provider in our organized health care arrangement. If we or the Covered Entity deny your request, you have the right to submit a statement of disagreement. Your request will become part of your medical record, to be included when we or the Covered Entity makes a disclosure of the item or statement you believe to be incomplete or incorrect. 
• You may request an accounting of disclosures of your information. This is a list of disclosures made of your information, other than for treatment, payment or health care operations, and other exceptions allowed by law. Your request must specify a time period, which may not be longer than six years from the date of the request. 
• You may request we contact you in a certain way or at a certain location. For example, you may request we contact you only at work or at a different residence or post office box. Your written request must state how or where you wish to be contacted. We will grant reasonable requests. If you would like to exercise any of these rights, submit a written request to Compliance, Outcomes, Inc., 5900 Lake Ellenor Drive, Ste 600, Orlando, FL 32809. 

ELIGIBILITY AND PROHIBITION ON USE BY CHILDREN 

Outcomes Apps are general audience online services intended solely for persons who are 18 or older. Any access to or use of a Outcomes App by anyone under 18 is expressly prohibited. By accessing or using a Outcomes App you represent and warrant that you are 18 or older.  

THIRD-PARTY LINKS AND TECHNOLOGY 

A Outcomes App may contain links to third-party websites or resources, including links to websites or resources operated by healthcare providers. Please note that Outcomes does not directly control or manage: (i) the availability or accuracy of such third-party websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Outcomes of such websites or resources or the content, products, or services available from such websites or resources, or the privacy policies or practices of the operators of such websites or resources. 

All third-party technology or services provided, made available, linked to, or otherwise accessible through a Outcomes App are provided solely as a convenience to you and not under our control. Outcomes does not endorse, recommend, or otherwise make any representations or warranties with respect to any third-party technology.  Before you use services provided by another party, available through a Outcomes App, we strongly encourage you to review the applicable terms of use and privacy policies applicable to such third-party technologies. 

NOTICES 

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Outcomes via email (in each case to the address that you provide). For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. 

HOW LONG DO WE RETAIN YOUR PERSONAL INFORMATION? 

We will keep the personal information we collect from you for as long as necessary or appropriate to carry out the purposes set forth in this Privacy Policy or any other notice provided at the time of data collection, such as providing products or services to you, supporting our business functions and operations, enabling us to communicate with you, providing marketing and personalization, and conducting research, or satisfying our legal or contractual obligations.  Where required, we will delete the information we collect when we no longer need it for the purposes described in this Privacy Policy or any other notice provided at the time of data collection, in accordance with Outcomes’s retention policies and procedures. 

HOW DO WE SECURE YOUR PERSONAL INFORMATION? 

We recognize the importance of maintaining the security of our customers’ personal information. We have a team of associates who are responsible for helping to protect the security of your information. Whether you are using our mobile services, or in our stores, we use reasonable security measures, including physical, administrative, and technical safeguards. These measures may include physical and technical security access controls or other safeguards, information security technologies and policies, procedures to help ensure the appropriate disposal of information, and training programs.  

MORE INFORMATION OR TO REPORT A PROBLEM 

If you have questions about this Privacy Policy, contact Compliance, Outcomes, Inc., 5900 Lake Ellenor Drive, Ste 600, Orlando, FL 32809.  If you believe your privacy rights have been violated, you may file a written complaint, and there will be no retaliation, with our Chief Compliance Officer at the above address, or with the Secretary of the Dept. of Health and Human Services, Office for Civil Rights.