Privacy Policy

Dina Care, Inc.

Date of Last Revision: 01/01/2022

NOTICE OF PRIVACY PRACTICES

Our Pledge Regarding Medical Information

This privacy policy governs your use of the software application Dina (hereon known as “App”) for mobile devices and browser use, including cases where the Dina application is embedded or launched from within another software system via single-sign on access. 

We understand that medical information about you and your health is personal. We are committed to protecting your personal information collected and entered about you. This Notice applies to all of the information we receive and maintain.

This notice describes how medical information about you may be used and disclosed and how you can get access to this information. Please read it carefully. It also describes our obligations and your rights regarding the use and disclosure of medical information to the extent applicable.

We are required by law to:

• make sure that medical information that identifies you is kept private;
• give you this Notice of our legal duties and privacy practices with respect to medical information about you; and
• follow the terms of the notice that is currently in effect.

What is collected

The system collects the minimum amount of data necessary to perform these tasks and the volume of data collected is not the same for all users. The base data set collected by the App is Name, date of birth, medical condition, gender and medical record number. Organizations may add other data points that are necessary in the treatment and assessment of the status of their patients. In addition, all PHI (Personal health information) posted to a patient’s page is secured through encryption as per HIPAA guidelines.

Information collected related to you may have been entered by your care team as a function of your care and as such must be retained as a condition of documentation of your care. Other information entered by you, family or friends is not considered part of your care team record and is treated as your data.

The Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device’s unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.

How We May Use and Disclose Medical Information About You

The following categories describe different ways that we use and disclose medical information. Not every use or disclosure in a category will be listed. However, all of the ways we are permitted to use and disclose information will fall within one of the categories.

• For Operations (as described in applicable regulations)
  • We may use and disclose medical information about you for center operations. These uses and disclosures are necessary to manage your course of treatment. For example, we may use medical information in connection with: home visits, partner organization scheduling (BAA), general communications regarding your care to referring and other treating organizations, recommended changes in medical treatment plans (including new or changed treatment and medication orders), conducting or arranging for medical review, audit services, and fraud and abuse detection programs; business planning and development such as cost management; and business management and general administrative activities.

• As Required By Law
  • We will disclose medical information about you when required to do so by federal, state or local law. For example, we may disclose medical information when required by a court order in a litigation proceeding such as a malpractice action.

• To Avert a Serious Threat to Health or Safety
  • We may use and disclose medical information about you when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person. Any disclosure, however, would only be to someone able to help prevent the threat.

• Special Situations
  • Disclosure to the State.
  • Information may be disclosed to another health plan maintained by the State for purposes of facilitating claims payments under that plan. In addition, medical information may be disclosed to State personnel solely for purposes of administering benefits under the Plan and/or System.

• Organ and Tissue Donation
  • If you are an organ donor, we may release medical information to organizations that handle organ procurement or organ, eye or tissue transplantation or to an organ donation bank, as necessary to facilitate organ or tissue donation and transplantation.

• Workers’ Compensation
  • We may release medical information about you for workers’ compensation or similar programs. These programs provide benefits for work related injuries or illness.

• Public Health Risks
  • We may disclose medical information about you for public health activities. These activities generally include the following:
  • to prevent or control disease, injury or disability;
  • to report reactions to medications or problems with products;
  • to notify people of recalls of products they may be using;
  • to notify a person who may have been exposed to a disease or may be at risk for
  • contracting or spreading a disease or condition;
  • to notify the appropriate government authority if we believe a patient has been the victim of abuse, neglect or domestic violence. We will only make this disclosure if you agree or when required or authorized by law.

• Health Oversight Activities
  • We may disclose medical information to a health oversight agency for activities authorized by law. These oversight activities include, for example, audits, investigations, inspections, and licensure. These activities are necessary for the government to monitor the health care system, government programs, and compliance with civil rights laws.
• Lawsuits and Disputes
  • If you are involved in a lawsuit or a dispute, we may disclose medical information about you in response to a court or administrative order. We may also disclose medical information about you in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if efforts have been made to tell you about the request or to obtain an order protecting the information requested.

• Law Enforcement
  • We may release medical information if asked to do so by a law enforcement official: in response to a court order, subpoena, warrant, summons or similar process;
  • to identify or locate a suspect, fugitive, material witness, or missing person;
  • about the victim of a crime if, under certain limited circumstances, we are unable to obtain the person’s agreement;
  • about a death we believe may be the result of criminal conduct;
  • about criminal conduct at the hospital; and
  • in emergency circumstances to report a crime; the location of the crime or victims; or
  • the identity, description or location of the person who committed the crime.

• Coroners, Medical Examiners and Funeral Directors
  • We may release medical information to a coroner or medical examiner. This may be necessary, for example, to identify a deceased person or determine the cause of death.

• National Security and Intelligence Activities
  • We may release medical information about you to authorized federal officials for intelligence, counterintelligence, and other national security activities as authorized by law.

• Inmates
  • If you are an inmate of a correctional institution or under the custody of a law enforcement official, we may release medical information about you to the correctional institution or law enforcement official. This release would be necessary (1) for the institution to provide you with health care; (2) to protect your health and safety or the health and safety of others; or (3) for the safety and security of the correctional institution.

Your Rights Regarding Medical Information About You

You have the following rights regarding medical information we maintain about you:

• Right to Inspect and Copy
  • You have the right to inspect and copy medical information that may be used to make decisions about your benefits. To inspect and copy medical information that may be used to make decisions about you, you must submit your request in writing to your Executive Director. If you request a copy of the information, we may charge a fee for the costs of copying, mailing or other supplies associated with your request.
• We may deny your request to inspect and copy in certain very limited circumstances. If you are denied access to medical information, you may request that the denial be reviewed.
• Right to Amend
  • If you feel that medical information we have about you is incorrect or incomplete, you may ask us to amend the information. You have the right to request an amendment for as long as the information is kept by or for the System.
    • To request an amendment, your request must be made in writing and submitted to your Executive Director. In addition, you must provide a reason that supports your request. We may deny your request for an amendment if it is not in writing or does not include a reason to support the request. In addition, we may deny your request if you ask us to amend information that:
    • is not part of the medical information kept by us;
    • was not created by us, unless the person or entity that created the information is no longer available to make the amendment;
    • is not part of the information which you would be permitted to inspect and copy; or
    • is accurate and complete.

• Right to an Accounting of Disclosures
  • You have the right to request an “accounting of disclosures” where such disclosure was made for any purpose other than treatment, payment, or health care operations. To request this list or accounting of disclosures, you must submit your request in writing to your Treatment Center. Your request must state a time period which may not be longer than six years. Your request should indicate in what form you want the list (for example, paper or electronic).

• Right to Request Restrictions
  • You have the right to request a restriction or limitation on the medical information we use or disclose about you for treatment, payment, or health care operations. You also have the right to request a limit on the medical information we disclose about you to someone who is involved in your care or the payment for your care, like a family member or friend, except where we are compelled to provide such information by law.
    • We are not required to agree to your request.
    • To request restrictions, you must make your request in writing to your Treatment Center.  In your request, you must tell us (1) what information you want to limit; (2) whether you want to limit our use, disclosure, or both; and (3) to whom you want the limits to apply, for example, disclosures to your spouse.

• Right to Request Confidential Communications
  • You have the right to request that we communicate with you about medical matters in a certain way or at a certain location. For example, you can ask that we only contact you at work or by mail. To request confidential communications, you must make your request in writing to your Treatment Center.
    • We will not ask you the reason for your request. We will accommodate all reasonable requests. Your request must specify how or where you wish to be contacted.

• Right to a Paper Copy of This Notice
  • You have the right to a paper copy of this Notice. You may ask us to give you a copy of this Notice at any time. Even if you have agreed to receive this Notice electronically, you are still entitled to a paper copy of this Notice.

Care Provider User Responsibilities

• All users should safeguard the confidentiality of and protect any sensitive information in accordance with the requirements of this Privacy Policy, HIPAA’s Privacy Rule (located at 45 CFR Part 160 and Part 164), other applicable policies and procedures, relevant contractual requirements, and as required by law: 
• Users are responsible to adhere to HIPAA, and any failure to do so would be in violation of our BAA agreement with their organizations. If we become aware of such a violation we will notify the appropriate organizational and legal authorities.
• Users are responsible to adhere to minimum necessary requirements when sharing protected health information and must make reasonable efforts to limit protected health information to the minimum necessary to accomplish the intended purpose.
• Users are responsible for the security of sensitive information in their workspaces and are expected to take reasonable and appropriate precautions to safeguard access to sensitive information.
• Users are responsible for the security of access to their digital accounts and to follow security best practices of their devices, accesses, and passwords to safeguard access to sensitive information.
• Users are responsible for reading and understanding the contents of this Privacy Policy and its related policies and procedures, and to ensure that their actions comply with the requirements of this Privacy Policy and its related policies and procedures.
• Users are responsible for reporting any violations of this Privacy Policy, related policies or procedures or the law or regulations to Dina Care, Inc. 
• Users agree that they will protect and safeguard all PHI they may come into contact with from any disclosure.
• Users should not request that Dina Care, Inc. use or disclose PHI in any manner that would not be permissible under the Privacy Rule.
• Users should be aware that unauthorized people may be able to intercept, read and possibly modify email you send or are sent by Dina Care, Inc.. As a result, users should not send PHI via email and should protect their email account, password and computer against access by unauthorized personnel.
• In addition to the above responsibilities, Administrators are responsible for maintaining a list of all users who have access to sensitive information and approving access in a manner consistent with each users’ duties and responsibilities

Changes to This Notice

We reserve the right to change this Notice. We reserve the right to make the revised or changed Notice effective for medical information we already have about you as well as any information we receive in the future. We will post a copy of the current notice on our website. The Notice will contain on the first page, in the top right-hand corner, the effective date.

Complaints

If you believe your privacy rights have been violated, you may file a complaint with Dina Care, or the Secretary of the Department of Health and Human Services. To file a complaint contact:

Dina Care, Inc.

222 W. Merchandise Mart Plaza

Suite 1230

Chicago, Illinois 60654

All complaints must be submitted in writing. If you have any questions about this Notice, please contact: Dina Care, Inc. at privacy@dinacare.com

————————————————————————————————————————————–

End User License Agreement

END-USER LICENSE AGREEMENT FOR THE Dina APP (“EULA”)

Date of Last Revision: 02/05/15

IMPORTANT NOTICE: PLEASE READ THIS EULA CAREFULLY BEFORE USING THE APP. THIS EULA SETS OUT HOW THE APP IS LICENSED TO YOU TO USE.

1 INTRODUCTION

1.1 This app and any accompanying online or electronic documentation (“App”) have been produced by and is the property of Dina Care, Inc.  Dina is referred to as “us”, “we”, and “our” in this EULA. We are a company registered in Delaware, USA. You can contact us by mail at our office address or by email to support@dinacare.com.

1.2 The terms and conditions below set out the agreement between you (“you”) and us for the acquisition, download, installation and use of the app so please read this carefully.

1.3 By downloading and using the app you are agreeing to be bound by and become a party to this EULA and the Privacy Policy. If you do not agree to all of the terms of this EULA or Privacy Policy you should not acquire, download or use the app.

2 IMPORTANT TERMS

2.1 All use of the App is solely for use by users in accordance with this EULA. Any use, reproduction or redistribution of the App not in accordance with this EULA is expressly prohibited.

2.2 The EULA limits Dina’s liability as set out in clause 16 below.

2.3 If you are under the age of 18 you must get your parent or guardian’s permission to download, install and use the App.

2.4 Your use of the App requires you to have an IOS or Android device. Your access to the app will be linked to your account and you are required to comply with the sponsoring organization and respective device vendors policies to use the app, including for any in-app payments if applicable.

2.5 Please note that use of the App is not intended to replace or be a substitute for any medical advice concerning your health or well being, and you should always contact an appropriate medical advisor if you require medical related advice.

3 ABOUT THE APP

3.1 Dina (the “App”) allows providers, care managers, clinicians, family members and friends (the “Care Team”) to post information that may relate to your well being or possible health related problems, diseases and the status of your condition. The App provides the ability to limit access to information entered by the Care Team, entered data is authorized for viewing through a permission process with the ability to segregate information entered by clinical personnel from that entered by Family and/or Friends. The App also includes the facility to allow carers to post information about a given healthcare condition that you may find useful. THE APP IS NOT INTENDED TO BE A REPLACEMENT FOR THE ADVICE YOU RECEIVE FROM YOUR MEDICAL ADVISORS.

3.2 The Privacy Policy is in an important document which governs our use of the personal and anonymous data that we obtain from your use of the App. We use this data in accordance with our Privacy Policy so please take time to read and understand that document.

4 YOUR USE OF THE APP

4.1 By downloading and installing the App, you confirm that you are either over 18 years of age, or if you are under 18 years old, that you are 13 years of age and older and you have obtained your parent or guardian’s consent to download, install and use the App.

4.2 Subject to the privacy settings and your defined role in the App as set by the administrator, we may send you push notifications to you via email, SMS or direct to screen on your device whilst the App is installed and including whilst the App is not running in the foreground or in the background.

4.3 You acknowledge that we have no control over how other users use the App and therefore we have no control over the quality of information posted on the service. Accordingly we give no warranties or representations with respect of the accuracy or reliability of any content made available via the App and the service generally.

5 OWNERSHIP OF THE APP AND CONTENT

5.1 All intellectual property in the App is owned by us and/or our licensors.

5.2 All intellectual property rights in the App and content on the App, including all video, text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (\”Content\”) belongs to us and/or our licensors. All rights reserved.

5.3 Your licensing of the App or any associated Content granted on a personal or corporate, non-exclusive, revocable, non-transferable license to use the same for your use on authorized devices, unless otherwise specified. The App may not be copied, resold, or sublicensed. These Terms apply to all versions and updates to the App, including, without limitation, free and paid versions.

6 LINKS TO WEBSITES AND THIRD PARTY SERVICES

6.1 Where we make available links to other websites or apps in the App, such links are provided for your information and convenience only. We are not responsible for the content or performance of the linked website or app, and you are responsible for reviewing the linked website’s or app’s terms of use.

6.2 The App may provide you with certain functionalities to share your Data (as defined below in clause 7), with third parties within Dina. It is your responsibility to ensure that you adhere to the terms and conditions of the platform when sharing your Data. You should consider the type of Data you wish to share as due to the nature of the internet, it is not always possible to permanently remove any pictures or other information you share.

7 UPLOADING DATA

7.1 To the extent that the App allows you to upload any text, pictures, data or other information (“Data”), then you acknowledge that we may copy, store, adapt, modify, and use the Data to enable us to provide the App and Data to you in a presentable form.

7.2 We do not make any Data you upload available to other users of the App, unless you expressly opt in to sharing your Data with users, such as your providers, friends or family members.

7.3 We use your Data in accordance with our Privacy Policy as set out in clause 3.2 and this EULA.

7.4 You confirm that your Data shall not infringe the intellectual property rights or privacy rights of any third party or defame any person. You agree to compensate us for any loss we may suffer from a third party claim arising from a breach by you of this confirmation.

7.5 You agree that you shall not use the App to send any abusive or offensive material, or any other material which we deem to be generally objectionable, or for any advertising purposes.

7.6 After you delete your account, your Data shall remain on our servers as part of your general record.

8 COOKIES

8.1 The use of cookies and similar tools are detailed in our Privacy Policy and Apple’s and Google Play’s own privacy policy if they are utilized in the acquisition of the App.

8.2 You may delete cookies and libraries from your device by deleting the App.

9 SYSTEM REQUIREMENTS

9.1 This App has been developed to work on the latest version of the iOS and Android operating systems at the time of its release. These vendors may from time to time update their operating systems, and we will endeavor, but not be obligated, to update the App if applicable to ensure that its functionality and performance continues with any updated OS release. It is your obligation to ensure that you are using the latest public release of the iOS or Android operating system.

10 INDEMNITY / COMPENSATION

10.1 You agree to indemnify (compensate) us and keep us indemnified from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of the App or arising from any breach or suspected breach of this EULA by you or your violation of any law or the rights of any third party.

11 TERM AND TERMINATION

11.1 This EULA takes effect upon your download, installation and/or use of the App and remains effective until terminated by either of us. You may terminate this EULA at any time by removing the App from your device on which you have installed it. The EULA shall automatically terminate if you fail to comply with any term or condition of this EULA. Upon termination you shall cease all use of the App and delete all copies of the App.

11.2 The following clauses of the EULA shall survive termination: Clause 5 (Ownership), Clause 12 (Indemnity/compensation), Clause 13 (Term and Termination), Clause 15 (General Provisions), Clause 16 (Limitation of Liability), Clause 18 (Severance) and Clause 19 (Jurisdiction).

12 SUPPORT AND CONTACTING US

12.1 The App is provided “as is”. However if you need any help and support please email support@dinacare.com and we shall endeavor to assist you.

13 GENERAL PROVISIONS

13.1 This EULA sets out the complete understanding and agreement between us and you and may only be amended or waived in writing by us. No waiver by us of any failure by you to comply with or perform a provision of EULA shall be deemed to be a waiver of any preceding or succeeding failure. In the event that any of the provisions of this EULA are held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

13.2 This EULA is personal to you. You may not assign, sub-license, transfer or dispose of the rights licensed under this agreement.

13.3 You may not reproduce, distribute, publicly display or perform, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble in any manner the App, or any part of it, including but not limited to any character, graphic, associated software or proprietary communications protocol used by the software or any utilities, applications, emulators or tools derived therefrom.

13.4 You agree not to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the App’s security measures, or transfer files that contain viruses, Trojans or other harmful programs.

13.5 Apple Users. This clause only applies to you if you access the App on an iPad, an iPhone or any other device using iPhone OS. The following terms of this clause 6.7 are the terms which we are required by Apple to notify you of and obtain your consent in respect of using the App.

a. Acknowledgement: You and we acknowledge that this end user license agreement is concluded between you and us only, not with Apple. We, not Apple, are solely responsible for the App and its content. b. Grant of License: Subject to your compliance with all conditions of this License we grant you a non-exclusive, personal, non-transferable license to use the App on an iOS Product which you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service (http://www.apple.com/legal/terms/). c. Maintenance and support: We are solely responsible for providing support and maintenance for the App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. d. Product claims: You acknowledge that we, and not Apple, are responsible for addressing any claims you may have relating to the App or your possession and/or use of the app, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. e. Intellectual Property Rights: You acknowledge that in the event of a third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. Then we shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property right infringement claim, and not Apple. f. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and (ii) you are not listed on any US Government list of prohibited or restricted parties g. Third Party Beneficiary: You acknowledge and agree that Apple are third party’s beneficiaries of this License, and that when you accept the terms and conditions of this License, Apple will have the right (and will be deemed to have accepted the right) to enforce this License against you as a third party beneficiary thereof. h. Third Party Terms of Agreement: We do not use any third party software or applications in our App and therefore this License sets out the terms and conditions of using the App.

13.6 Android Users. This clause only applies to you if you access the App on a device using Android OS. The following terms of this clause 6.8 are the terms which we are required by Google to notify you of and obtain your consent in respect of using the App. The Android Application may only be accessed and used on a device owned or controlled by you and using the Android OS; you acknowledge and agree that:

i. Google has no obligation at all to provide any support or maintenance services in relation to the App. If you have any maintenance or support questions in relation to the App, please contact us, not Google, using the contacting us details on the Website or at the end of these terms; ii. although these terms are entered into between us and you (and not Google), Google, as a third party beneficiary under these terms, will have the right to enforce these terms against you; iii. except as otherwise expressly set out in these terms, any claims relating to the possession or use of the App are between you and us (and not between you, or anyone else, and Google); and iv. in the event of any claim by a third party that your possession or use (in accordance with these terms) of the App infringes any intellectual property rights, Google will not be responsible or liable to you in relation to that claim.

14 OUR LIMITATIONS OF LIABILITY

14.1 THE APP IS PROVIDED ‘AS IS’ AND ON AN ‘AS AVAILABLE’ BASIS WITHOUT ANY REPRESENTATION, ENDORSEMENT OR WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND/OR ACCURACY.

14.2 WE DO NOT GUARANTEE THAT THE APP WILL BE (I) FREE OF ERRORS, VIRUSES OR BUGS OR OTHER DEFECTS; OR (II) THAT THE APP OR ANY INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE APP OR IN THE DOCUMENTATION WILL BE ACCURATE OR COMPLETE; OR (III) THAT ANY DEFECTS IN THE APP WILL BE CORRECTED.

14.3 YOU ACKNOWLEDGE THAT RELIANCE ON ANY SUCH INFORMATION SHALL BE AT YOUR SOLE RISK.

14.4 NOTHING IN THIS EULA SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUDULENT MISREPRESENTATIONS OR FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THE NEGLIGENCE BY US, OUR EMPLOYEES OR AGENTS.

14.5 TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING IN YOUR LOCAL JURISDICTION, WE EXCLUDE ALL OTHER LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING ANY LIABILITY OR DAMAGE TO ANY DEVICE OR COMPUTER SYSTEM.

14.6 NOTHING IN THIS EULA SHALL LIMIT YOUR STATUTORY CONSUMER RIGHTS.

14.7 OUR ENTIRE LIABILITY TO YOU, AND TO THE EXTENT WE CAN NOT EXCLUDE IT, WHERE PERMISSIBLE BY LAW, SHALL BE LIMITED TO THE PURCHASE PRICE OF THE APP.

15 CHANGES TO THE EULA

15.1 We may change this EULA for any legal, regulatory or security reasons, or for any compliance with any changes that may be required by Apple or Google or any reason we decide. We will notify you of any changes and you will be required to accept the changes to continue to use the App.

16 SEVERENCE

16.1 If any provision of this EULA is found by a court or regulator to be invalid or unenforceable the other provisions shall continue to apply.

17 GOVERNING LAW AND JURISDICTION

17.1 Subject to your local consumer laws, and in the event of any dispute between you and us, and regarding this EULA and/or your use of the App, then the laws of Delaware, USA will apply. You agree that in the event we are unable to settle any dispute with you, then any court or arbitration proceedings shall be held in Delaware, USA.