PRIVACY POLICY

1.  WELCOME

Welcome to the WiseCare website (the “Site”) provided to you by WiseCare, Inc. (which will be referred to herein as either “WiseCare”, “we”, “us” or “our”). The Site and any related services, modules, functions, software or platforms (collectively, the “Services”) were created by WiseCare to obtain and maintain as or in support of its Direct Contracting Entity (“DCEs”) and Organized Health Care Arrangements. This Policy does not cover individually identifiable health information or Protected Health Information as defined and regulated by the Health Insurance Portability and Accountability Act, or HIPAA, and its implementing regulations. Such IIHI is not described in or covered by this Policy, but rather by WiseCare’s Notice of Privacy Practices.  NOTE THAT PROTECTED HEALTH INFORMATION IS ADDRESSED IN WISECARE’S NOTICE OF PRIVACY PRACTICES AND IN THE NOTICES OF PRIVACY PRACTICES OF THE PROVIDERS, FACILITIES AND OTHER SERVICE PROVIDERS WHICH MAY PARTICIPATE WITH WISECARE.

The following WiseCare Website Privacy Policy and Terms of Use (the “Terms”) constitute a set of rules by which we operate the Services. Your use of the Website and participation and interaction with WiseCare and its DCEs and OHCAs are conditioned upon your agreement to the terms of this Policy. Indeed, your use of the website shall be consent to WiseCare’s collection, use, and dissemination of your Information as described in this Policy.

By using or accessing the Services, you acknowledge that you agree and are subject to the Terms, as well as to our Notice of Privacy Practices. IF YOU DO NOT AGREE TO BE FULLY BOUND BY ANY AND ALL OF THESE TERMS, PLEASE DO NOT ACCESS THE SITE AND DO NOT USE THE SERVICES. You should read through all the Terms carefully as they constitute a legally binding agreement between you and us. Please note that we reserve the right, at our sole discretion, to revise modify or change or remove portions or all of these, at any time (including, without limitation, pricing and payment terms). The date when these Terms were last updated is indicated at the end of the Terms. It is your responsibility to check the Terms for changes. Your continued use of the Services following the posting of any changes to the Terms constitutes acceptance of those changes.

2.  REGISTRATION AND ACCESS

In order to access the Website and WiseCare Services, you must first register to use them as a subscriber by providing complete information requested and setting up a username and password. The information provided can be updated at any time by accessing your WiseCare account options page.

Having said that, as the account owner, you are solely responsible for the activity that occurs through your account and the information shared. We urge you to keep your account password secure, to always log-off from the Services when leaving your computer unattended, to only grant access to people whom you trust and to constantly monitor such use. Although WiseCare will not be liable for losses caused by any unauthorized use of your account, you may be liable for the losses of WiseCare or others due to such unauthorized use, so we strongly recommend notifying us immediately of unauthorized use of your account or of any related security breach by writing to us at info@wisecare.health.

3.  INFORMATION WISECARE COLLECTS AND USES

For purposes of this Policy, “information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or practice. It does not include deidentified or aggregate information, or public information lawfully available from governmental records.

This section describes the categories of personal information WiseCare will collect:

  • Practice demographics including but not limited to personal identifiers and contact information, such as name, date of birth, postal and email address, telephone and fax number, National Provider Identifier (“NPI”) number, Group Practice Number, state medical license number, tax identification number, and other unique identifiers
  • Demographic information, such as gender, military service, citizenship status and other protected class information that you may choose to provide us to the extent permitted by law
  • Information regarding claims and referral practices
  • Patient satisfaction and experience survey information
  • Beneficiary-level data provided by or on behalf of CMS, Medicare contractors, other providers, beneficiaries and families, consistent with beneficiary alignment and data sharing preferences
  • Commercial and financial information, which you consent to provide
  • Identifying image, likeness and voice information which you consent, actively or passively, to provide
  • Location information, as provided and through IP addresses[HB1] 
  • Other information you or others provide WiseCare

4.  WISECARE INFORMATION COLLECTION

WiseCare will obtain Information regarding its providers from sources which may include, but not exclusively:

  • Information obtained directly from providers, applicants, third party communications, information submitted through or left on the WiseCare Website, applications for provider status, practices that participate in WiseCare DCEs, and from business contacts (e.g., a referral for a job candidate), medical records, DCE representative reports
  • Third party sources, including CMS, Medicare Contractors, provider practices, as well as data collection and aggregation services that may obtain this data from publicly available sources
  • Automated collection, such as through website analytic services and cookies
  • WiseCare social workers, beneficiary support providers, technology/website hosting providers, analytics providers, and systems administrators

5. PURPOSES FOR WHICH WISECARE MAY USE INFORMATION

WiseCare collects Information above for a variety of purposes, including:

  • To communicate with or contact Website users, including to respond to inquiries and questions and to offer opportunities, services and promotions or to provide that information to a practice that participates in a WiseCare DCE
  • To operate WiseCare and offer or provide its services and benefits, directly or indirectly
  • To identify individuals, practices, or groups that might align or engage with WiseCare
  • To identify potential practices that may want to participate in a WiseCare DCE
  • To focus WiseCare communications or the information and services that may interest you
  • To offer, maintain, and improve the WiseCare Website and the services that WiseCare provides or makes available, to understand and analyze how users utilize the Website
  • To facilitate marketing WiseCare services, including tracking and associated Internet search and browsing behavior
  • For statistical, analytical, and business operations and planning purposes
  • To satisfy legal and regulatory requirements, protect health and safety, defend WiseCare legal interests, or to respond to valid legal requests

6.     CATEGORIES OF ENTITIES WITH WHICH WISECARE MAY SHARE PERSONAL INFORMATION

WiseCare may disclose Information to third parties for business purposes, including to:

  • Service providers
  • Practices that participate in WiseCare DCEs and other business contacts
  • Law enforcement, governmental authorities, or other third-parties as required by law, in response to legal requests, to protect WiseCare rights and interests, or for the protection of others
  • Third parties who may acquire all or part of the assets or controlling interest in WiseCare or its operations
  • As described to you when collecting the information

By using the WiseCare Website or WiseCare services, you agree that, in the event of a transfer such as a merger, acquisition, or sale of assets, your personal information and any other assets may continue to be used by the acquirer or its successors in a manner consistent with this Policy.

7.   NON-MEDICAL ADVICE

THE WEBSITE AND SERVICES ARE OFFERED SOLELY AS AN INFORMATION MANAGEMENT TOOL AND DO NOT, IN ANY WAY, CONSTITUTE MEDICAL ADVICE OR A SUBSTITUTE FOR SEEKING PROFESSIONAL ADVICE OR SERVICES.

Any content accessed through WiseCare is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. You are solely responsible for any decisions or actions you take based on the information and materials available through WiseCare. Reliance on any information provided by WiseCare or in connection with the Services is solely at your own risk.

8.  LIMITATION OF USE OUTSIDE THE U.S.

​Please note that the Services are controlled and offered by WiseCare from our facilities in the United States of America. The Services were created with the intent to be used by U.S. residents. You may use the Services outside of the U.S., but bear in mind that WiseCare makes no representations that the Service is appropriate or available for such use.

​​9.  OWNERSHIP OF THE SERVICE PROVIDED TO YOU

​The underlying platforms of the Services are either the proprietary property of WiseCare or the proprietary property of our licensors or licensees. By participating with WiseCare or accessing this Website, WiseCare grants you a personal, revocable, non-assignable, and non-exclusive license to use the WiseCare system and Services for the term of the subscription in accordance with the Terms, unless terminated earlier.

​​10.  ACCOUNT CONTENT AND USE OF SERVICES

​You shall be solely responsible for the information you or any of your authorized users transmit or submit through the Site or the Services. You expressly agree that your engagement with the Website or WiseCare will not: (i) be defamatory, libelous, abusive, or obscene, including, without limitation, include material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (ii) infringe on the copyright or any other proprietary right of any third-party, and will only make use of information you own or have a right to use; or (iii) be otherwise inappropriate or unlawful.

As far as your actual usage of the Services, you shall not (directly or indirectly): (i) access the Services other than by the interfaces provided by WiseCare; (ii) take any action that imposes or may impose an unreasonable or disproportionately large load on WiseCare’s infrastructure; (iii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iv) bypass any measures WiseCare may use to prevent or restrict access to the Services (or parts thereof); (v) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services; (vi) modify, translate, or otherwise create derivative works of any part of the Services; or (vii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.

11.  THIRD PARTY LINKS AND INFORMATION PROVIDED

The Services and Website may contain information in the form of, but not limited to, articles, advertisements, third-party opinions and links to third party websites – all of which are not owned or controlled by WiseCare. WiseCare does not endorse any such third-party information and such information is solely provided as a convenience to our users. As such, WiseCare also assumes no responsibility for the content, privacy policies, or practices of any third party. By accessing our Site and using the Services, you expressly relieve WiseCare from any and all liability arising from your use of any third-party website, services or information.

12.  RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS, REMOVE CONTENT

WiseCare reserves the right to suspend or terminate the account of any user at any time and for any or no reason at all, at our sole discretion. Accordingly, WiseCare reserves the right to remove any user content, which is abusive, illegal, disruptive, or that otherwise fails to conform to our standards, and to limit or revoke your access in full or in part to the Services, in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms.

13.  FEEDBACK FROM YOU

​While we welcome any feedback or comments from you, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission become the property of WiseCare, without any compensation to you. While under no obligation to review such submissions or to keep such submissions confidential, WiseCare may use or redistribute any such submission and its contents for any purpose and in any way it deems.

To provide such submissions or feedback, please email info@wisecare.com.

14.  NO WARRANTY

YOU ACKNOWLEDGE, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT THE SERVICES, THE SITE AND OTHER MATERIALS PROVIDED TO YOU UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE SERVICES AND RELIANCE ON THE SITE CONTENT IS DONE SOLELY AT YOUR OWN RISK. WISECARE DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE SERVICE, THE SITE, THEIR CONTENT AND OTHER MATERIALS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER WISECARE NOR ANY OF WISECARE’S LICENSORS MAKES ANY WARRANTY THAT THE CONTENT IN THE WISECARE SYSTEM SATISFIES GOVERNMENT REGULATIONS. CONTENT IN THE WISECARE SYSTEM IS DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER WISECARE NOR ANY OF WISECARE’S LICENSORS MAKE ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY.

WE DO NOT WARRANT THAT ANY CONTENT OR THE SERVICES PROVIDED WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE OUR CONTENT AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

15.  LIABILITIES AND INDEMNITIES

​You shall indemnify and save harmless WiseCare and its directors, officers, employees, representatives and agents (“Related Parties”) against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys’ fees) (“Damages”) asserted against, imposed upon or incurred by WiseCare and/or any of its Related Parties resulting from or arising out of any violation of these Terms by you or arising and related to your use of the Services.

​THE CUMULATIVE LIABILITY OF WISECARE FOR ALL CLAIMS RELATING TO THE SITE OR SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY A USER OR VISITOR FOR THE SERVICES OR USE OF THE SITE.

WISECARE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY WISECARE OR ANY THIRD PARTY.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

​16.  PRIVACY AND SECURITY

​To learn more about how WiseCare protects your personal information, please refer to the WiseCare Notice of Privacy Practices.

WiseCare implements reasonable security measures to help safeguard Information, however, no security system is impenetrable. WiseCare cannot and do not guarantee the security of WiseCare servers or databases, nor can WiseCare guarantee that Information will not be intercepted while being transmitted over the Internet. Please use caution.

17.  MISCELLANEOUS

​{a} If you have not signed a separate written agreement with WiseCare related to the Services, then these Terms constitute the entire agreement between the parties concerning the subject matter hereof, replacing any prior agreements. If there is any conflict between this agreement and a signed written agreement between you and WiseCare related to the WiseCare system, the signed written agreement will control; {b} You affirm that you are either more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms; {c} Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose. {d} These Terms shall be governed by the laws of the State of New York, without giving effect to any principles of conflicts of laws thereof, and the eligible courts of New York, shall have exclusive jurisdiction over all disputes between the parties. Nothing in this agreement limits either party’s ability to seek equitable relief.