Privacy Policy

Privacy Policy

Introduction

It is essential that all users of MedNavigator understand how our services work.  Together, our Privacy Policy and our Terms of Use agreement do just that. Whether you are one of our Registered Users or a visitor of the Website, these are important documents because they affect your rights and responsibilities.  Our Privacy Policy explains, in plain English, what information we collect on our Website, and how we collect, use, maintain, protect and disclose information obtained from you when you visit and/or use any portion of the Website. For clarification, this Privacy Policy only governs the data that we may collect through the Website, or that we might receive from you in connection with any of the Services. All other terms and provisions associated with the Website will be provided to you in the Terms of Use and/or Order Form or other end user license agreement.

Two important things to note at the outset:

  • This Privacy Policy applies to Registered Users, as well as Non-Registered Users. Where a portion of the Privacy Policy applies only to one or the other, but not both, we have clearly noted the difference.
  • As with our Terms of Use, which directly incorporates this Privacy Policy, you must agree to our entire Privacy Policy in order to use the Website and Services. If you do not agree to any portion of this Privacy Policy or our Terms of Use, please stop using our Website and Services immediately. By registering with MedNavigator or using our Services, you are consenting to our practices, as described in this Privacy Policy, regarding the collection, use, processing and disclosure of your Personal Information.  You are also agreeing to comply with the requirements contained herein.

Important Definitions

While we use plain English, it’s important that we all understand the same meaning of certain important terms used in our Privacy Policy and Terms of Use. Capitalized terms used in this Privacy Policy but not defined in this Privacy Policy have the meaning set forth in the Terms of Use.

This Privacy Policy applies to information we collect:

  • On this Website.
  • In e-mail, text and other electronic messages between you and MedNavigator and/or this Website.
  • Through mobile and/or desktop applications or solutions you download and/or access from this Website.
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Website.
  • Through your responses to surveys that we might ask you to complete for research purposes.

 

It does not apply to information collected by:

  • us offline (other than as described above) or through any other means, including on any third party website; or
  • any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.  

What Information We Collect and What We Do with It

Information Collected From Non-Registered Users

When you simply browse the MedNavigator Website, or otherwise interact with the Website, MedNavigator may automatically record certain information sent from a Registered and/or Non-Registered User’s browser, including the IP address from which you access our Website. For more information about our collection of Website access information, please see the section below titled “Log Information.”

In addition, online advertising and marketing networks with whom we partner may place anonymous Cookies (or similar technology) on a Registered and/or Non-Registered User’s device to deliver advertising and marketing materials tailored to your preferences or interests based on your online activities. For more information on Cookies, please see the section below titled Online Tracking, Cookies, and Ad Choices.

Registered Users: Creation of an Account and Submitting Personal Information

To use certain Services offered by MedNavigator, you must register and create an Account via our Website, or an Affiliated Website, and provide us with certain Personal Information and/or organizational information. The Personal Information we collect from Registered Users may include: your name, title, organization, address, phone number, company information, information regarding the employer you represent, an email address, and a password.  

By agreeing to our Terms of Use and creating an Account, you authorize us to access your profile, store your information, and share your information in accordance with our Terms of Use and Privacy Policy. While you always retain the ability to revoke this authorization and our access to your information by amending your MedNavigator account settings, data we have collected may be retained by MedNavigator for our internal business use, records and archives. For information about changing the status of your Member Profile, please see the Your Rights section below.

Information Not Collected on the MedNavigator Website

MedNavigator does not collect the following information from any users via the MedNavigator Website: your Social Security number; Individual Taxpayer Identification Number; driver’s license number; state-issued identification card number; or financial or credit account numbers, including credit card or debit card numbers.

Information Collected From Registered Users

By creating an Account, you authorize us to and we will disclose the Personal Information and other non-personal information you submit to us, to medical students, residents providers and other healthcare professionals selected by you through the Services.  You acknowledge and agree that MedNavigator is not responsible or liable for any loss or damage to any person arising from the use of any Personal Information you may provide. 

Personal Information of Healthcare Professionals and Medical Students, Residents and Providers

MedNavigator maintains a database of healthcare professionals and medical students, residents and providers (“Candidates”). We may receive Candidates’ name, email address, physical address, and other professional information from (i) licensed databases such as DMD Marketing Corp. (DMD) or the American Medical Association Physician Professional Database (AMA PPD) and other similar databases which have obtained Candidates’ consent to share such information with us and; or (ii) through your direct consent given to MedNavigator or its Affiliates. We license the use of our database, in a limited format, to third parties so that they can search the database for professionally relevant reasons. Use of the database does not mean that we will give, sell, trade, or loan the actual information in the database (except as otherwise provided herein). Moreover, use of the database does not provide access to any contact information such as your email address or phone number. Rather, we may send you professionally relevant information on behalf of the third party. This will not result in your information being made available to the third party unless you take additional actions (e.g., responding to the e-mail, visiting the third party’s website, etc.). If you are a Candidate who takes additional actions with such third party, you understand that we have no control over and assume no responsibility for personal information you submit to such third party, and shall have no liability for any actions or inaction taken by such third party in connection therewith.

Online Tracking, Cookies, and Ad Choices

We use Cookies, which are small text files stored on a user’s electronic device to help us recognize you on the MedNavigator Website, enhance your user experience, understand your usage of our services, and ultimately show you advertising and marketing content that is relevant based on your browsing choices. Thus, while browsing the MedNavigator Website – whether or not you create an Account– we and online advertising and marketing networks with whom we partner may place Cookies (or similar technology) on your device to deliver ads and marketing material tailored to your preferences or interests based on your online activities. By visiting the MedNavigator Website, you consent to the placement of Cookies or similar identifiers on your web browser. In other words, both Registered User and Non-Registered Users may be subject to targeted advertising and marketing via Cookies.

If you are concerned about cookies stored on your computer, we encourage you to follow your web browser’s guidance for deleting cookies after completing a browsing session. Opting out of targeted advertising and marketing will not prevent you from seeing ads entirely, but the ads will no longer be delivered to you via targeting methods. You can also control the receipt of Cookies through your browser’s settings. Please note that some of our services may not function properly if Cookies are disabled.

Log Information

When you access our Website and/or your MedNavigator Account, our servers automatically record information sent from your browser, which may include your web request, Internet Protocol address, domain names, referring Uniform Resource Locator, browser type, browser language, and operating system; the date and time of your request and access; and Cookies that may uniquely identify your browser (collectively, “Usage Data”). We may combine Usage Data with Personal Information  in a manner that enables us to trace Usage Data to an individual user, and may collect, use, preserve and disclose Usage Data in any manner that we may collect, use, preserve and disclose Personal Information as provided herein (whether Usage Data is combined with any Personal Information or otherwise).

Use, Disclosure, and Sharing of Personal Information

Once you have registered an Account, we may use and/or disclose your Personal Information to perform the Services and for other purposes, including the following:

  • Provide you with access to MedNavigator Services;
  • Contact you to gather more information related to our Services;
  • To make improvements, customizations and/or other modifications to the Website and Services
  • Invite you to MedNavigator events and/or events of our affiliated and unaffiliated partners, including, without limitation job fairs;
  • Comply with legal and regulatory requirements;
  • Provide updates regarding your Account and Services provided by MedNavigator;
  • To notify you about changes to our Website or any Services or other products we offer or provide through it; and
  • For any other purpose with your consent, if required under applicable laws.

We may use and/or disclose aggregated, de-identified information about our users, and non-aggregated information that does not identify any individual, without restriction.

MedNavigator will not distribute, sell, rent, transfer, or otherwise disclose your Personal Information to any third party, except as follows:

  • If you are a Registered User, we may disclose your information to individuals in the database for purposes of providing the Services;
  • To other third party owned employment related websites;
  • To our subsidiaries and/or Affiliates;
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of all or any portion of our assets, whether as a going concern or as part of a bankruptcy, liquidation or similar proceeding, in which Personal Information held by MedNavigator about our Website users is among the assets transferred;
  • To business partners and suppliers as necessary to perform services on behalf of MedNavigator;
  • If we believe disclosure is necessary to identify, contact, or bring legal action against someone who may be injuring or interfering with MedNavigator’s rights or property, or otherwise harming any other individual by utilizing MedNavigator’s website or services;
  • To enforce or apply our Terms of Use and other agreements;
  • When you have consented to such disclosure; and
  • To comply with any court order, law or legal process, including responding to any government or regulatory request.

Any disclosures made by you directly to a third party, including to a potential candidate or employer, are not covered by this Privacy Policy, though they may be governed by privacy policies of those third parties.

Other Websites

Our Services may allow you to link directly to other websites. Personal Information you provide to MedNavigator to enable creation of your Account and to facilitate the use of our Services is handled pursuant to terms of this Privacy Policy and our Website’s Terms of Use; other websites, however, may have different privacy policies, and we encourage you to read them. Further, for your convenience, you may be directed by MedNavigator (through posted links or otherwise) to websites that are not owned or controlled by MedNavigator and that may collect Personal Information from you. You access those sites at your own risk.

We also do not exercise control of other websites that may display information about MedNavigator and our Services, or direct how those other websites may collect, distribute, or otherwise use your Personal Information. Such websites may place their own Cookies or similar files on your computer, collect data, or solicit Personal Information from you. We do not guarantee the security of any information that you may disclose on other websites, and MedNavigator is not responsible or liable for those websites’ policies, actions, or content.

User Communications

In order to process your inquiries, respond to your requests, and improve our services, we may collect and retain electronic messages, mail, and other communications that you send to MedNavigator or that you may send to other Registered Users, as well as the information contained therein or associated therewith, including without limitation, read receipts, user opens and click through rates.

Retention of Data

Unless otherwise prohibited by applicable laws, we may retain residual information about you, including in our backup files or database, particularly when such retention is required by law or is pursuant to legitimate business purposes. Except as otherwise required under applicable laws, including the GDPR if you are an EU data subject, you agree that we are under no obligation to delete or modify information that you have previously chosen to provide us. Please remember that if we have already disclosed some of your Personal Information to third parties, we cannot access that Personal Information any longer and cannot force the deletion or modification of that information by the parties to whom we have made those disclosures.

Your Rights

Accessing, Controlling, Updating, and Deleting Data

When you use MedNavigator, we work to provide you the ability to access, review, correct, edit, or remove the Personal Information and related content that you have provided to us. You can do this by logging into MedNavigator and accessing your Account. You must identify yourself before we can process any request to access, review, correct, edit, or remove such information. Although most changes will occur immediately, some information may stay stored on your browser’s web cache. We take no responsibility and are not liable for information stored in your cache or on any other electronic devices through which you may access MedNavigator.

We may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical. (In some instances, a request that requires disproportionate technical effort to accommodate may be processed for an additional fee.) You authorize us to use and disclose, in accordance with this Privacy Policy and the Terms of Use, any new or modified information that you provide. Please note our data retention practices identified above.

Choices for Personal Information

We will ask for your consent prior to collecting or using Personal Information for any purpose other than those described in this Privacy Policy or other supplementary privacy notices. You may be given the option to opt out of some of our data-collection practices. If we propose to use Personal Information for any purpose other than those described in this Privacy Policy or other supplementary privacy notices, we will provide you with an effective way to opt out of such use. Please note that declining to submit Personal Information for any MedNavigator Service may prevent us from being able to provide that Service to you.

Opt-Out/Changing Your Account

You may unsubscribe or opt out of any of our email lists, electronic newsletters, bulletins, guides or marketing campaigns at any time by following the instructions included in such email or other communication, or by contacting our service team by phone at [__________] or emailing them at ____________@MedNavigator.com.

If you wish to change the status of your Account, you may so do by calling our service team by phone at at [__________] or emailing them at ____________@MedNavigator.com. If you no longer wish to use our Services or maintain your Account as active, upon your request, we will, as soon as practicable and in accordance with all applicable laws, deactivate your Account and login information. After we have deactivated your Account, information about your Account may remain on the Website and/or in our databases and we may continue to use log information in accordance with this Privacy Policy. We may also retain your information to comply with any applicable laws, prevent fraud, resolve disputes, troubleshoot problems, assist with any lawful investigations, enforce our Terms of Use  (in accordance with the Terms of Use and any applicable Marketing Terms and Conditions), or to take any other actions permitted by law.

If you are a medical provider, healthcare professional or other individual included in the database maintained through our Website and you wish to have your information updated, revised, removed or otherwise limited with respect to access and use, you may so do by calling our service team by phone at at [__________] or emailing them at ____________@MedNavigator.com. However, we may retain your information to comply with any applicable laws, prevent fraud, resolve disputes, troubleshoot problems, assist with any lawful investigations, enforce our Terms of Use  (in accordance with the Terms of Use and any applicable Marketing Terms and Conditions), or to take any other actions permitted by law.

Please note, that Registered Users and other parties who have gained access to the Services may have retained a copy of your personal information in their own files or databases. We cannot control the retention, use or privacy of such profiles that have been downloaded by third parties. Accordingly, you should not include information in your MedNavigator Member Profile that you do not want made public.

Your Rights Under the EU General Data Protection Regulation

If you are a European Union resident, in addition to our general Privacy Policy, we would like to bring the following to your attention:

Data Controller/Processor. For purposes of the EU General Data Protection Regulation (“GDPR”), if you are located in the European Economic Area, MedNavigator processes Personal Information both as a Processor and as a Controller, as defined in the GDPR. MedNavigator will be the Controller of your data provided when creating your Account.

Data Protection Officer: MedNavigator has a “Data Protection Officer” who is responsible for matters relating to privacy and data protection. This Data Protection Officer can be reached at [INSERT EMAIL ADDRESS AND PHYSICAL ADDRESS]

Cookies.  Our Website generally uses cookies to distinguish you from other users of our Website. This helps us provide you with a good experience when you browse our Website and also allows us to improve our Website.  A fuller discussion of what cookies are and how we use them appears above in this Privacy Policy.  When you created an Account you checked a box allowing us to use cookies. [Note to Draft: When creating an Account, users who indicate they are located in the EU in addition to consenting to email communications through an opt in (unchecked box that must be checked by the user) they should also opt-in to cookies in an identical manner].  You may also block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies.

Your Rights as a Data Subject. The GDPR may provide you the right to:

  • Make a Data Subject Access Request to access your Personal Information at any time. This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it.
  • Request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate Personal Information we hold about you corrected, although we may need to verify the accuracy of the new data you provide to us.
  • Request erasure / deletion / removal of your Personal Information. This enables you to ask us to delete or remove your Personal Information where we do not have a valid reason to continue to process it. You also have the right to ask us to delete or remove your Personal Information where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your Personal Information to comply with local law. Please Note: we may not always be able to comply with your request for erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • Object to processing of your Personal Information where we are relying on a legitimate interest (or those of a 3rd party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  • Request restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your Personal Information in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to process it.
  • Data Portability / Request the transfer of your Personal Information to you or directly to another controller. This right only applies to automated information which you initially provided consent for us to use or where we used the Personal Information to perform a contract with you.  We will (unless there is an exemption) assist you by securely transferring your Personal Information directly to another controller where technically feasible or by providing you with a copy in a structured commonly used machine readable format.
  • Withdraw consent at any time where we are relying on your consent to process your Personal Information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.

Legal Basis for processing your Personal Information.  We have set out a short description of main ways we will collect, store, process, share and disclose your Personal Information and the legal basis we rely on to do so. We have also identified what our legitimate interests are, where appropriate.

We will only use your Personal information when the law allows us to. Most commonly, we will use your Personal Information in the following circumstances:

  • To fulfill a contract we are about to enter into or have entered into with you; 
  • Where it is in our legitimate interests;
  • When it is our legal or regulatory duty; and
  • When you consent.

A legitimate interest is when we have a business or commercial reason to use your information in conducting and managing our business. We will consider and balance any potential impact on you and your legal rights when we process your Personal Information for our legitimate interests. We do not use your Personal Information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required for compliance with a legal or regulatory obligation or permitted to by law). 

Marketing Messages. Generally we do not rely on consent as a legal basis for processing Personal Information except in relation to sending direct marketing communications via email or text message. However, where we are providing you with the Services, you will receive email marketing communications from us even if you have not given us consent as we rely on a soft opt-in form of consent. 

You may receive marketing communications from us if you provided us with your details when you registered for the Services. We may also use your identity, contact details, technical data, usage data and profile data to form a view and decide which services may be of interest or relevant for you.  

You have the right to withdraw your consent to marketing at any time by following the procedures outlined in the Opt-Out/Changing Your Account section of this Privacy Policy.

Opting out of receiving marketing messages does not apply to Personal Information that you have provided to us in connection with the performance of a contract between us;

We will never sell or disclose your Personal Information to any third parties to use for marketing.

Where We Store Your Personal Information

The data that we collect from you may be transferred to, and stored at, a destination outside of your country of domicile. It may also be processed by employees, subcontractors and sub-processors (“Our Providers”) operating outside of your country of domicile who work for us, or on our behalf. Our Providers may be engaged in, among other things, the fulfillment of any requests and the provision of support services. By submitting your Personal Information, you agree to this transfer, storing or processing. We take steps we believe reasonably necessary so that your Personal Information is treated securely and in accordance with this Privacy Policy.

Data Retention

We retain your personal information and information stored and collected through the Website for as long as we have a business or tax need or as applicable laws, regulations, or government orders require. When your information is no longer necessary or relevant for the identified purpose or to fulfill a legal or business requirement, we will use reasonable commercial efforts to securely dispose of and destroy your information collected through the Website.

Security, Technology, and Amendments to Policies

Security

In accordance with industry standards, we have implemented security safeguards to protect MedNavigator and its users against unauthorized accessing, disclosure, alteration, or destruction of Personal Information. Some of the safeguards may include:

  • Requiring passwords in order to access sections of the Website or certain data;
  • Employing firewalls to prevent unauthorized Website and data access;
  • Encrypting communications between your browser and the MedNavigator Website through HTTPS (Hyper Text Transfer Protocol Secure);
  • Restricting access to Personal Information to certain MedNavigator employees, contactors, agents, and operators; and
  • Requiring MedNavigator employees, contactors, agents, and operators to agree to and comply with strict confidentiality agreements, the violation of which include discipline, termination, and criminal prosecution.

While we are always looking to take reasonable steps to improve our security, the Internet can never be completely secure, and we cannot guarantee the security of the information transmitted to MedNavigator. In particular, emails, messages, and other communications between MedNavigator users are not encrypted, and you should never use these communication methods to convey personal information that you wish to keep private. Ultimately, you are responsible for protecting the security of your password and login information.

Data Breach

While MedNavigator employs multiple security measures to maintain data security, data breaches can occasionally happen, even to the most secure of systems.  In the event of such a situation, MedNavigator will, in compliance with any applicable federal and state data breach laws, endeavor to timely notify all users whose Personal Information MedNavigator knows or has clear reason to believe was accessed by an unauthorized person.

Borders

Your Personal Information will be processed in conformance with this Privacy Policy. However, that processing may occur in countries with different laws as regards to your privacy. By using MedNavigator and providing any Personal Information, you consent to the transfer of data from your country to a country that may have different privacy laws.  For citizens of the United States, your data may leave the territorial boundaries of the USA.

MedNavigator retains sole discretion to restrict, suspend, or terminate any user’s Account for any violation of the obligations or requirements set forth in our Terms of Use or other governing policies.

Miscellaneous

Indemnification. Please refer to the Terms of Use for the indemnification requirements.

Children’s Privacy.  MedNavigator is committed to protecting the privacy of children and encourages parents and guardians to take an active role in their children’s online activities and interests. MedNavigator is not directed to children or designed to attract them. You must be at least 18 years of age to use our Website and Services. MedNavigator does not knowingly collect, use, or disclose personal information about users that are under 18 years of age. If we later learn that a user is under 18 years of age, we will remove that user’s personal information from our databases and prevent the user from further using the MedNavigator Website and its Services. If you become aware that a user is under 18 years of age, please notify us immediately at helpdesk@MedNavigator.com. If you are a user who is identified in this manner, we may require you to submit suitable proof of age, such as a copy of government-issued identification, in order to continue using the MedNavigator Website.

Your California Privacy Rights.  California residents are entitled once a year, free of charge, to request and obtain certain information regarding our disclosure, if any, of certain categories of personal information to third parties for their direct marketing purposes in the preceding calendar year. We do not share personal information with third parties for their own direct marketing purposes. California residents who are registered users of the Services and are under the age of 18 are entitled, in accordance with California law, to request and obtain removal of content and information that they themselves post on the Services.

Changes to the Privacy Policy.  MedNavigator reserves the right, at any time, to change, modify, or revise this Privacy Policy and the privacy and security practices discussed herein. We will post any revised version of the Privacy Policy on our Website. We will not reduce your rights under this Privacy Policy without your explicit consent. If we make any significant, material changes to the Privacy Policy, we will prominently note such changes on the Site and may also send notification to the last email address you have provided to us. Continued use of the MedNavigator Website and our Services following such notice of changes constitutes your acknowledgement of them and agreement to be bound by their terms and conditions.

Monitoring and Enforcement.  In accordance with applicable laws, you may request access and raise concerns or complaints regarding your personal information processed by us with by contacting us: by email [Insert email address for privacy contact purposes]; or by mailing MedNavigator at _______________________.

If you file a complaint, we will investigate the matter or suspected failure to comply with this privacy policy. It is our practice to respond to you within 45 days of receiving the complaint. We will take all appropriate action to remedy any such issues.

Contact UsIf you have any questions or concerns about our Privacy Policy, please contact us by sending an email to helpdesk@MedNavigator.com.

 

Effective _____, 2019