Created: December 29, 2017
Last updated: December 29, 2017
Your Rights to Dispute
Your use of our websites and our other services are subject to binding individual arbitration of any disputes which may arise, as provided in the Terms and Policies. Please read the arbitration provisions of the Terms and Policies carefully and do not use the Online Services if you are unwilling to arbitrate any disputes you may have with us as provided in our Terms and Policies.
1. TYPES OF INFORMATION WE COLLECT ABOUT YOU
There are two main types of information we collect about users of the Online Services:
● "Personally Identifiable Information" is information that identifies you, and may include for example your full (i.e., first and last) name, phone number, email address, a profile photo of you or other individuals and your employer name.
● "Non-Personally Identifiable Information" is information that relates to you or your computer or device but does not on its own identify you. Non-Personally Identifiable Information relates to information about you, or the computer or mobile device you use to access the online Services, but doesn't identify you personally. This information may include (for example), information about your use of the Online Services, including web pages you have visited, apps you have downloaded, parts or functions of the Online Services you have used or viewed, content you have accessed or viewed, transaction history, IP address and device identifiers, information about your Internet connection, and information about the equipment or software you use to access the Online Services.
2. HOW WE COLLECT INFORMATION FROM YOU
We collect information about you in three main ways:
● Directly from you, when you provide it to us: for example, when you register with the website, download an app, respond to requests, manage tasks, respond to surveys, contact us or otherwise interact with us. Please remember that if others use devices into which you remain logged in, they may share information with us as if they were you, and they may have access to information that you have previously provided us. To protect your privacy, please log out from the Online Services you use on shared devices.
3. HOW WE USE INFORMATION ABOUT YOU
We (and our service providers) may use the information we collect about you for a variety of business purposes. For example, we may use that information to:
● Provide the services and products you have requested;
● Create an account on the Online Services if you have requested one;
● Respond to your inquiries, requests, and comments;
● Allow you to participate in the interactive features of our Online Services, where you choose to do so; e.g. responding to requests, managing tasks, reviewing individual user requests
● Provide technical support for the Online Services;
● Understand how the Online Services are used so that we can continuously improve the services we provide to you;
● Send you service-related communications, including announcements and administrative messages;
● Send you newsletters and information about products, services and promotions relating to us or other companies or organizations that we work with.
● Combine all the information we collect or receive about you for any of the foregoing purposes.
4. HOW WE SHARE INFORMATION ABOUT YOU
● For Mobile, Consumer Electronics or Other Device Apps: We may share information (including Personally Identifiable Information and how you use mobile apps, consumer electronics device apps or other device apps) with technology providers, analytics providers, or the operators of platforms, operating systems or other mobile, consumer electronics or other device apps.
● Sale of Our Business or Assets: If we sell all or part of our business or assets or are otherwise involved in a merger or business transfer, we may, in our sole discretion, transfer, sell or assign any or all information to a third party as part of or in connection with that transaction. Upon such a transfer, the privacy policies of the acquiring entity may govern the further collection and use of Personally Identifiable Information and Non-Personally Identifiable Information.
● Legal Reasons: We may use or disclose information to cooperate with or enlist the support of law enforcement, government or regulatory bodies, content protection organizations or judicial processes with respect to, or to prevent, suspected or possible fraud or other suspected or possible illegal activities. We may also use or disclose information as we determine appropriate to the extent that records have been subpoenaed or otherwise in connection with pending or potential litigation, or to enforce or protect the rights or safety of Online Services users, us or others, or for risk management purposes.
The Online Services are not designed or intended for use by children under 13, and thus if you are under 13 we ask that you do not use the Online Services or provide us with any information. If we discover that we have inadvertently gathered any such information then we will make reasonable efforts to delete such information from our records. If a parent or guardian becomes aware that his or her child under 13 has provided us with information without his or her consent, he or she should contact us at privacy@AIVAinc.com.
California minors under 18 years old may request the removal of any information that they posted to the Online Services by contacting privacy@AIVAinc.com. Upon such request, we will anonymize or remove from public view any content posted by a minor to one of the Online Services, unless required by law to retain such content or information.
7. HOW WE PROTECT INFORMATION
We maintain procedural, technical and physical safeguards for the Online Services to help protect against loss, misuse or unauthorized access, disclosure, alteration or destruction of the Personally Identifiable Information you provide via the Online Services. Unfortunately, no transmission of data is guaranteed to be completely secure. It may be possible for third parties not under our control to intercept or access transmissions or private communications unlawfully. Therefore, any transmission of Personally Identifiable Information to us is made at your own risk. If you believe that your interaction with us is no longer secure, please notify us using the contact details below.
Usernames & Passwords
It is important that you protect and maintain the security of any account and that you notify us immediately of any unauthorized use of any AIVA account. Do not disclose your password to anyone else.
Protecting Health Information
As a provider of hosted, electronic health record solutions, AIVA customers are health care providers and subject to laws and regulations governing the use and disclosure of PHI. In the United States, the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health of 2009 (“HITECH”), along with the regulations adopted under those statutes, and similar state laws (where those laws are more stringent than HIPAA) govern the handling of PHI. Health care providers are considered to be Covered Entities under HIPAA and are subject to its rules regarding PHI. If a provider delegates some of its work to a third party, and that party must access PHI in order to perform the work, then such party is considered by HIPAA to be a Business Associate and is subject to the same rules regarding the protection of PHI as the Covered Entity. To enforce protection, HIPAA requires Covered Entities to execute a “Business Associate Agreement” or ”BAA” with each of its Business Associates. Our U.S.-based customers are required to sign a BAA with us. As a Business Associate, we are required to use reasonable and appropriate measures to safeguard the confidentiality, integrity and accessibility of PHI that is stored and processed on behalf of Covered Entities. From time to time, the terms of AIVA’s standard BAA may be posted on the Online Services.
8. YOUR RIGHTS AND CHOICES
Advertising/Cookies and Similar Technologies
Access and Correction
In addition to the functionality provided to you via the Online Services (such as using "account settings" for registered users), where legally required we provide online visitors with access to their Personally Identifiable Information and the ability to review, update and correct it. Some access requests may be subject to a small fee. To help your privacy and security, we will take reasonable steps to verify your identity, such as requiring a password and user ID, and possibly photo ID before granting access to Personally Identifiable Information about you. Please contact privacy@AIVA.com for more information about exercising these rights.
Data Retention and Deletion
We may retain your data for as long as you use the Online Services and for a reasonable time thereafter. If you'd like to delete, modify or update the Personally Identifiable Information that you provided via the Online Services please use the settings on the Online Services or contact us at privacy@AIVAinc.com and we will respond in a reasonable time. Please note that some or all of this data may be required in order for the Online Services to function properly, and we may be required to retain certain information by law.
9. CONSENT TO PROCESSING AND TRANSFER OF INFORMATION ABOUT YOU
The Online Services are governed by and operated in accordance with, the laws of the United States. AIVA makes no representation that the Online Services are governed by or operated in accordance with the laws of any other nation.
If you are located outside of the United States, please be aware that information we collect, including Personally Identifiable Information, may be transferred to, processed, stored and used in the United States. Under United States law, your Personally Identifiable Information may be subject to access requests from governments, courts, or law enforcement in the United States.
10. IMPORTANT INFORMATION FOR CALIFORNIA RESIDENTS
Residents of the State of California may request a list of all third parties to which our Online Services have disclosed certain personal information (as defined by California law) during the preceding year for those third parties' direct marketing purposes. If you are a California resident and want such a list, please contact us at AIVA, Attn: Legal Department, 8601 Beverly Blvd, West Hollywood, CA 90048. For all requests, you must put the statement "Your California Privacy Rights" in the body of your request, as well as your name, street address, city, state, and zip code. In the body of your request, please provide enough information for us to determine if this applies to you. You need to attest to the fact that you are a California resident and provide a current California address for our response. Please note that we will not accept requests via the telephone, email, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
DO NOT TRACK
AIVA does not currently take actions to respond to Do Not Track signals. When a uniform technological standard has been developed, AIVA will reconsider. We continue to review new technologies and may adopt a standard once one is created.
11. LINKS TO OTHER WEBSITES AND SERVICES
13. CONTACT US