Privacy Policy

At Children’s Health System of Texas (“CH”), we respect the privacy of others.  This PRIVACY POLICY (this “Privacy Policy”) is intended to explain CH’s privacy practices with respect to the Diabetes Sick Day™ application (the “App”).  This Privacy Policy is also intended to provide you and any person, including your child or ward, helping you access or use the App (collectively, “You” or “Your”) with an overview of the following:

  • the type of information CH collects through the App;
  • how CH collects such information;
  • how CH uses such information;
  • who will have access to such information; and
  • CH’s security measures for protecting such information.

This Privacy Policy only applies to information collected through the App.

Carefully read each and every term and condition of this Privacy Policy in its entirety.  You must agree to the End User License and Terms of Use and Privacy Policy when You download the App.  By accessing or using the App, You are automatically accepting and agreeing to the most-recent version of this Privacy Policy, as well as the App’s End User License and Terms of Use, and Your continuing access or use of the App reaffirms Your acceptance and agreement of the foregoing in each instance.

As used herein, the term “personal information” means information that would allow someone to contact You physically or online, including, for example, Your name, physical address, telephone number, e-mail address, or social security number.  The term “non-personal information” means any information other than personal information that CH may collect from You.

  1. A Special Note About Minors.

    The App is not directed to attract children under thirteen (13) years of age.  CH does not collect personal information through the App from any person it actually knows to be under thirteen (13) years of age.  If CH obtains actual knowledge that it has collected personal information from the App from a person under thirteen (13) years of age, then it will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form.

  2. Categories of Information Collected.

    CH may collect personal and non-personal information about You through the App.

    1. Categories of Information Collected From You.  The categories of personal and non-personal information collected from You through the App might include Your:
      • Name (first, last, and/or middle) and unique identifiers (e.g., username);
      • Login information for the App (e.g., username, password, security questions and answers);
      • Home contact information (e.g., ZIP code, e-mail address, telephone number(s), facsimile number);
      • Business contact information (e.g., company, title, mailing address, e-mail address, mobile and home telephone numbers);
      • Demographic information (e.g., gender, birth date, race);
      • Any other information set forth in an App’s user profile completed by You;
      • Computer, mobile device, and/or web browser information (e.g., IP address, mobile device ID information, operating system, browser type, referring/exist web pages, web page requests, cookie information, hardware attributes, software attributes);
      • Your Health Care Provider’s identity and contact information;
      • Usage activity concerning Your interactions with App (e.g., number of clicks or amount of time spent on a feature); and/or
      • Information about content that You submit to or publish on or through the App.
    2. Categories of Other Information Collected From Your Mobile Device.  If You use Your mobile device to access or use any the App, then other categories of personal and non-personal information collected from You might include:
      • Your name associated with Your mobile device;
      • Your telephone number associated with Your mobile device;
      • Your geolocation;
      • Your mobile device ID information; and/or
      • Information about third-party software applications on Your mobile device (including general software apps, video game apps, and online social media apps).
  3. How Information Is Collected.

    CH might collect personal and non-personal information from You when You register a User Account with the App; when You “sign in” to the App; when You allow the App to access, upload, download, import, or export content found on, or to otherwise interact with, Your mobile device (or any other device You may use to access or use the App) or online accounts with third-party websites, networks, platforms, servers, or applications (e.g., Your online social media accounts, Your cloud drives and servers, or Your mobile device service provider); or whenever CH asks You for such information.

    In addition, if You or a third party sends CH a comment, message or other communication (such as, by way of example only, e-mail, letter, fax, phone call, or voice message) about You, Your activities on or through the App, then CH may collect any personal or non-personal information provided therein or therewith.

    Finally, CH may use various tracking, data aggregation, and data analysis technologies, including, for example cookies, web beacons and/or scripts.  You might be able to adjust Your computer’s, device’s or web browser’s preferences to issue You an alert when a cookie is downloaded, or to disable the use of some or all cookies.  Please be advised that if You choose to reject all cookies, then the App might not function properly.  You acknowledge and agree that You give CH permission to monitor or otherwise track Your activities on the App, and that CH may use the aforementioned and/or other tracking, data aggregation, and data analysis technologies as described herein.

  4. Use of Information Collected.

    CH may use the personal and/or non-personal information it collects from You through the App in a variety of ways, such as to:

    • Facilitate Your use of the App’s products and/or services, including, but not limited to, calculating Your Total Daily Dose, generating a Sick Day Action Plan, and logging Your Sick Day History;
    • Send You communications, for example, administrative e-mails, answers to Your questions, and updates or changes about the App;
    • Carry out our obligations arising from related agreements You have accepted;
    • To construct aggregated de-identified (in accordance with applicable laws and regulations, such as HIPAA) data sets which we may use in whatever manner we see fit;
    • Improve the App and/or its respective content, features, and/or services;
    • Improve CH’s products, services, and/or marketing efforts;
    • Provide You with information about CH and its businesses, products, and services by e-mail or other forms of communication;
    • Provide You with information about third-party businesses, products, and services by e-mail or other forms of communication;
    • Help personalize user experiences with the App and/or its products and/or services;
    • Analyze traffic to and through the App;
    • Analyze user behavior, usage and activity on or through the App, including correlation between App usage and Health Care Provider calls/visits;
    • Conduct research and measurement activities;
    • Monitor the activities of You and others on or through the App;
    • Contact you for feedback regarding the App;
    • Protect or enforce CH’s rights and properties; and/or
    • Protect or enforce the rights and properties of others (which may include You).
  5. Sharing of Information Collected.

    CH may share non-personal, non-identifiable, summary, and/or aggregate data with its partners and other third parties.  CH may also share your personal, identifiable data with its partners and other third parties, including with the University of Texas Southwestern Medical Center (“UTSW”), in order to link Your App data with Your patient records in the EPIC database and determine the efficacy of the App in lowering medical incidents.  CH does not otherwise rent, sell, or share personal information collected through the App with other people except to provide services You’ve requested, when CH has Your permission, or under the following circumstances: in response to subpoenas, court orders, or legal process, or to establish or exercise CH’s legal rights or defend against legal claims; if CH believes it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities; in response to violations of the End User License Agreement and Terms of Use, or as otherwise required by law.

    Notwithstanding the foregoing or anything else herein, in the event of a sale or other transfer of all or substantially all of CH’s assets or capital stock or a sale or other transfer of all or substantially all of CH’s assets or capital stock, any data that You have provided to CH will be transferred and the acquirer will be bound by the promises CH has made to You. 

    CH reserves the right to share Your personal information with its employees, agents, administrators, and legal advisors; and with those third parties who help manage, administer distribute, and/or operate the App, and/or its features (e.g., web hosting companies, website administrators, mobile app distribution platforms, support services companies, credit card or other payment processing companies), as needed in order for them to perform such services.

    CH does not limit the ways in which it may use or share non-personal information because non-personal information does not identify You.  For example, CH may freely share non-personal information with its affiliates, suppliers, and representatives, as well as with other individuals, businesses, and government entities.

  6. Data Retention.

    CH may retain Your personal information for as long as it believes necessary; as long as necessary to comply with its legal obligations, resolve disputes, and/or enforce its agreements; as long as Your member account is active; and/or as long as needed to provide You with the products and/or services of the App.

  7. Third Party Ads, Websites, Networks, Platforms, Servers, and Apps.

    The App and/or any communications sent through or as a function of the App may contain links to third-party websites, networks, platforms, servers, and/or applications.  To the fullest extent permitted by law, CH is not responsible for, and You hereby release CH from any and all liability which may arise from, such third party websites, networks, platforms, servers, and applications (including, without limitation, the privacy policies and practices of such third-party websites, networks, platforms, servers, and applications).

  8. Security.

    We take appropriate physical, technical, and organizational measures to protect Your information from loss, misuse, unauthorized access or disclosure, alteration, and destruction.  When the App sends or receives information, it is done in an encrypted format.   

    Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom You may choose to share the data collected using the App. Therefore, we cannot and do not guarantee that Your information will not be viewed by unauthorized persons.

    TO THE FULLEST EXTENT PERMITTED BY LAW, CH AND ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, ASSIGNS, TRANSFEREES, AND LICENSORS (COLLECTIVELY “AFFILIATED PARTIES”) ARE NOT RESPONSIBLE FOR, AND YOU HEREBY RELEASE CH AND AFFILIATED PARTIES FROM ANY LIABILITY WHICH MAY ARISE FROM, SUCH THIRD PARTIES’ UNAUTHORIZED COLLECTION OF YOUR PERSONAL INFORMATION. 

    CH is not a covered entity under HIPAA with respect to the use and storage of Your personal information on the App, since the App does not transmit data to CH and CH does not access or use data on the App other than during a patient visit for treatment or healthcare operations.  To help maintain the security of Your personal information, CH asks that You please notify it immediately of any unauthorized access or use of the App, or the loss or unauthorized use of Your user access information for the App (e.g., user name, or password).

  9. Retention, Review, and Change of Information Collected.

    You can review and change Your personal information by logging into the App and visiting Your User Account. 

  10. Your California Privacy Disclosures.

    California Civil Code Section 1798.83 permits users of the App who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to mobile@childrens.com.

    CH does not respond to “do not track” (DNT) signals.  CH does not permit other parties to collect PII about an individual consumer’s online activities over time and across different websites when a consumer uses the App.  To the fullest extent permitted by law, CH is not responsible for, and You hereby release CH from any and all liability which may arise from, such third parties’ unauthorized collection of Your personal information.

  11. Modifications of this Privacy Policy.

    This Privacy Policy may be revised from time to time as we add new features and services, as laws change, and as industry or our privacy and security best practices evolve. We display an “Effective Date” at the end of this Privacy Policy. If we make any change to this Privacy Policy regarding use or disclosure of Your information, we’ll notify You either by providing prominent advance notice in the App or by notifying You directly. We encourage You to review this Privacy Policy periodically to stay informed about how we are helping to protect Your information that we collect. Small changes or changes that do not significantly affect individual privacy interests may be made at any time and without prior notice. Your continued use of the App constitutes Your agreement to this Privacy Policy and any updates.

  12. Severability.

    If any term or condition of this Privacy Policy is deemed invalid or unenforceable by a court of law with binding authority, then the remaining terms and conditions shall not be affected, and the court shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Privacy Policy.

  13. Effective Date.

    The effective date of this Privacy Policy is June 30, 2018.

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