Effective Date: December 15, 2018

1. Introduction and Overview

This Privacy Statement describes how Cherokee Women’s Health Specialists, PC (“CWHS”, “Practice,” “we,” “our,” or “us”) collects, uses, and shares information about you and applies to your use of any online service location that posts a link to this Privacy Statement and all features, content, and other services that we own, control and make available through such online service location (collectively, the “Service”). This Privacy Statement does not apply to our data collection activities offline or otherwise outside of our Service (unless otherwise stated below or at the time of collection). 

By using our Service, you agree to our Terms of Use and consent to our collection, use and disclosure practices, and other activities as described in this Privacy Statement. If you do not agree and consent, discontinue use of the Service.

For our privacy practices regarding your protected healthcare information see our Notice of Privacy Practices.

2. Collection of Information

A. Information You Provide To Us.

We collect information you provide directly to us via the Service. For example, we collect information when you use or register for our Service, subscribe to our notifications, book an appointment, leave a review, send a message to a specialist, access our Patient Portal, apply for a job, or otherwise communicate with us through the Service.

The information we collect may include Personal Information. “Personal Information” is information that can be used to identify you and/or any other individuals (whether alone or in combination), such as your first and last name, e-mail address, home address, work address, telephone number, insurance information, age, gender, preferences, interests, and favorites. Personal Information may also include sensitive information, such as present and future health status, and genetic information.

You may choose to voluntarily submit certain other information to us through the Service, including Personal Information, but you are solely responsible for your own Personal Information in instances where we have not collected such information or requested that you submit such information to us.

Personal Information once “de-identified” will not be subject to this Privacy Statement and we and our Service Providers (defined below) may treat it as non-Personal Information and use it without obligation to you except as prohibited by applicable law.

B. Information We Collect Automatically.

We and our Service Providers may automatically collect certain information about you when you access or use our Service (“Usage Information”). Usage Information may include your IP address, device identifier, Ad ID, browser type, domain names, operating system characteristics, data regarding network connected hardware (e.g., computer or mobile device), and information about your use of our Service, such as access times, duration of your visit, and how you arrived at our Service. Except to the extent required by applicable law, Practice does not consider Usage Information to be Personal Information.

However, Usage Information may be combined with your Personal Information. To the extent that we combine Usage Information with your Personal Information, we will treat the combined information as Personal Information under this Privacy Statement.

The methods that we and our Service Providers may use to collect Usage Information include:

• Log Information: We collect information about your use of our Service, such as IP address, browser type, Internet service provider, referring/exit pages, operating system, date/time stamps, and related data, and store it in log files.

• Information Collected by Cookies and Other Tracking Technologies: We may use cookies, web beacons (also known as “tracking pixels”), embedded scripts, location-identifying technologies, in-app tracking methods, and other tracking technologies now and hereafter developed (“Tracking Technologies”) to collect information about interactions with our Service or e-mails, including information about your browsing and purchasing behavior.

o Cookies

A cookie is a text file that is placed on your hard disk by a web page server. We use both session ID cookies and tracking cookies. Session cookies make it easier for you to navigate our Service and expire when you close your browser. Tracking cookies help us understand how you use the Service, and enhance your user experience. Cookies remain on your hard drive for an extended period of time. If you use your browser’s method of blocking or removing cookies, some features and functionalities of our Service may not work.

o Web Beacons (“Tracking Pixels”)

Web beacons are small graphic images, also known as “Internet tags” or “clear gifs,” embedded in web pages and e-mail messages. Web beacons may be used to count the number of visitors to our Service, to monitor how users navigate the Service, and to count how many particular articles or links were actually viewed.

o Embedded Scripts

An embedded script is programming code designed to collect information about your interactions with the Service. It is temporarily downloaded onto your computer from our web server or a third party with whom we work, is active only while you are connected to the Service, and deleted or deactivated thereafter.

o Location-identifying Technologies

GPS (global positioning systems) software and other location-based technologies locate you for purposes such as verifying your location and delivering relevant content based on your location.

o In-App Tracking Methods

There are a variety of Tracking Technologies that may be included in mobile applications, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifiers, or other identifiers such as “Ad IDs” to associate app user activity to a particular app.

We are giving you notice of the Tracking Technologies and your choices regarding them explained in Sections 8 and 9, so that your consent to encountering them is meaningfully informed.

C. Information from Other Sources.

We may also obtain information about you from other sources and combine that with information we collect about you. To the extent we combine such third party sourced information with Personal Information we collect directly from you on the Service, we will treat the combined information as Personal Information under this Privacy Statement. We are not responsible for the privacy statements or content from third parties or on any other services.

3. Use of Information

We use information about you to operate our Service and deliver the services you have requested. In addition, we may use information about you for any purposes not inconsistent with our statements under this Privacy Statement or prohibited by applicable law, including to:

• Facilitate, manage, personalize and improve your online experience;

• Transact with you, respond to your comments, questions and requests, provide customer service, send you informational notices, and contact you if we need to obtain or provide additional information;

• Conduct research and analysis, including focus groups and surveys about your opinion of current services or of potential new services;

•  Prevent and address fraud, breach of policies or terms and threats or harm; and

• Send you advertisements and communicate with you regarding our and third party products, services, offers, promotions, rewards and events we think you may be interested in (for information about how to manage these communications, see Section 9).

4. Sharing of Information

Our agents, vendors, consultants, and other service providers (collectively “Service Providers”) may receive, or be given access to your information, without limitation, Personal Information and Usage Information, in connection with their work on our behalf. These Service Providers are prohibited from using your Personal Information for any purpose other than to provide this assistance and they are required to maintain the confidentiality of your information. We may also share information about you as follows:

• To comply with the law, law enforcement or other legal process, and except as prohibited by applicable law, in response to a government request;

• To protect the rights, property, life, health, security and safety of us, the Service or any third party;

• To perform statistical analysis, send you e-mail or postal mail, provide customer support, or arrange for deliveries;

• With our business partners, affiliates and other third parties for purposes of sending their own marketing, with your consent (as provided at the time of data collection or when you agreed to the practices set forth in this Privacy Statement);

• With our affiliates for internal business purposes; and

• In connection with, or during negotiations of, any proposed or actual merger, purchase, sale or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another company.

We do not sell, rent or lease our customer lists to third parties. Our practices with respect to sharing of your protected health information are set forth in our Privacy Policy for Protected Health Information.

Without limiting the foregoing, in our sole discretion, we may share aggregated information which does not identify you or de-identified information about you with third parties or affiliates for any purpose.

5. Sweepstakes, Contests, and Promotions

We may offer sweepstakes, contests, surveys, and other promotions (each, a “Promotion”) jointly sponsored or offered by third parties that may require submitting Personal Information. If you voluntarily choose to enter a Promotion, your Personal Information may be disclosed to third parties for administrative purposes and as required by law (e.g., on a winners list). By entering, you are agreeing to the official rules that govern that Promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other parties to use your name, voice and/or likeness in advertising or marketing materials.

6. Information You Disclose Publicly or to Others

The Service may permit you to submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other content, including Personal Information (collectively, “User Content”), such as message boards, and in association with your account. We or others may store, display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you. Please keep in mind that if you share User Content, others have the ability to access and share it with third parties. Practice is not responsible for the privacy, security, accuracy, use, or misuse of any User Content that you disclose or receive from third parties via our Service.

7. Third Party Services and Social Features

Our Service includes hyperlinks to websites, locations, platforms, or services operated by third parties (“Third Party Service(s)”). These Third Party Services may use their own cookies, web beacons, embedded scripts, location-identifying technologies, in-app tracking methods, and other Tracking Technologies to independently collect information about you and may solicit Personal Information from you.

Certain functionalities on the Service permit interactions that you initiate between the Service and certain Third Party Services, such as third party social networks (“Social Features”). Examples of Social Features  include “liking” or “sharing” our content and otherwise connecting our Service to a Third Party Service. If you use Social Features, and potentially other Third Party Services, information you post or provide access to may be publicly displayed on our Service or by the Third Party Service that you use. Similarly, if you post information on a Third Party Service that references our Service (e.g., by using a hashtag associated with Practice in a tweet or status update), your post may be used on or in connection with our Service. Also, both Practice and the third party may have access to certain information about you and your use of our Service and the Third Party Service. To the extent we combine information from Third Party Services with Personal Information we collect directly from you on the Service, we will treat the combined information as Personal Information under this Privacy Statement.

The information collected and stored by third parties remains subject to their privacy practices, including whether they continue to share information with us, the types of information shared, and your choices on what is visible to others on Third Party Services. We are not responsible for and make no representations regarding the policies or business practices of any third parties or Third Party Services and encourage you to familiarize yourself with and consult their privacy policies and terms of use.

8. Analytics Services, Advertising, and Online Tracking

We may engage and work with third parties to serve advertisements on our behalf on the Service and/or on Third Party Services and to provide analytics services about the use of our Service and the performance of our ads and content on Third Party Services. In addition, we may participate in online advertising networks and exchanges that display relevant advertisements to our Service visitors, on the Service and on Third Party Services, based on their interests as reflected in their browsing of the Service and certain Third Party Services. These entities may use cookies and other Tracking Technologies to automatically collect information about you and your activities, such as registering a unique identifier for your device and tying that to your online activities on and off of our Service. We may use this information to analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on the Service and Third Party Services and better understand your online activity.

Some information about your use of the Service and certain Third Party Services may be collected using Tracking Technologies across time and services and used by Practice and third parties for purposes such as to associate different devices you use, and deliver relevant and retargeted ads (“Interest-based Ads”) and/or other content to you on the Service and certain Third Party Services.

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note there is not yet an industry consensus as to what site and app operators should do with regard to these signals. Accordingly, we do not monitor or take action with respect to “Do Not Track” signals or other mechanisms.

You may have certain choices regarding Tracking Technologies as explained in Section 9.

9. Your Choices

A. Accessing and Changing Information.

You may access, review, correct, update, and remove or make inaccessible Personal Information you have submitted to us by contacting us at privacyofficer@cherokeewomenshealth.com. We will make a good faith effort to make the changes in Practice’s then-active databases as soon as practicable, but it may not be possible to completely change your information. We reserve the right to retain data as required by applicable law; and for so long as reasonably necessary to fulfill the purposes for which the data is retained as permitted by applicable law (e.g., business records).

B. Tracking Technologies Generally.

Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately. Please be aware that if you disable or remove these technologies some parts of the Service may not work and that when you revisit the Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.

C. Analytics Services and Interest-Based Ads.

We may use Google Analytics or other Service Providers for analytics services. You may exercise choices regarding the use of cookies from Google Analytics by going to https://tools.google.com/dlpage/gaoptout or downloading the Google Analytics Opt-out Browser Add-on.

Certain companies may participate in the Digital Advertising Alliance (“DAA”) AdChoices Program and may display an Advertising Option Icon for Interest-based Ads that links to an opt-out tool which allows you to exercise certain choices regarding targeting. You can learn more about the DAA AdChoices Program at http://www.youradchoices.com/ and its opt-out program for mobile apps at http://www.aboutads.info/appchoices. In addition, certain advertising networks and exchanges may participate in the Network Advertising Initiative (“NAI”). NAI has developed a tool that allows consumers to opt out of certain Interest-based Ads delivered by NAI members’ ad networks. To learn more about opting out of such targeted advertising or to use the NAI tool, see http://www.networkadvertising.org/choices/. Please be aware that such opt-outs do not affect nontargeted ads. We are not responsible for the effectiveness of, or compliance with, any third-parties’ optout options or programs or the accuracy of their statements regarding their programs. However, we support the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising available at http://www.iab.net/media/file/ven-principles-07-01-09.pdf and expect that ad networks Practice directly engages to serve you Interest-based Ads will do so as well, though we cannot guaranty their compliance.

D. Communications.

You can opt out of receiving certain promotional communications (e-mails, text messages, push notifications) from us at any time by (i) for promotional e-mails, following the instructions as provided in e-mails to click on the unsubscribe link or by changing your communication preferences by logging onto your account; (ii) for text messages, following the instructions as provided in text messages from us to text the word, “STOP”; and (iii) for push notifications or in-app messages, adjusting the permissions in your mobile device. Please note that your opt-out is limited to the e-mail address, phone number, or device used and will not affect subsequent subscriptions or non-promotional communications, such as such as administrative and service announcements.

10. Your California Privacy Rights

California’s “Shine the Light” law permits customers in California to request certain details about how certain types of their information are shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. Under this law, a business must either provide California customers certain information upon request or permit California customers to opt-in to, or optout of, this type of sharing.

We may from time to time, with your consent, elect to share certain information about you collected by us on the Service with third parties for those third parties’ direct marketing purposes. If you are a California resident, you may opt out of such future sharing by contacting us at privacyofficer@cherokeewomenshealth.com or by sending a letter to Cherokee Women’s Health Specialists, PC, 216 Riverstone Drive, Canton, GA 30114.   Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address or mail address.

11. Children’s Privacy

Our Service is not intended for nor targeted toward children under the age of thirteen (13). We do not knowingly collect personal information as defined by the U.S. Children’s Privacy Protection Act (“COPPA”) from children under the age of thirteen (13), and if we learn that we have collected such information, we will delete the information in accordance with COPPA. If you are a child under the age of thirteen (13), you are not permitted to use the Service and should not send any information about yourself to us through the Service. If you are a parent or guardian and believe we have collected information in a manner not permitted by COPPA, please contact us at privacyofficer@cherokeewomenshealth.com.

12. Data Security

We take reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Nevertheless, transmission via the Internet is not completely secure and we cannot guarantee the security of your information collected through our Service.

13. International Transfer

We are based in the U.S. and the information we collect is governed by U.S. law. If you are accessing the Service from outside of the U.S., please be aware that information collected through the Service may be transferred to, processed, stored and used in the U.S. Data protection laws in the U.S. may be different from those of your country of residence. Your use of the Service or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing and storage of your information, including Personal Information, in the U.S. as set forth in this Privacy Statement.

12. Changes to This Privacy Statement

We reserve the right to revise and reissue this Privacy Statement at any time. Any changes will be effective immediately upon posting of the revised Privacy Statement. Subject to applicable law, your continued use of our Service indicates your consent to the privacy statement posted. If the changes are material, we may provide you additional notice, to your e-mail address. We encourage you to periodically review this Privacy Statement.

13. Contact Us

For any requests relating to your Personal Information, or if you have any questions about this Privacy

Statement, please contact us at privacyofficer@cherokeewomenshealth.com or by phone at (770) 720-7733, or by postal mail at Cherokee Women’s Health Specialists, PC, 216 Riverstone Drive, Canton, GA 30114.