Privacy Policy

Effective date: November 1, 2020

At August Health, we take your privacy seriously. Please read this Privacy Policy to learn how we treat your personal data that we gather when you use or access our Services. This Privacy Policy is meant to help users of our Services, who may include personnel of assisted living homes, senior living communities and other facilities that use our Services (those personnel, “Personnel” and those entities, “Clients,” respectively), residents of our Clients (“Residents”), those Residents’ family members or other individuals acting on the Residents’ behalf (each, a “Resident Representative”) or other individuals authorized by our Clients to use our Services (collectively with Residents and Resident Representatives, “Authorized Users”), understand how we treat personal information. Except where expressly stated, references to “you” or “your” in this Privacy Policy refer to any user of our Services. BY USING OR ACCESSING OUR SERVICES IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU ACCEPT THE PRACTICES AND POLICIES OUTLINED BELOW, AND YOU HEREBY CONSENT THAT WE WILL COLLECT, USE AND SHARE YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. IF YOU USE THE SERVICES ON BEHALF OF SOMEONE ELSE (SUCH AS A RESIDENT) OR AN ENTITY (SUCH AS YOUR EMPLOYER), YOU REPRESENT THAT YOU ARE AUTHORIZED BY SUCH RESIDENT OR ENTITY TO ACCEPT THIS PRIVACY POLICY ON SUCH RESIDENT’S OR ENTITY’S BEHALF.

Please note that the Services are currently only available to U.S. citizens or permanent residents age 18 and older. You may not use the Services if you are under the age of 18 or not a U.S. citizen or permanent resident.

Remember that your use of August Health's Services is at all times subject to our Terms of Use, which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.

You may print a copy of this Privacy Policy. If you have a disability, you may access this Privacy Policy in an alternative format by contacting support@augusthealth.com.

PRIVACY POLICY TABLE OF CONTENTS

WHAT THIS PRIVACY POLICY COVERS

This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Services. “Personal Data” means any information that identifies or relates to a particular individual, including Residents, and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules or regulations. This Privacy Policy does not cover the practices of companies we don’t own or control or people we don’t manage.

Certain demographic, health and/or health-related information that we collect about Residents from Clients as part of providing the Services may be considered “protected health information” or “PHI” under the Health Insurance Portability and Accountability Act (“HIPAA”). Specifically, when August Health, acting as a “Business Associate” (as such term is defined in HIPAA) receives identifiable information about a Resident from or on behalf of a Health Care Provider, this information is considered PHI. HIPAA provides specific protections for the privacy and security of PHI and restricts how PHI is used and disclosed. August Health may only use and disclose PHI in compliance with HIPAA and as permitted by a Resident’s Health Care Provider(s).

PERSONAL DATA

Categories of Personal Data We Collect

The charts below detail the categories of Personal Data that we collect and have collected over the past 12 months:

A. Client Personal Data

The Services permit our Clients (and their Personnel) and parties they authorize, access or authenticate, including Residents, Resident Representatives and other Authorized Users, to collect certain Personal Data from and/or about Residents for their own purposes (“Client Personal Data”). For example, Personnel may collect certain Client Personal Data when a Resident first joins a Client’s community and continue to do so while that Resident resides in the Client’s community. We collect this Client Personal Data only on behalf of each Client. The collection, use and disclosure of Client Personal Data will be governed by the applicable Client’s policies, including its privacy policy. Each Client is responsible for all Personnel and Authorized User activity in connection with the Services, including obtaining all necessary consents or approvals, and providing all necessary notices. The Client Personal Data that we collect depends on the particular Services and the particular Client.

Client Personal Data may include:

Category of Personal Data Examples of Personal Data We Collect Categories of Third Parties With Whom We Share this Personal Data:
Identifiers
  • Social security number
  • Cultural or social identifiers
  • Clients
  • Personnel
  • Authorized Users
  • Service Providers
  • Analytics Partners
  • Parties You Authorize, Access or Authenticate
Commercial Data
  • Records of personal property
Consumer Demographic Data
  • Age / date of birth
  • Zip code
  • Gender
  • Race
  • Ethnicity
  • Political opinions
  • Religious beliefs
Professional or Employment-Related Data
  • Job history
Sensory Data
  • Photos, videos or recordings of your environment
Health Data
  • Health data
  • Medical conditions
  • Weight
  • Health or exercise activity monitoring
  • Mental health information
  • Medical insurance information
Inferences Drawn From Other Personal Data Collected
  • Profiles reflecting user attributes, behavior, preferences or abilities/aptitudes
B. Cookies and Information Collected Automatically

We collect the following information automatically (e.g., through cookies) when you use or interact with the Services:

Category of Personal Data Examples of Personal Data We Collect Categories of Third Parties With Whom We Share this Personal Data:
Device/IP Data
  • IP address
  • Device ID
  • Domain server
  • Type of device/operating system/browser used to access the Services
  • Service Providers
  • Analytics Partners
  • Parties You Authorize, Access or Authenticate
Web Analytics
  • Referring webpage/source through which you accessed the Services
  • Non-identifiable request IDs
  • Statistics associated with the interaction between device or browser and the Services

The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser, tell us how and when you visit and use our Services, analyze trends, learn about our user base and operate and improve our Services. Cookies are small pieces of data – usually text files – placed on your computer, tablet, phone or similar device when you use that device to access our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s). Please note that because of our use of Cookies, the Services do not support “Do Not Track” requests sent from a browser at this time.

We use the following types of Cookies:

You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work.

To explore what Cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu. To find out more information about Cookies, including information about how to manage and delete Cookies, please visit http://www.allaboutcookies.org/.

C. Other Categories of Personal Information

We may also collect other categories of personal information about you to enable use of the Services, including:

Category of Personal Data Examples of Personal Data We Collect Categories of Third Parties With Whom We Share this Personal Data:
Profile or Contact Data
  • First and last name
  • Email
  • Phone number
  • Unique identifiers such as passwords
  • Service Providers
  • Parties You Authorize, Access or Authenticate
Payment Data
  • Payment card type
  • Payment card number (full number)
  • Last 4 digits of payment card
  • Billing account information, address, phone number, and email
Online Identifiers
  • Unique identifiers such as account name and passwords
  • Other unique personal or online identifiers
Other Identifying Information that You Voluntarily Choose to Provide
  • Identifying information in emails or letters you send us
Categories of Sources of Personal Data

We collect Personal Data about you from the following categories of sources:

Legal Obligations

We may share any Personal Data that we collect with third parties in conjunction with any of the activities set forth under “Meeting Legal Requirements and Enforcing Legal Terms” in the “Our Commercial or Business Purposes for Collecting Personal Data” section above.

Business Transfers

All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices. Any such third party will assume the rights and obligations regarding your Personal Data described in this Privacy Policy.

Data that is Not Personal Data

We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and share it with third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not share such data in a manner that could identify you.

DATA SECURITY AND RETENTION

We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure. We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you with our Services. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.

PERSONAL DATA OF CHILDREN

We do not knowingly collect or solicit Personal Data about children under sixteen (16) years of age; if you are a child under the age of sixteen (16), please do not attempt to register for or otherwise use the Services or send us any Personal Data. If we learn we have collected Personal Data from a child under sixteen (16) years of age, we will delete that information as quickly as possible. If you believe that a child under sixteen (16) years of age may have provided Personal Data to us, please contact us at support@augusthealth.com.

CALIFORNIA RESIDENT RIGHTS

If you are a California resident, you have the rights set forth in this section. Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights. Please note that we may process Personal Data of our Clients’ end users, including Personnel, Residents or other Authorized Users, in connection with our provision of certain services to our Clients. If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data.

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at support@augusthealth.com.

Access

You have the right to request certain information about our collection and use of your Personal Data over the past 12 months. In response, we will provide you with the following information:

If we have disclosed your Personal Data to any third parties for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third party recipient. If we have sold your Personal Data over the past 12 months, we will identify the categories of Personal Data sold to each category of third party recipient.

Deletion

You have the right to request that we delete the Personal Data that we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.

Exercising Your Rights

To exercise the rights described above, you or your Authorized Agent (defined below) must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Data, and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request. We may require a notarized affidavit to verify your identity.

We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.

You may submit a Valid Request using the following methods:

You may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.

Personal Data Sales

We will not sell your Personal Data, and have not done so over the last 12 months. To our knowledge, we do not sell the Personal Data of minors under 16 years of age. We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.

OTHER STATE LAW PRIVACY RIGHTS

California Resident Rights

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at support@augusthealth.com.

Nevada Resident Rights

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us at support@augusthealth.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.

CHANGES TO THIS PRIVACY POLICY

We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time, but we will alert you to any such changes by placing a notice on the August Health website, by sending you an email and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

CONTACT INFORMATION

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data or your choices and rights regarding such collection and use, please do not hesitate to contact us at: