KALYPSYS PRIVACY POLICY
Effective Date: December 1, 2020
You are a valued customer of Kalypsys (“Kalypsys,” “us” or “we”) and we take your privacy very seriously. This Privacy Policy (“Policy”) is intended to inform you about the information we may collect from you or that you may provide to us, and our practices for collecting, using, maintaining, protecting, and disclosing that information. This Policy applies to both personal and non-personal information which Kalypsys may collect and use depending on how you choose to interact with our website, www.kalypsys.com (the “Website”), related websites, applications, and services owned and operated by Kalypsys and that link to this Privacy Policy, including our services to facilitate your search for healthcare providers and to book medical appointments (collectively, the “Services”). BY USING OR ACCESSING THE SERVICES IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU ACCEPT THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY, AND YOU HEREBY CONSENT THAT WE WILL COLLECT, USE, AND SHARE YOUR INFORMATION IN THE FOLLOWING WAYS. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, YOU MAY NOT USE THE SERVICES. IF YOU USE THE SERVICES ON BEHALF OF SOMEONE ELSE (SUCH AS YOUR CHILD) OR AN ENTITY (SUCH AS YOUR EMPLOYER), YOU REPRESENT THAT YOU ARE AUTHORIZED BY SUCH INDIVIDUAL OR ENTITY TO ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF. Please also refer to the Mandatory Terms of Use, which are expressly incorporated as if fully recited herein, if you have not already done so. Unless otherwise defined herein, all terms have the meanings they are assigned in the Mandatory Terms of Use. Please be assured that Kalypsys will only use your information in accordance with this Policy.
INFORMATION WE COLLECT
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or device (“personal information”). In particular, we may have collected the following categories of personal information from consumers within the last twelve (12) months:
  1. Identifiers, for example your real name, email address, telephone number, postal address, online identifier, user ID, device ID, domain server, type of device/operating system, browser used to access our services, Internet Protocol address, account name, driver's license number, passport number, or other similar identifiers.
  2. Biographical, medical and insurance information, for example education, employment, employment history, health insurance information, medical history and health information you provide us, including health conditions, healthcare providers visited, reasons for visit, dates of visit, booking and appointment data (including appointment date/time, provider information, appointment procedure, whether or not user is a new patient for a particular provider). Some information included in this category may overlap with other categories.
  3. Protected classification characteristics, for example age, race, ethnicity, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
  4. Internet or similar network activity, for example browsing history, search history, information on your interaction with the Website, application, or advertisement, referring webpage/source through which you access our services, non-identifiable request IDs, and statistics associated with the interaction between device or browser and our services.
  5. Geolocation data, for example the approximate location (city and state) of the device from which you access our Services.
  6. Other identifying information that you voluntarily chose to provide, for example personal data in emails, letters or online forms that you send or submit to us.
We obtain the categories of personal information listed above from the following categories of sources:
  • Directly from our customers or their agents. For example, from information that our customers provide to us related to the services for which they engage us.
  • Indirectly from Healthcare Providers or their agents. For example, through information we collect from Healthcare Providers in the course of providing services to them.
  • Directly and indirectly from activity on our Website. For example, from submissions through our Website portal or Website usage details collected automatically.
  • From third-parties that interact with us in connection with the Services we perform.
PROTECTED HEALTH INFORMATION AND HIPAA
Certain medical, health and/or health-related information that Kalypsys collects about you as part of providing the Services to you may be considered “protected health information” or “PHI” under the Health Insurance Portability and Accountability Act (“HIPAA”). Specifically, when Kalypsys, acting as a “Business Associate” (as such term is defined in HIPAA) receives identifiable information about you from or on behalf of you, or your healthcare specialist, professional, provider, organization or agent or affiliate thereof (collectively, “Healthcare Providers”), this information is considered PHI. Personal data that you provides to us outside of the foregoing context is not PHI. For example, when you create an account with us, interact with the Website, search for Healthcare Providers or available appointments with Healthcare Providers, or when you voluntarily provide information in free-form text boxes through the Website or through responses to surveys and questionnaires, or post reviews; or when you send us an email or otherwise contact us, that information is not PHI.
HIPAA provides specific protections for the privacy and security of PHI and restricts how PHI is used and disclosed. We may only use and disclose PHI in the ways permitted by your Healthcare Provider(s) or authorized by you. Please also refer to our HIPAA BA Policy, which is expressly incorporated as if fully recited herein, if you have not already done so.
USE OF PERSONAL INFORMATION
We may use or disclose the personal information we collect for one or more of the following business purposes:
  • To fulfill or meet the reason for which the information is provided. For example, if you provide us with personal information in order for us to provide you with a selection of Healthcare Providers relevant to the criteria you input, we will use that information to prepare and submit to you a selection of such Healthcare Providers.
  • To provide you with information, products or services that you request from us.
  • To provide you with email alerts and other notices concerning our products or services, or events or news, that may be of interest to you.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
  • To improve our Website and present its contents to you.
  • For testing, research, analysis and development of service offerings.
  • As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred or impacted.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
SHARING PERSONAL INFORMATION
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
In the preceding twelve (12) months, we have or may have disclosed the following categories of personal information for a business purpose:
  1. Identifiers.
  2. Biographical, medical and insurance information.
  3. Protected classification characteristics.
  4. Internet or similar network activity.
  5. Geolocation data.
  6. Other identifying information that you voluntarily chose to provide.
We disclose your personal information for a business purpose to the following categories of third parties:
  • Our affiliates.
  • Service providers, including Healthcare Providers.
  • Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.
In the preceding twelve (12) months, we have not sold any personal information.
YOUR RIGHTS
If you are a registered user of our Services, you can modify the personal data that you provided to us or account information by logging in and accessing your account. If you wish to close your account or delete all data that you provided to us, please email us at hello@kalypsys.com. Kalypsys will use reasonable efforts to delete your account and all associated data as soon as reasonably possible. Please note, however, that Kalypsys reserves the right to retain information from closed accounts consistent with all internal data retention policies and procedures.
To the extent required by the CAN-SPAM Act, or other similar domestic and international regulation, commercial e-mail messages sent by Kalypsys will also provide you with an opportunity to opt-out of receiving this information. Please note that changes to your preferences may not be effective immediately and will only be effective prospectively. If you opt-out, Kalypsys will also retain the minimal information necessary for reference in an effort to ensure that you are not contacted in the future. Any requests regarding your data will be handled within any required period under applicable law.
You must promptly notify us if any of your account data is lost, stolen or used without permission, or if your password has been otherwise compromised.
CALIFORNIA PRIVACY RIGHTS
If you a California resident, please refer to our Privacy Notice to California Residents, which is expressly incorporated as if fully recited herein.
NON-DISCRIMINATION
We will not discriminate against you for exercising any of your rights under this Privacy Policy. In that regard, we will not take the following actions in response to you exercising your rights under this Privacy Policy, unless permitted by the applicable law:
  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
CHILDREN
While the Website and the Services are not directed to individuals under the age of 18 (“Children”), nor does it contain information which would be potentially harmful to minors in any way, Kalypsys is committed to the protection of the online privacy of Children as well as parental control over information collected from Children online. It is our policy never to knowingly collect or maintain information about any person under the age of 18 and visitors to the Website under the age of 18 should not disclose or provide any personally identifiable information. In the event that Kalypsys discovers that a child under the age of 18 has provided personally identifiable information to us, we will delete the child’s personally identifiable information in accordance with the Children’s Online Privacy Protection Act of 1998. Please see the Federal Trade Commission’s website for this act http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/ for more information. Parents or guardians who are concerned about information possibly submitted to Kalypsys by their Children should contact hello@kalypsys.com for assistance in identifying and removing any such data. Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.
DO NOT TRACK
Kalypsys does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser provider may allow you to set the DNT signal. For example, Safari allows you to set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked. If you would like to learn how to set Safari so that websites do not track you, go here: https://support.apple.com/kb/PH21416 . With this option turned on, each time Safari loads content from a website, Safari adds a request not to track you, but it’s up to the website to honor this request. If using an Apple device, Choose Safari > Preferences, click Privacy, then select “Ask websites not to track me.” For other devices and browsers, check with your provider for instructions.
PROTECTION OF INFORMATION
We use reasonable physical, technical, and administrative measures to safeguard information in our possession against loss, theft and unauthorized use, disclosure, or modification. Please note, however, that no data transmission or storage can be guaranteed to be 100% secure. As a result, while we strive to protect the information we maintain, we cannot ensure, guaranty or warrant the security of any information that you transmit to us or that we transmit to you.
RETENTION OF INFORMATION
We endeavor not to retain information about you in an identifiable and non-anonymized form for longer than necessary in relation to the purposes for which they are processed or for as long as we maintain an ongoing relationship with you, plus the duration of any applicable statute of limitations period in which we may be subject to a legal claim. If any claim, legal process, or enforceable government request is brought, we may continue to retain your information for an additional time as necessary to protect our legal interests or to comply with any applicable law, regulation, legal process or enforceable governmental request.
We reserve the right to and may retain information about you beyond the above retention criteria for statistical purposes, and information retained for such purposes will be in an anonymized form that is not identifiable to you.
THIRD-PARTY WEBSITES AND SERVICES
Our Services may link to websites or other online services operated by third-party companies. We are not responsible for the privacy practices of these third parties. Once you have left our Services, you should check the applicable privacy policy of the third party website or service to determine how the third party will handle any information it collects from you.
CHANGES TO OUR PRIVACY NOTICE
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage. You will also be able to determine the date that the privacy policy has become effective, by viewing the Effective Date at the top of this document.
CONTACT INFORMATION
If you have any questions or comments about our Privacy Policy, the ways in which we collect and use your personal information, your choices and rights regarding such use, please do not hesitate to contact us at:
Email: hello@kalypsys.com
Postal Address: Kalypsys, LLC
c/o Wilson Elser
Attn: Neil Prupis
200 Campus Drive
Florham Park, NJ 07932