MyDirectives

MyDirectives® Privacy Policy

Effective Date: August 1, 2016

This Privacy Policy describes how ADVault, Inc. (“ADVault”) collects and uses the personal information you provide on our website.  As a user of the website www.mydirectives.com (“MyDirectives®“) or the software application MyDirectives MOBILE™ (collectively, the “Applications”), each of which is owned and operated by ADVault, you accept certain risks and responsibilities.  You also have a right to know how we protect your privacy and confidentiality and what you should expect from us.  By downloading, accessing or using the Applications, or providing information to us in connection with the Applications, you agree to the terms and conditions of this Privacy Policy.

Your Role, Responsibilities, and Risks

  • You need to be an informed user of the Applications.  Please read all our policies in full so you know how our service works and how you will interact with the Applications.

  • Understand how we collect data and how it is used.  For example, we may offer programs that collect data for special reasons, such as research, scientific studies, and statistics, in which case you may be interested in participating with consent.

  • Be aware that use of the Applications cannot replace, nor is it intended to serve as, a medical treatment provider-patient relationship.  You should always consult with a professional for diagnosis and treatment for specific health problems.

What You Should Expect

  • We will strive to maintain your privacy, confidentiality, and security at all times.

  • We will not intentionally use any of your medical treatment choices information without your permission.

  • We will notify you of all data collection practices by posting such practices in this privacy policy.

  • We will make you aware when you leave MyDirectives for another website, either by telling you in writing or by another technical mechanism.

Our Security Measures

We seek to use within ADVault reasonable physical, technical and administrative measures to protect the integrity and privacy of the personal information and medical treatment choices information you provide to us.  When you enter sensitive information (such as your health/medical information) in response to our questions, we encrypt the transmission of that information using secure socket layer technology (SSL).  Although we make every reasonable effort to protect personal information and medical treatment choices information from loss, misuse, or alteration by third parties, you should be aware that there is always some risk involved in transmitting information via the Internet, and that hackers or thieves do find ways to thwart security systems.  Please also be aware that we may use third-party cloud service providers (such as ClearDATA) that provide hosting, data storage and other services pursuant to standard terms and conditions that are generally non-negotiable.  These service providers inform us that they apply security measures they consider adequate for the protection of information within their system.  If you have reason to believe that your interaction with the Applications is no longer secure, please notify us immediately by contacting us at info@MyDirectives.com.

Changes in Our Privacy Policy

It is our goal to use personal information and medical treatment choices information in the manner described in the Privacy Policy that is in effect when your information is collected.  We do, however, reserve the right to change the terms of this Privacy Policy at any time.  If we make any material changes, we will notify you by email (sent to the email address specified in your account) or by means of a notice on the MyDirectives website prior to the change becoming effective.  Any changes to this Privacy Policy will become effective when we make the revised Privacy Policy available through the Applications.  Your use of the Applications or the submission of any information in connection with the Applications following such changes means that you accept the revised Privacy Policy.

ADVault Collects and Retains Data

ADVault collects information on its users in different sections of the Applications.  ADVault is interested in user information for the purposes of operating the Applications more efficiently, providing users with more efficient and reliable functionality, and to answer your questions and concerns.

ADVault will retain your information for as long as your account is active or as needed to provide you services. Please contact us if you wish to cancel your account or request that we no longer use your information to provide you services.  We will retain and use your information as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements.  More information on ADVault is available in the About Us section of the Applications.

How We Collect Information

As you set up your profile in the My Account section the Applications, you may be asked for your name, address, telephone number, email address, birth date, social security number or other identification number, depending on where you live, and other personal information.  We refer to this type of information as “personal information” because it can be used to identify or contact you.

We may also collect information about Application use that has nothing to do with you as an individual, only as an anonymous user of the Applications.  We call this information “other information” or “aggregate information” and use it for purposes such as improving the usability, quality, and functionality of the Applications.  We and our third-party service providers may collect other information or aggregate information in a variety of ways, including:

  • Through your device: Certain information is collected automatically through your device, such as your operating system name and version, device manufacturer and model, device identifier, language, the name and version of the software application you are using.  We may use this information for purposes such as ensuring that the Applications function properly and understanding usage of the Applications.

  • Through server log files: As is true of most websites, we gather certain information automatically and store it in log files.  This information includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.  We may combine this automatically collected log information with other information we collect about you.  We do this to improve services we offer you, and to improve marketing, analytics, or site functionality.

  • Tracking technologies: Technologies such as cookies, beacons, tags and scripts are used by MyDirectives and our analytics service providers.  These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole.  We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

    We use cookies to remember users’ settings and for user authentication.  Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our website, but your ability to use some features or areas of our website may be limited.

    Third parties with whom we partner to provide certain features on our site or to display advertising based upon your web browsing activity use LSOs such as HTML5 and Flash to collect and store information.  Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored.  Cookie management tools provided by your browser will not remove Flash cookies.  Various browsers may offer their own management tools for removing HTML5 LSOs. To learn how to manage privacy and storage settings for Flash cookies, click here.

  • Physical Location: We may collect the physical location of your device, for example, using satellite, cell phone tower or WiFi signals.  We may use your device’s physical location to, among other things, provide you with extra security features or personalized location-based services and content.  We may also aggregate this information to display usage trends.  We may also share de-identified information about your device’s physical location for any purpose not prohibited by applicable law.  In some instances, you may be permitted to allow or deny such uses and/or sharing of your device’s location, but if you choose to deny such uses and/or sharing, we and/or our marketing partners may not be able to provide you with the applicable personalized services and content.

  • From you: We may collect demographic information such as your location, as well as other information, such as your preferred means of communication, when you voluntarily provide such information to us.  Unless combined with personal information, this information does not personally identify you or any other user of the Applications.

  • By aggregating information: Aggregated personal information, aggregated protected health information and/or aggregated additional information does not personally identify you or any other user of the Applications.  For example, we may aggregate personal information to calculate the percentage of our users who have a particular telephone area code, and we may aggregate protected health information and/or other information to calculate the percentage of our users with particular medical conditions or medical treatment goals, preferences and priorities.

We also collect third-party personal information for the My Circle feature.  This allows a user to designate a healthcare agent and add personal contacts so that they can be contacted in regards to any choices made.  Please note that, by using such functionality, you are agreeing that you have the right to provide to us that third-party personal information.

Where Information Is Collected

We collect information about you at several places throughout the Applications.  Most information is collected in the following instances:

Registration and My Account

In order to have access to many of the services and the content available on the Applications, you will be required to complete a registration form that requests certain personal information, as well as contact information for friends, family, and medical treatment providers.

We may use your My Account information to send you an email to confirm your registration with MyDirectives, to respond to questions from you, or to notify you if there is a problem.  With your permission, we may also send emails from time to time on special promotions or newsletters we think may be of interest to you.  You may unsubscribe from newsletters by following the directions in the newsletters.

Interactive Services/Tools

The Applications are tools provided by ADVault that provide you the opportunity to enter information about your medical treatment choices, allergies and medications; designate a healthcare agent and alternates; express your wishes regarding organ donation, autopsies, and post-death services; and express your thoughts to your friends, family and medical care providers.  The Applications use this information to automatically populate ADVault’s proprietary Universal Advance Digital Directive (uADD)™.

How We Use Your Personal Information

To provide new and better services, we monitor user traffic patterns and try to analyze what our users like and do not like about our current offerings so we can design better services for you.  We may also use certain information for testing purposes, site development and planning, and during the normal course of maintaining the Applications.  When you use the Applications, you automatically allow us to collect this information related to these uses.  In these cases, researchers, business analysts, system designers, and others may have access to the data we collect.

We do not intend to use or disclose any personal information or medical treatment choices information you provide on our site to an unrelated third party without your express permission, or as otherwise described in this Privacy Policy. You should know, however, that there are circumstances when, in the ordinary course of business, we will share some information about you with a related third party:

  • As stated elsewhere, we may share aggregate statistical information on our users, sales, traffic patterns, and website usage with our business affiliates and sponsors.  There is nothing in this information that could be used to identify or contact you.

  • We may require vendors to provide specific services, such as data analysis, data storage, email processing, customer service, or special promotions.  We ask vendors to adhere to our confidentiality standards and do not permit a vendor to use our customer information for any other purpose. These companies are authorized to use your personal information only as necessary to provide these services to us.

  • We may share registration data with business affiliates such as insurance companies or healthcare providers solely to inform them that you are registered with MyDirectives.  We do not intend to use or disclose any medical treatment choices information you provide on our site to an unrelated third party without your express permission.

  • In certain limited circumstances, we may be legally compelled to release your personal information in response to a court order, subpoena, search warrant, law, or regulation.  If we are compelled to disclose personal information or medical treatment choices information to a third party under such circumstances, we will notify you unless doing so would violate the law or court order.  We also reserve the right to cooperate with law enforcement authorities in investigating and prosecuting users that violate our rules or engage in behavior that is harmful to other users or illegal. We may also release your personal information when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

  • If ADVault is involved in a merger, acquisition, or sale of all or a portion of its assets, we may disclose some of your personal information in the course of the transaction.  You will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

Third-Party Relationships

ADVault works with several types of third-party vendors that provide products and services that we integrate into the Applications.  We also intend to work with public and private health insurance plans, self-funded corporate insurance plans, United States federal and state authorities, as well as foreign governments, hospitals, hospice and palliative care providers, and a host of other medical treatment providers, to ensure the broadest possible adoption of, and access to, the MyDirectives system.  We request that third-party vendors, commercial partners, and users of the Applications supply us with information on their security procedures, and we evaluate them periodically to ensure that they are using data only as previously agreed.

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including our third-party service providers (including cloud service providers such as The Rackspace Cloud), any healthcare providers, insurers, employers, and, if applicable, Apple Inc., and any other third party operating any software application or website to which the Applications contain a link.

You should know that our relationship with some third-party vendors and commercial partners may provide us with revenues based on the number of users who view an advertisement or use a sponsored or co-branded program.  These revenues are based on the use of a site and not on you as an individual.  In addition, we may allow third-party vendors or commercial partners to buy aggregate data collected on our site, but that data cannot be used to identify you.

Sponsored or Co-Branded Sites

ADVault may allow other companies to make services and/or content available to you, sometimes on a sponsored or co-branded basis.  To access the services on a sponsored or co-branded site, you may have to complete an online registration form in addition to the My Account section of the Applications.  Whenever you provide registration information on sponsored or co-branded sites, data can be collected.  You should read the individual privacy policies of sponsored or co-branded sites.

External Links

The Applications may feature external links to other websites or software applications that we believe you might find useful; however, we do not endorse these sites or software applications.  We are not responsible for the privacy practices of these external sites or software applications.  We will make every effort to notify you when you are leaving MyDirectives, and we encourage you to read the privacy policy of each site you visit that may collect information or ask you to disclose personal information and/or medical treatment choices information.

MyDirectives may have related sites (different URLs) that provide additional information or services offered by medical treatment organizations.  Although related, these sites may not be governed by this Privacy Policy.

De-Registration

You can contact ADVault at any time if you do not wish to use the Applications or store your personal information or medical treatment choices information any longer.  If you choose to de-register, ADVault may be required to inform your public and/or private health insurance plan provider(s) of your decision, which may affect certain benefits or financial incentives that you are receiving from such plan provider(s).

Change/Update/Delete Personal Information and Medical Treatment Choices

You may change, update, or delete your personal information at any time by returning to the My Account section of the Applications, and you can change your medical treatment choices recorded on our system at any time by returning to the My Decisions section of MyDirectives (or the Healthcare Agent and Organ & Tissue Donation sections of MyDirectives MOBILE, as appropriate) and changing your answers to the questions asked as part of your medical treatment choices “conversation” with the system.

Users should be aware that it is not always technically possible to remove or delete the information you provide to ADVault.  We back up our systems to protect information from inadvertent loss, and that means a copy of your personal information may exist in a non-erasable form that may be difficult or impossible for us to locate.  Nevertheless, upon receiving your request we will try to remove or delete all personal information and/or medical treatment choices information stored in the active databases that we use for research and daily business activities.  We will not intentionally disclose any personal information stored in a non-erasable format after receiving your request for removal, except as required by law.

Social Media Features and Widgets

The Applications include social media features, such as widgets like the AddThis button or interactive mini-programs that run within the Applications.  These features may collect your IP address and/or which page you are visiting, and they may set a cookie to enable the feature to function properly.  Social media features and widgets are either hosted by a third party or hosted directly within the Applications.  Your interactions with these features are governed by the privacy policy of the company providing them.

Testimonials

With your consent, we may post your testimonial along with your name. If you want your testimonial removed, please contact us.

Blogs

Our website offers publicly accessible blogs or community forums.  You should be aware that any information you provide in these areas may be read, collected, and used by others who access them.  To request removal of your personal information from our blog or community forum, please contact us at info@MyDirectives.com.  In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

Jurisdictional Issues

The Applications are controlled by us from the United States.  Accordingly, this Privacy Policy, and our collection, use and disclosure of your personal information, protected health information and additional information, is governed by U.S. law, and not by the laws of any country, territory or jurisdiction other than the United States.  We do not represent or warrant that the Applications, or any functionality or feature thereof, are appropriate or available for use in any particular jurisdiction.  Those who choose to access or use the Applications do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.  By using the Applications and submitting any personal information, protected health information or additional information, users from outside the United States acknowledge that the Applications are subject to U.S. law and consent to the transfer of personal information, protected health information and additional information to the United States, which may provide a different level of data security than in their country of residence, and waive any claims that may arise under their own national laws.

Contact Information

ADVault, Inc.

Address P.O. Box 832624Richardson, Texas 75083USA

Emailinfo@MyDirectives.com

(Version 2016.08.01)