This Privacy Notice is effective as of May 25, 2022.

Privacy Notice Highlights

This Privacy Notice (“Notice”) informs you (or the entity on whose behalf you are using a Service) what Personal Information MPN Software Systems, Inc. and ECLIPSE EHR Solutions, LLC (“MPN,” “EES,” “the company,” “we, “us,” or “our”) may collect, how EES collects such Personal Information, how EES uses such Personal Information in connection with the Services we provide to you or our customers (i.e., Providers as defined below), and your choices related to your Personal Information.

This Notice does not apply to information received, or obtained, by any third party, including through any application or content (including advertising) that may link, or be accessible, from or on our website. MPN may use a variety of third-party platforms for data storage of your PHI, depending on your service selection, in order to keep it safe and secure. We may also share your personal information with other service providers.

PLEASE READ THIS PRIVACY NOTICE CAREFULLY. YOUR USE OF OUR SOFTWARE CONSTITUTES YOUR ACKNOWLEDGEMENT AND CONSENT TO THIS PRIVACY NOTICE. KINDLY DO NOT USE OUR SOFTWARE IF YOU ARE UNWILLING OR UNABLE TO CONSENT TO THE TERMS CONTAINED IN THIS PRIVACY NOTICE.

“Services” means EES’s products and services, such as our websites (“Sites”), electronic medical records systems, practice management systems, healthcare provider customer portals, patient portals (collectively, “Portals”), software and mobile applications for the foregoing.

In this Privacy Notice, we do not include Protected Health Information (“PHI”) in the definition of Personal Information because PHI has different treatment under HIPAA (as defined below), other applicable laws, and the Customer Documents (as defined below). Accordingly, because PHI is handled differently under the Customer Documents, if you are a patient of a Provider (as defined below), your PHI is subject to the Customer Documents and your Provider’s terms of service and privacy practices.

This Privacy Notice applies wherever it is posted, and it is part of and incorporated into any applicable Terms of Use Agreements (“Terms of Use”) for the Sites, the Portals, and other Services, and into any applicable Terms and Conditions for our software (“Terms and Conditions”). Any terms capitalized herein but not defined shall have the meanings assigned to such terms in the applicable Terms of Use or Terms and Conditions. By visiting or using the Services or otherwise affirming the acceptance of an agreement into which this Privacy Notice is incorporated by reference, you acknowledge and agree to accept the practices described in this Privacy Notice regarding the collection, use, disclosure, and transfer of your Personal Information. If you do not agree to the terms of this Privacy Notice, please do not use the Services. This Privacy Notice is not a contract and does not create any contractual rights or obligations. Your use of the Services is governed by the applicable Terms of Use or Terms and Conditions of the respective Services.

We do not sell or loan your data to anyone.

Please note that some privacy rights and obligations may differ in certain locations based on local law, in which case EES will comply with the local legal requirements. EES reserves the right, at any time, to modify this Privacy Notice. If we make revisions that change the way we collect, use, or share Personal Information, we will post those changes in this Privacy Notice. If we make material changes to our Privacy Notice, we may also notify you by other means prior to the changes taking effect, such as by posting a notice on our Site or sending you a notification. You should review this Privacy Notice periodically so that you keep up to date on our most current policies and practices. EES will note the effective date of the latest version of our Privacy Notice at the beginning of this Privacy Notice.

The Personal Information We Collect

When you access and use the Services, we may collect the following types of information:

  1. “Personal Information” is information that identifies an individual or relates to an identifiable individual or household. The types of Personal Information collected, and the uses thereof depend on the purposes for which we collect the Personal Information (e.g., whether you are a visitor to our Sites, a user of our Portals, or a customer of our Services).
  2. “Protected Health Information” or “PHI” is individually identifiable health information that is protected by the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations (“HIPAA”).
  3. “Usage Data” is information that we automatically collect about your use of the Services and includes the sort that Web browsers and servers typically make available, through Web server logs, Web beacons, cookies, and other similar tracking technologies, about the devices you use to access our Services, as well as information on how you interact with our Services. Usage Data may include the IP address of a device or internet service used to connect your device to the Internet and may provide information about your Location; computer and connection information such as your browser type and version; operating system and platform; confirmation when you open e-mail that we send you; purchase history; and the URLs which lead you to and around the Site including the date and time of access. Usage Data may overlap with Location Information. Usage Data is generally not considered Personal Information, but may be in some instances.
How We Collect Your Personal Information

EES uses information collected from users of the Services to personalize and improve your visit and experience, to provide the Services to you or our customers, and for other purposes set out below. When you use the Services, EES may collect Personal Information in the following ways described below.

Information You Provide to EES: EES collects Personal Information when you use and interact with the Services, such as when you:

  1. Communicate with EES about our Services via our Contact Us page;
  2. Complete and submit forms to us on our Sites or Provider Portals (e.g., to register for an account on a Provider Portal, authenticate yourself to verify your authorized use of the Services, or to subscribe to our newsletters);
  3. Visit our Sites or interact with us on social media and provide us Personal Information.

Wherever your medical provider inputs sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the Web page.

Information that EES Collects Automatically: When you use the Services, EES may automatically collect Usage Data subject to the settings of your device that you use to access the Services. With your consent, we may also collect information from your device to facilitate your use of certain features of the Services. EES may use this data to analyze trends and statistics to improve your online experience or our customer service.

Information from Other Sources: EES may collect Personal Information from other sources such as the Internet and other publicly-available sources and databases, data aggregators, marketing companies, and other third parties, including sources from which you authorize us to obtain Personal Information about you on your behalf. If you authorize us to collect information from a third party, or if you authorize a third party to send us information, and you later decide that you no longer want us to obtain that information, you may need to contact the third party source directly and request that they stop transmitting information to us. For example, if You submit claims to the Centers for Medicare and Medicaid Services (“CMS”) You may decide to authorize us to obtain information directly from CMS, For more information about how those third parties collect and use your Personal Information, please review the privacy policy of each respective third party.

Protected Health Information; EES as a Business Associate

Certain Services we provide to our customers or make available to their patients, such as the Portals, as well as certain support operations, involve access to, and the processing of, PHI. This PHI is provided to us pursuant to a service agreement, business associate agreement, or other document with terms and conditions for the Portals (the “Customer Documents”) that we have entered with our customers (health care providers or their firms, “Providers”) that also govern our use of PHI of their patients provided by our Provider customers or their patient users.

This Privacy Notice supplements the Customer Documents. EES only uses such PHI as a “business associate” of its Providers, who are “covered entities,” in accordance with any instructions or restrictions provided to EES by the Provider and in full compliance with the applicable provisions of HIPAA.

If you are a patient of a Provider, our use and disclosure of your Protected Health Information is governed by HIPAA and other applicable laws, as well as the Customer Documents with your Provider—and not by this Privacy Notice. Your Provider’s collection, use, disclosure, and transfer of such PHI are governed, in turn, by your Provider’s terms and conditions and privacy practices between you and your Provider. Please submit all requests and questions related to your PHI directly to your Provider. We are not responsible for how our Provider customers treat PHI we collect on their behalf, and we recommend you review their own privacy policies.

Our Sites are generally not intended to collect or retain any PHI. Thus, sections of this Privacy Notice that discuss collection on the Sites do not apply to PHI, and we do not request, obtain, use, or disclose any PHI through our Site(s).

Use of Information Collected By EES

EES uses the Personal Information collected to provide Services to our customers and their authorized users to improve user experience with the Services, and to communicate with you about requested information.

Additionally, EES may share your Personal Information as discussed below, and use your Personal Information to:

  • Respond to user service requests, user questions and concerns, and administer user accounts. We may use your information to verify your identity, register you, administer your account, or provide you the information, products, and services that you request.
  • Provide service to our customers, which include Providers. If you are a patient of a Provider, we use your information when providing the Services to the Provider.
  • To communicate with users about our products, services, and related issues.
  • To administer fees and provide users with invoices or resolve billing issues. We may use your information to verify your identity in order to process your payments.
  • In the event of a business transaction. If we are exploring or go through a business transition or financial transaction, such as a merger, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy, securities offering, or sale of all or a portion of our assets, we may use your information in connection with exploring or concluding such transaction.
  • To comply with law. We may disclose your information to comply with any applicable laws and/or regulations, such as to comply with valid legal processes such as a search warrant, subpoena, or order from a court or tribunal of competent jurisdiction.
Data Collection Technologies

We may use cookies, Web beacons, log files, and other technologies (collectively, “Data Collection Technologies”) to help us provide, customize, and improve the Services. The Data Collection Technologies include:

  • Web Beacons: A Web Beacon is a Web page element (such as a clear gif, pixel tag, or single-pixel gif) that may be embedded into our Sites or communications, and which may employ cookie technology to enable EES to record clickstream data.
  • Cookies: Cookies are small text files placed on your device to store data that can be recalled by a Web server in the domain that placed the cookie. Cookies enable EES to collect clickstream data, including traffic on the Sites. You may set your browser to reject certain cookies or to notify you when you are sent a cookie. Rejecting cookies may limit functionality of the Sites. Third parties also provide software that allows you to visit the Sites without providing certain types of this information. Our Sites may use the following types of cookies:
    • Essential/Strictly Necessary Cookies: These cookies are necessary for the Sites to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the Sites will not then work.
    • Analytics/Performance Cookies: These cookies allow us to count visits and traffic sources, so we can measure and improve the performance of our Sites. They help us know which pages are the most and least popular and see how visitors move around the Sites. Information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies, we will not know when you have visited our Sites.
  • Analytics Services: We may use third-party Web analytics services and other technologies on our Services to: collect and analyze usage information through cookies and similar tools; engage in activities such as auditing, research, or reporting; and provide certain features to you.
Sharing of Information
  • At Your Request: EES may disclose Personal Information to third parties at your request, direction, or authorization.
  • With Our Customers: EES may disclose Personal Information, including Sensitive Personal Information, to its customers consistent with the Customer Documents. Sensitive Personal Information” refers to Personal Information regarding more sensitive areas, such as government ID and certain other financial information, gender, marriage status, race/ethnicity, or veteran or disability status.
  • Compliance with Law: To the extent permitted by law, EES will disclose Personal Information to government authorities or third parties pursuant to a legal request, subpoena, or other legal process. EES may also use or disclose your Personal Information as permitted by law to perform charge verifications, apply, or enforce the Service’s Terms of Use or Terms and Conditions, or protect EES’s rights, interests, or property as well as those of EES affiliates, customers, or Service users.
  • Business Transaction: If EES sells all or part of its business or makes a sale or transfer of assets or is otherwise involved in a merger or business transfer, EES may transfer your Personal Information to a third party as part of that transaction.
Biometric Data

If you use our Portals, EES may collect biometric data such as a photograph or fingerprint that may identify you, to use for authentication and verification of your identity. This information may be considered biometric data under certain laws governing the collection, use, storage, and disclosure of biometric data. By providing such information, you acknowledge that you have been advised of, and understand that, EES, and their agents and contractors may collect, use, store, and disclose biometric data for the purposes described in this Privacy Notice, or as otherwise described in the Services.

Security of Personal Information

EES has reasonable and appropriate safeguards in place to help protect the Personal Information EES collects from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Although EES attempts to protect the Personal Information in our possession, no security system is perfect, and EES cannot promise that your Personal Information will remain absolutely secure in all circumstances.

Retention of Personal Information

EES will retain your Personal Information as needed to fulfill the purposes for which it was collected. EES will retain and use your Personal Information as necessary to comply with EES’s business requirements, legal obligations, resolve disputes, protect our assets, and enforce our agreements.

Links to Third Party Websites

Our Sites may contain certain links to third party websites. EES is not responsible or liable for the privacy practices or content found on these websites. You should check the privacy notice and policies of each website you visit. Links to third party websites are provided solely for your convenience and any use or submission of data to such websites shall be at your sole risk.

Children’s Privacy

Our Services are not directed toward children under the age of 13. We do not promote our Services to minors, and we do not knowingly collect any Personal Information through our Services from any person under 13.

United States Only

The Services are intended for use only in the United States of America. If you use the Services or contact us from outside of the United States of America, please be advised that (i) any information you provide to us or that we automatically collect will be transferred to the United States of America; and (ii) by using the Services or submitting information, you explicitly authorize its transfer to and subsequent processing in the United States of America in accordance with this Privacy Notice.

Changes to the Privacy Notice

EES may change this Privacy Notice at any time. Unless we say otherwise, changes will be effective upon the last updated date at the top of this Privacy Notice. Please check this Privacy Notice regularly to ensure that you are aware of any changes. We may try to notify you of material changes to this Privacy Notice, which if we do so may be by means such as by posting a notice directly on the Services, by sending an e-mail notification (if you have provided your e-mail address to us), or by other reasonable methods. In any event, if you use the Services after changes to this Privacy Notice, you have accepted the changes. If you do not agree with the changes, please stop using the Services.

Contact Information

If you have any questions or concerns related to this Privacy Notice, please contact the EES Chief Privacy Officer by clicking here. One of our team members will respond to you within a reasonable timeframe.

This e-mail address is monitored only for subscribed providers & their staffs. If you are a patient and have a question related to accessing the Patient Portal, please contact your healthcare provider.

Pursuant to applicable law, EES may be required to send you notice of known or suspected security breaches that impact Your Personal Information. In the event that EES must provide a notice of a security breach to You, EES will send security breach notices to the contact information contained in your account information unless EES is required by law to notify you using another method. Otherwise, if EES needs, or is required, to contact you concerning any event that involves information about you we may do so by e-mail, telephone, or mail.

ACCEPTANCE OF THESE TERMS

By using this software, you signify your agreement with EES’s Privacy Notice.

IF YOU DO NOT AGREE WITH THIS NOTICE, PLEASE DO NOT USE THIS SOFTWARE.

Your continued use of ECLIPSE following the posting of changes to these terms will mean you accept those changes, as well.