Privacy Policy

MobileSmith Privacy Policy

Date of Last Revision: October 19, 2020

MobileSmith, Inc. (“we” or “MobileSmith”) is committed to protecting the privacy of the personal information that it processes.

We operate the website at www.mobilesmith.com (the “Site”) and provide proprietary software apps, technology, and services in the healthcare and other fields (“Services”).

This Privacy Policy describes our policies and practices regarding the Personal Information which we collect through our Site and Services.  It describes how we collect, share, store and use that Personal Information. It also describes how you may obtain a copy of your information, how you may correct that information and how you may ask us to delete that information.

“Personal Information” means information provided to us through our Site and Services that can be used to identify individuals. That information includes the individual’s name, but it also includes information which can be used to identify the individual indirectly, such as a telephone number or email address or the name of the individual’s company.

This Privacy Policy does NOT cover information about businesses or other legal entities, information about our own employees, whether current or past, or information submitted to us by job seekers, such as their resumes or contact information.

Our Services are generally provided to businesses and organizations, including healthcare organizations (“Customers”).  Our agreements with Customers may require MobileSmith to collect and process personal information on their behalf. This might happen, for example, if the Customer integrates our technology into its own mobile apps or other technical solutions. In these cases, we will comply with the privacy-related instructions given to us by the Customer and you should review that Customer’s privacy policy to determine how it uses your information. In this situation, we consider the Customer to be the “controller” of the personal information, and MobileSmith to be the “processor” unless we and our Customer otherwise agree.

Protected Health Information

We may act as a “Business Associate” under the Health Insurance Portability and Accountability Act (HIPAA) when we receive personal information related to your health about you from or on behalf of your healthcare providers (“Protected Health Information” or “PHI”).

HIPAA provides specific protections for the privacy and security of PHI and restricts how PHI is used and disclosed. MobileSmith may only use and disclose your PHI in the ways permitted by HIPAA and your healthcare providers.

You may be asked to electronically sign a consent form regarding use of some of our Services, presented to you by your healthcare providers or employers, or by us. It is entirely your decision whether to e-sign any such consent.

Information Collected and Used

Many pages on our Site contain a form labeled “SIGN UP FOR MORE INFORMATION,” where you may enter your name, company name, phone number and email address and select the specific types of information that interest you. That same information, or portions of it, is collected elsewhere on our Site, such as in our “Contact Us” page, our “Partnerships” page, through our page that allows you to download whitepapers and when you leave comments on our blog.  By providing us this information, you are consenting to our using it as described in this Privacy Policy.

We also collect technical information about you when you visit our Site, including through use of cookies.  Please see our Cookie Policy for more information about our use of cookies and other technical means for gathering information about usage of our Site.

Our PeriOp Service collects patient names, gender, dates of birth and medical record numbers.  In addition, it collects names, email addresses and telephone numbers about our Customer’s employees.  It also receives information about patients’ surgical procedures.

Our COVIDClear Service collects individual names, email addresses and physical location, COVID-related symptoms and responses to questions about their potential COVID exposure.

What We Do with Your Information

If you provide your Personal Information to us because you have asked for more information or have submitted a question or request to us, then we will use that information to respond to your request. We may also use that information to reach out to you in order to find out if you have an interest in our products and services or have an interest in partnering with us or to provide you with information about us and our products and services. If you ask to be placed on a mailing list, we will use your information to place you on that list and to provide you with a way to opt-out from future mailings on that list.

We use technical information to improve and debug our websites. For example, we may use information about your visits to learn how people use our websites. That information may help us make our websites easier to use by, for example, placing the most popular information where it is most easily accessible.

When we receive Personal Information as a result of Services we provide to our Customers, we use that Personal Information to provide those Services. , Those Services may involve communicating with you through one of our apps or via text message.

We may de-identify Personal Information received through our Services and derive aggregate information about large groups of users of our Services. This might include, for example, information about what age ranges of users are more likely to use certain types of apps.  We may use this aggregated information for any purpose.

How We Share Your Information

If you comment on a blog post on our websites, then your comment, along with your name and email address may be visible to other visitors of our blog.

We may share your information with service providers who help us carry out the activities described in the “What We Do with Your Information” section. For example, we may engage a service to help us manage marketing communications or to host data. When we do share information with service providers, we enter into contracts with them that require that they use personal information solely to provide contracted services to us and that they take reasonable steps to protect your personal information.

If we sell our business to an acquiror, we may provide Personal Information to the acquiror so the acquiror can continue that business.

We may share your Personal Information if we are required to by law or court order, or if a law enforcement agency asks that we provide Personal Information. In addition, we may share Personal Information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our agreements, or as otherwise required by law.

Other than as specified in this Privacy Policy, we do not share your Personal Information with third parties.

How You Can Ask Us about Your Information

Please email us at privacy@mobilesmith.com if you would like to:

  • Learn the precise Personal Information we have collected about you,
  • Correct the Personal Information that we may have about you, or
  • Ask us to delete your Personal Information

If you ask us for any of those, we will need your name and email address so we can search our records.

There are a few circumstances where we will not delete your information, even if you ask us to. If we have an ongoing business relationship with you or your company, we may require that information to continue to work with your company. Similarly, if we have previously had a business relationship with your employer, then we may need portions of your Personal Information to maintain our records of that relationship. We may also require your Personal Information to detect and respond to security issues on our websites. In addition, we may keep your information if needed to protect our legal rights, or if required to keep it by law or court order. Finally, we may continue to keep your Personal Information if we need that information because of a legal dispute, either with you, your company or a third party.

Where We Use Your Personal Information

We use your Personal Information entirely inside the United States of America.

How Long We Keep Your Personal Information

In general, we keep Personal Information for at least seven (7) years from the last date of contact with you.  But, if you have asked to be signed up for a mailing list, we will keep your Personal Information until you ask to be removed from that mailing list or we decide to discontinue that list.  In rare circumstances, we may be required, by law, to keep your Personal Information beyond that time period. We may also keep your Personal Information beyond that period if required for an investigation or in a pending legal case.

Personal Information about Children

Our Site is not designed to attract children and we do not intend to collect Personal Information through our Site from minors. If we discover that we have received personal information through our Site about minors, we will delete that information. If you are a parent of a minor who has provided their information to us through our Site, please contact us at privacy@mobilesmith.com and we will remove their information.

We may process Personal Information regarding children as part of our Services to our Customers.

EU Rights Regarding Your Personal Information

If you are in the European Union, then you have certain rights regarding your Personal Information under European Union Law.  Among those rights are:

  • The Right to Access: You have the right to ask us to provide you with copies of your Personal Information.
  • The Right to Withdraw Consent: You have the right to ask us to stop using your Personal Information.
  • The Right to Rectification: You have the right to ask us to correct any inaccurate or incomplete Personal Information about you that we may have.
  • The Right to Erasure: You have the right to ask us to erase your Personal Information.
  • The Right to Restrict Processing: You have the right to ask us to restrict how we process your Personal Information under certain conditions.
  • The Right to Object to Processing: You have the right to object to our processing of your Personal Information in certain circumstances. In particular, you may object to our use of your Personal Information for direct marketing.

If you wish to exercise any of these rights, please contact us at the email and/or postal addresses listed below.

How to Contact Us

You may contact us regarding this Privacy Policy and your Personal Information:

By email: privacy@mobilesmith.com

or

By mail to:
MobileSmith, Inc.
Attn: Privacy Officer
5400 Trinity Road
Suite 208
Raleigh, NC 27607 USA

Changes to this Privacy Policy

We may revise this Privacy Policy from time to time to reflect new services that we provide and will reflect a new date on the first date of this Privacy Policy. When we do so, we will inform you via email of the change either via email or by posting a notice on the websites.