Effective date: June 28, 2018

ChronWell, Inc.
Privacy Policy

ChronWell, Inc., a Delaware corporation, and its affiliated companies (collectively, “ChronWell”, “us”, “our” or “we”) respects your privacy and is committed to protecting it through our compliance with this policy (“Privacy Policy”). This Privacy Policy describes the personal information ChronWell collects and how we use and share that information. By clicking “I agree” as a part of your initial access to our mobile application, by your use of any ChronWell website, or by your agreeing to our Terms of Use, "user" (defined below) agrees that ChronWell may use user’s information, including user’s personal information, in accordance with this Privacy Policy. “User” is defined below, but if you are reading this Privacy Policy, you are probably a “user.”

1. OUR SERVICES

ChronWell provides services designed to assist individuals and companies with the management of workers compensation claims, including, without limitation, providing assistance related to health and medical care associated with injuries (the “Services”).

2. WHOSE PERSONAL INFORMATION WE COLLECT

We collect personal information from and about a number of different types of individuals, as follows.

Individuals who have been injured and either have or may have a workers compensation claim. In this Privacy Policy, we refer to those persons as “you” or “your.”
Individuals who interact with us on your behalf, such as a spouse, guardian, or adult child. In this Privacy Policy, we refer to those persons as “your representatives.”
Individuals who visit our website, your employer (which includes their employees or contractors), a workers compensation insurance company (which includes their employees or contractors), healthcare providers (which includes their employees or contractors), or those contractors of ours who provide services to us, to you, to an employer, or to a workers compensation insurance provider. In this Privacy Policy, we refer to those persons as “other persons.”

We will refer to you, your representatives, and other persons collectively as “users” and individually as a “user.” This Privacy Policy is applicable to all users, as more particularly described in this Privacy Policy.

3. HOW WE RECEIVE PERSONAL INFORMATION

A. Interactions with Our Access Channels

We receive or collect personal information about users in any manner in which they communicate with us and in which we communicate with them, including, without limitation, automated collection of personal information. We receive this information in many different ways, which includes (without limitation), the following:

through interactions with our websites (“our website”),
by sending and receiving text and email messages,
through a mobile device application that you or your representatives download to your mobile device (“our app”),
through our interactive telephone systems, and
through telephone or videophone conversations with our personnel.

We call these means through which personal information is collected “access channels.”

B. Personal Information About You

We may get personal information about you from yourself, from your representatives, and from other persons through any of the access channels.

C. Personal Information about Your Representatives

We may get personal information about your representatives from you and from your representatives through any of the access channels. We may also get personal information about your representatives from other persons.

D. Personal Information about Other Persons

We may get personal information about other persons from the other person himself/herself or those who engage those other persons as an employee or service provider.

4. WHAT PERSONAL INFORMATION WE RECEIVE

A. Personal Information About You

(1) Generally

As you will see below, we get a lot of information about you. After all, information about your health, your injury, your treatment, your employer, your insurance, your recovery, and the like can result in our receiving a lot of information about you. Except for the uses of information described in Section 6, we only use this information to provide services to you, to your employer, and the relevant workers compensation insurance company to assist with the management of workers compensation claims, including, without limitation, providing assistance related to health and medical care associated with injuries. We believe that acquiring this information is useful to you, to your employer, and to your workers compensation insurance company. We can do some really useful things with your information, such as:

Helping you to find the healthcare provider that may be the best level of treatment for your injury.
Helping you with transportation to your healthcare appointments.
Helping you with assessing the scope of your injury.
Helping you with exercises to help you recover.
Helping make your insurance claim easier to process.
Helping you to recover from your injury and get you back to work.

The specific services we provide you will vary with the services that your employer or workers compensation insurance company, or their contractors, contract with us to provide. It is also important for you to know that it is not a good idea to lie to your employer or insurance provider about the status of your injury or recovery. Some of the information we collect or receive can help determine whether you are telling us—and more importantly your workers compensation insurance company or employer——whether you are being truthful about your injury and recovery. For example, (i) if you are telling your insurance company that you are bedridden, we may be able to tell whether you went to a baseball game or the grocery store; (ii) if you are telling your employer or insurance company that you can’t raise your arm above the top of your shoulder, we may be able to tell whether you can do that or not. As with many things in life, it is important not to lie. Our services may allow us to catch you if you do. Misrepresentations to your employer or insurance company may be criminal, result in civil liability, could result in the loss of insurance benefits, or could result in your being fired by your employer.

(2) Information We Receive About You

We may receive the following personal information from you, your representatives or other providers:

Your name,
Your home address,
Your email addresses,
Your phone numbers,
Your employer, its contact information and where you work,
What workers compensation carrier is involved in your workers compensation claim and its contact information,
The status of your workers compensation claim,
What health care professionals you either use or have been recommended to you,
Information about your injury and the circumstances surrounding your injury,
How you have been or are being treated for your injury, your health status, and how you are responding to treatment,
Health insurance information,
Information about your appointments with health care providers,
Payment information (for example, information about where to send workers compensation claim money), and
Other personal information that either is or may be relevant to your health, healthcare, or insurance claim.

(3) Location Information

If you download our app to your mobile device, we use information about your location. You can control whether and when we collect that information by adjusting the location settings on your mobile device. For example, you can allow us to receive location information at all times, only when your mobile device is running our app, or not at all.

(4) Movement Information

Many mobile devices can detect movement. If you download our app, we will capture certain information related to your movements (or, more accurately, the movement of your mobile device). We only collect movement information when our app is active on your mobile device.

(5) Biometric Information

Biometric information is information about you that can be measured about you physically. Examples of biometric information include heart rate, blood pressure, breathing rate, blood sugar levels, pictures of injuries, exercise and exercise patterns, skin tone, skin temperature, weight, and anything else about you that can be captured by the functionality of your mobile device or devices that communicate with your mobile device. Some mobile devices, or other devices that communicate with mobile devices, collect biometric information. For example, if you use an iWatch, an Android watch, a fitness tracker, or a similar device, we may capture biometric information that can be captured by these devices. Our capture of this information is limited by the kinds of biometric information that these devices capture. We receive this information from your mobile device if your mobile device captures this information itself or receives this information from your iWatch, Android watch, fitness tracker, or similar device. We may receive this information immediately or when our app syncs with the biometric device information on your mobile device. We only capture this information while you are using our app; however, while you use our app, we may receive biometric information that has been stored on your mobile device.

B. Personal Information About Your Representatives

We collect personal information about your representatives to enable us to contact them about you. For example, we may obtain name and contact information for your representatives and obtain information about their ability or willingness to assist you in the future.

C. Personal Information About Other Persons

We collect personal information about other persons to enable us, and possibly other individuals, to contact them so that we can perform our Services. For example, we may keep track of certain employees or contractors of your employer who serves as our contact about your workers compensation claim. For other persons who are our customers’ personnel, we also keep obtain and keep information about our business relationship and our communications with their employees or services providers related to our business relationship or proposed business relationship. For visitors to our website, other than the automated personal information we receive, we only collect that personal information that the visitor provides to us.

D. Automated Personal Information We Receive

In addition to the personal information described in A, B and C above, we also receive personal information automatically when any user interacts with us using the Access Channels:

When a user visits our website, we collect personal information about the visit that does not identify the user personally. We can tell the type of computer, browser, IP address, and web service the user is using. We also know the date, time, length of visit, and pages visited and what website the user came from.
When any user connects with us using our app, we collect personal information from or about the phones or other mobile devices on which our app is installed, depending on the permissions granted by the user. We may associate the information we collect from the user’s different devices, which helps us provide consistent Services across devices. Here are some examples of the device information we collect:

Device attributes, such as the operating system, hardware version, device settings, file and software names and types, battery and signal strength, and device identifiers,
Location information, as described above, and
Connection information such as the name of your ile operator or ISP, browser type, language and time zone, mobile phone number and IP address.

When a user communicates with us using a telephone, we collect the user’s telephone number and the date, time, and length of the call. We will also normally record the telephone call, for training, quality assurance, and to keep the information communicated during the call. We will tell the user at the time if we will record the call.
When a user communicates with us using text messages or email, we collect the user’s email address, mobile phone number, and other information that is generally provided by the user’s cellular telephone service, the user’s mobile phone, the user’s web browser, or the text and email applications that the user uses. We also may retain the messages users send to us.

We also collect certain personal information through the use of cookies, which is described in Section 6.B below.

5. DATA USE BY TYPE OF USER

A. How We Use Your Personal Information

We use the personal information we receive about you to provide services to you, to your employer, and to the applicable insurance provider. Other than the use of personal information described Section 6 below, we do not use personal information about you other than for the purposes of providing those services.

(1) Uses Generally

Here are a few examples of how we use your personal information. These are not our only uses of your personal information, but we hope these examples will help you understand in a general way what we do with your personal information. Our use of your personal information varies with the kinds of services that we have been engaged to provide, so all of the examples below may not be applicable to you. Specific examples of how we use location, movement, and biometric information are set out in separate subsections below these examples.

We may provide the workers compensation insurance carrier or your employer information about the circumstances of your injury, the nature of your injury, the treatments you are receiving or to receive, the efficacy of those treatments, how you are recovering, etc.
We may be asked to assist you in identifying a healthcare provider. We may communicate with one or more healthcare providers to find one for you, as well as provide information to the healthcare provider so that the healthcare provider can determine whether they are appropriate to help you, such as the nature of your injury, other health information and insurance information, and to schedule appointments for you.
We may be asked to assist with transportation to a doctor’s appointment, physical therapy appointment, etc. We will provide the service provider who provides the transportation your name, address, location, and contact information, as well as the name, address and contact information of the healthcare provider and whether you have any special needs related to the transportation.

We may provide your personal information to your employer, the workers compensation insurance provider, or healthcare providers (or employees or contractors of those entities):

in the evaluation of your fitness to receive other services from us, your employer or the workers compensation insurance provider,
in the evaluation of your workers compensation claim,
to determine our best guess as to the appropriate level of healthcare that you should receive based on your injury, other medical conditions, and your progress,
in determining whether you have suffered a partial or permanent disability and if so, the nature of that disability, and
whether you are ready to return to work.

(2) Location Information

We use location information to assist with our providing services. Here are some examples, without intending this to be an exclusive list.

To determine the appropriate healthcare professional to suggest you see for your injury.
If we provide services to arrange for transportation, to determine where you are so that someone can pick you up and take you to your appointment.
To determine how far away you are from your appointment to determine whether you will be there on time.

(3) Movement Information

We use movement information to assist with our providing services. Here are some examples, without intending this to be an exclusive list.

To determine whether you are doing certain physical therapy exercises or whether you are doing them correctly.
To assess the nature of certain injuries, such as determining the range of motion of one of your joints.
To determine how fast you are moving or how fast you can move a particular body pa
To determine what healthcare professional is likely to be appropriate for you to visit based on your injury.

(4) Biometric Information

We use biometric information to assist with our providing services. Here are some examples, without intending this to be an exclusive list.

To determine your health status to determine what healthcare professional is likely to be appropriate for you to visit based on your injury.
To determine how quickly you need to see that healthcare professional.
To determine the effect on you of certain physical therapy exercises.

B. How We Use Your Representatives’ Personal Information

We use your representatives’ personal information to provide services to you, to your employer, and to the applicable insurance provider. Other than the use of personal information described Section 6 below, we do not use personal information about your representatives other than for the purposes of providing those services.

C. How We Use Other Person’s Personal Information

We use other person’s personal information to provide services to you, to your employer, and to the applicable insurance provider. Other than the use of personal information described Section 6 below and as further described in this Section, we do not use information about other persons other than for the purposes of providing those services. For visitors to our website who provide us personal information, we use their personal information to respond to their requests for personal information and to market our services.

6. DATA USE APPLICABLE TO ALL USERS

A. Who We Provide User Personal Information To

We provide personal information to those persons and organizations that have a need for the information so that we can provide our services. User’s personal information may be shared with the injured person’s employer, the workers compensation insurance provider, healthcare providers, and those persons and entities that provide services to the injured person or those entities. We do not control what those organizations do with user’s personal information. While, under most circumstances, we do not try to control what is done with user personal information by those organizations, we believe that the organizations receiving this personal information from us—the employer, the insurance provider, healthcare providers, and those who provide services to those entities—should have certain legal obligations to users, or commitments made to users, related to privacy and security that limits what they can do with this personal information. While this is our belief, you should get information about their use of personal information from them and not depend on what we believe to be the case. Please contact those organizations for information about how those organizations use and protect personal information. We also provide other entities with user’s personal information as described in Sections 6.C, 6.D, and 6.E below.

B. Our Use of Cookies or Other Tracking Devices

A "cookie" is a small text file that is stored on a computer, phone, or other device and makes it easy for the applicable user to move around a website or our app without having to continually re-enter the applicable user’s name, password, preferences, and so on. We use cookies to store preferences, recognize you when you return to our Services, record user-specific information on what pages the user accesses or visits or information the users receive, and customize web page and app content based on the user’s browser type or other information that the user sends. These cookies do not access, read or modify any other data on the user’s device. For the purposes of this Privacy Policy, we include within the meaning of “cookies” other technologies that serve similar purposes, such as web beacons, clear gifs, pixel tags, single pixel gifs, and Flash cookies, although these other technologies may not be controlled by the user’s web browser as otherwise described in the next paragraph below. All web browsers offer the option for the user’s device to refuse cookies, and if the user’s device refuses our cookie, we do not gather any information on the user through cookies, although some functionality of our website will not be available. We do not use cookies to track user’s internet activities when the user is are not on our website or using our app.

C. Access by Law Enforcement

We share personal information about a user if we are required by law to do so for authorized law enforcement, homeland security, and national security, or to comply with any court order, law or legal process, including responding to any government or regulatory request.

D. Other Uses

We may also use a user’s personal information in connection with of the following:

For any report of problems with our Services;
To deliver information and support user requests, including receipts, technical notices, security alerts, and support and administrative messages;
To track and analyze trends and usage in connection with our Services;
To protect our rights or property;
To compare personal information for accuracy;
To verify a user’s identity;
To investigate and prevent fraud or other illegal activities;
For any other purpose disclosed to you in connection with our Services;
To enforce or apply our Terms of Use, available at https://legal.chronwell.com/terms-of-use/en, and other agreements;
To retain an archived copy of user records as required by law or for legitimate business purposes;
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of ChronWell, other users, other customers, or other third parties. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction; and
To a buyer or other successor in the event of 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 about users is among the assets transferred.

E. De-identified or Aggregated Data

Data derived by us from our performance or operation of our services or input by users may be used for the purposes of analysis, including, without limitation, statistical analysis, trend analysis, creation of data models, and creation of statistical rules. The results of such analysis (“de-identified data”) may be used by us for any lawful purpose, including, without limitation:

determining future hardware and communications needs for our systems,
identifying improvements to or problems with our Services and identifying new services,
determining trends associated with use, operation, and efficacy of our Services, and
identifying trends, information about certain occupations, industries, injuries, treatments, healthcare and other service providers, and other statistical information that may be of use to us, to our customers, or to third parties.

We may choose to disclose the results of these analyses, including, without limitation, selling those results for a fee. Notwithstanding the foregoing, de-identified data shall not contain any information that identifies or can be reasonably used to identify any user or any other individual person.

7. WHAT WE DO NOT DO WITH PERSONAL INFORMATION

While the services we provide are free to employees who have been injured, we are paid by your employer, workers compensation insurance provider, or someone providing services to your employer or workers compensation insurance provider. Accordingly, we do not advertise third party products or services on our website or through our app, text messages, email messages, or personal phone calls. We do not sell, rent, lease, or otherwise provide user personal information to third parties for advertising purposes or any other purpose, except as disclosed in this Privacy Policy.

8. USE BY CHILDREN

Our services, including, without limitation, the use of our Access Channels are not intended for use by children. No one under age 13 should provide any personal information to our website or through other Access Channels. If we learn that we have mistakenly collected personal information from a child under age 13, we will delete that information as soon as possible. If you believe that we might have personal information from or about a child under age 13, please contact us at privacy@chronwell.com.

9. LINKS TO OTHER WEBSITES

This Privacy Policy covers personal information collected on this website only. It does not apply to other sites you reach through links on our website. We encourage you to read the privacy policies of those other websites to learn how they collect and use personal information about you.

10. UPDATING INFORMATION

You may seek to update or correct information about yourself by emailing us at privacy@chronwell.com. If you completely delete all such information, then your account may become deactivated.

11. CALIFORNIA USERS

California Users may have the right to request certain disclosure information annually from ChronWell. Such disclosure requests should be directed to: 150 S Pine Island Rd. Suite 330 Plantation, FL 33324. For more information, please reference the Cal. Civ. Code § 1798.83, available at http://oag.ca.gov/privacy/privacy-laws. In addition, if you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

12. INTERNATIONAL TRANSFER

By accessing and using the Services, you acknowledge and agree that ChronWell controls and operates all parts of the Services from its offices in the United States of America and that the Services is intended for use by users located in the United States of America. Unless expressly stated to the contrary, ChronWell makes no representation that the Services is appropriate or will be available for use in other locations. If you access the Services from outside the United States, you acknowledge and agree that your information may be transferred to and maintained on computers and servers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. Your consent to the Agreement followed by your submission of such information represents your agreement to the transfer of such information to the United States and the collection, use, and disclosure of your information in accordance with United States law and our Privacy Policy.

13. SECURITY

A. Security Generally

We safeguard the security of user's personal information with industry-standard physical, electronic, and administrative procedures. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect user‘s personal information, we cannot guarantee the security of personal information transmitted to, through, or processed or stored by our Services. Any transmission of personal information is at the user’s own risk. We are not responsible for circumvention of any privacy settings or security measures contained on or within the Services. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting through the Services in the most expedient time possible and without unreasonable delay, as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

B. HIPAA Compliance

For the kinds of services we provide and the kinds of information we store, we have agreed with our customers to comply with the privacy and security requirements of the Health Insurance Portability and Accountability Act (“HIPAA”).

14. “DO NOT TRACK” DISCLOSURES

Some state laws require us to indicate whether we honor “Do Not Track” settings in your browser concerning targeted advertising. We adhere to the standards set out in this Privacy Policy and do not monitor or follow any Do Not Track browser requests.

15. CONTACT INFORMATION

Please contact us with any questions or concerns regarding our Privacy Policy at privacy@chronwell.com.

16. GOVERNING LAW

This Privacy Policy shall be governed by and construed in accordance with the laws of the State of Florida without reference to the principles of conflicts of law of that state or any other jurisdiction.

17. UPDATES TO THE PRIVACY POLICY

This Privacy Policy was last revised on the date set forth at the beginning of this Privacy Policy. We reserve the right to modify or amend this policy at any time by posting the revised Privacy Policy on the website or notifying you through any other Access Channels. Your continued use of the Services or communications with us through the Access Channels constitutes your acceptance of the then-effective Privacy Policy. We encourage you to periodically review our Privacy Policy to be sure you are familiar with the most current version.

18. HOW TO CONTACT US

If you have any questions or comments about this Privacy Policy, please contact us at privacy@chronwell.com.