The Law Offices of Jeff Cohen, P.A.
909 SE 5th Avenue Suite 200
Delray Beach, FL 33483
Information We Collect and How We Collect It
You Provide Your Information to Us
When you register with or otherwise use our Services, you may give us Your Information directly. For instance, when you register with our Services, you may provide us with your name, mailing address, telephone number, email address, date of birth, insurance data (such as your insurance carrier and insurance plan), medical data (such as your doctors’ names and contact information and medical history) and other information that may help us improve our Services. We may also let you create a profile that Florida Healthcare Law Firm users and other third parties can see. We collect Your Information and content (such as photos, reviews, ratings and other information) that you choose to submit in connection with our Services, including in the process of creating or editing your account and user profile. Further, we may charge fees for all or part of our Services. To the extent that we charge any such fees, then you may provide us with certain financial information (such as credit card or bank account numbers) in connection with a Transaction.
If you choose not to provide us with any of Your Information, you may still be able to access and use some of our Services, but certain features of our Services that require Your Information may not be accessible to you.
Information that You Generate Using Our Communications Features
Our Services may allow you to communicate or share information with Florida Healthcare Law Firm as well as other Florida Healthcare Law Firm users (including both patients and healthcare providers). For instance, you may participate in message boards and forums, post reviews, ratings and public comments, send private messages, chat via text or video with other users and post other content. You expressly acknowledge and agree that we may access in real-time, record and store archives of these communications, comments and other content on Florida Healthcare Law Firm servers to make use of them in connection with our Services.
Third Parties Provide Your Information to Us
We May Collect Your Information Using Technology
When you use our Services, we and service providers acting on our behalf may use technology to collect information about you, including your geographic location, IP address, browser type, ISP, referral and exit pages, clickstream data and information related to your device, such as hardware models and IDs, device type, operating system version, the request type, the content of your request and basic usage information about your use of our Services, such as date and time. We may also collect and store information locally on your device using mechanisms, such as browser web storage and application data caches.
We and service providers acting on our behalf may collect such information through a variety of technical methods, including sending cookies, web beacons, pixel tags and other anonymous identifiers to your device. “Cookies” are pieces of data stored on our computer, mobile phone or other device. A “web beacon” is a type of technology that lets us know if you visited a certain page or whether you opened an email. A “pixel tag” is a type of technology placed within a website or email for the purpose of tracking activity, which is often used in combination with cookies. Other “anonymous identifiers” are random strings of characters used for the same purposes as cookies, such as with mobile devices where cookie technology is not available. These technologies help us know that you are logged in to your Florida Healthcare Law Firm account, provide you with features based on your preferences, understand when you are interacting with our Services, and compile other information regarding your use of our Services.
Please note that, in most cases, you can stop making your geolocation available to us or remove or block cookies (such as by using the settings in your browser), but doing so may affect your ability to use our Services.
From time to time, we may participate in or use advertising networks, such as third-party advertising servers, advertising agencies, technology vendors and research firms. We may use these third-party advertising networks for marketing, advertising and promotional purposes, as well as to serve advertisements to you. Advertising networks often gather data about consumers who view advertisements to make inferences about a consumer’s interests and preferences, which enables such networks to deliver advertisements directly targeted to the consumer’s specific interests. This practice is often referred to as “online behavioral advertising.” For example, a third-party advertising network might collect the type of Internet browser you use, the type of computer operating system you use, the domain name of a website you visit, whether or not you visit specific pages of a website, the location of your Internet service provider’s presence, the date and time of a visit to a website and other interactions between you and a website. Please see the Online Behavioral Advertising subsection of the Choices About How We Use and Collect Your Information section below to read about how you can prevent certain third-party advertising networks from collecting information about you.
Some content or applications, including advertisements, on our Services may be served by third parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may collect information about you when you use our Services. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
How We Use Your Information
We may use Your Information for various lawful business purposes. Among others, these purposes may include using Your Information to:
- Provide our Services to you. For example, we might connect you to healthcare providers (e.g., via video or voice communications or text or other electronic messaging), help you make appointments with various healthcare providers, verify information that you provide to us and provide you with administrative notices.
- Contact you and provide you with information. For example, we might contact you through telephone, video communications, email, postal, notifications, text messages or other communications to provide you with Service updates, advertisements or promotional materials, surveys, offers, quotes, personalized information and other information from us or our business partners.
- Analyze, improve and manage our Services and operations. For example, we might obtain feedback regarding our Services to understand and anticipate your needs and preferences, better understand your use of our Services, customize and tailor Service content and advertising, improve our marketing and promotional efforts, engage in statistical analysis and provide feedback or information to our business partners, vendors, advertisers and other third parties.
- For any other related purpose with your consent.
How We Disclose Your Information
We may disclose Your Information:
- To any person who, in our reasonable judgment, is authorized to receive Your Information as your agent, including as a result of your business dealings with that person (for example, your attorney);
- To our third-party vendors so that they may provide support for our internal and business operations, including for data processing, data verification, data storage, surveys, research, internal marketing, delivery of promotional and marketing materials and our Services’ maintenance and security;
- To fulfill the purpose for which you provide it;
- To healthcare providers with whom you choose to schedule with or otherwise contact on or through our Services;
- To insurance providers that you identify to us to determine your eligibility and cost-sharing obligations, and otherwise obtain benefit plan information on your behalf;
- For any other purpose disclosed by us when you provide Your Information to us;
- With your consent;
- To third parties that are interested in contacting you or providing offers to you that may be related to our Services or to products or services that you may find of interest;
- As required by law or ordered by a court, regulatory or administrative agency;
- As we deem necessary, in our sole discretion, if we believe that you are violating any applicable law, rule or regulation, or are otherwise interfering with another’s rights or property, including our rights or property;
- If requested by authorities in the event of any act or instance of local, regional, national or international emergency;
- To enforce or protect our rights;
- In connection with a business transfer (as described in the section titled Business Transfers below); and
- To our affiliated companies (for example, companies under common control or management with us).
Protected Health Information
The combination of Your Information with health-related information that you provide in connection with scheduling an appointment on our Services, or that is created from your use of the appointment feature on our Services, may be considered “Protected Health Information” that is subject to special rules under the Health Insurance Portability and Accountability Act of 1996 (as amended by the Health Information Technology for Economic and Clinical Health Act and as otherwise amended from time to time, “HIPAA”). Any combination of Your Information with health-related information that you provide other than in connection with scheduling an appointment on our Services, or that is created other than from your use of the appointment feature on our Services, is not Protected Health Information and is not treated as such by Florida Healthcare Law Firm or under HIPAA.
Aggregation and De-Personalization
We may take Your Information and de-identify it either by combining it with information about other individuals (aggregating Your Information with information about other individuals), or by removing characteristics (such as your name) that make Your Information personally identifiable to you (de-identifying Your Information). We reserve the right to share, loan, rent, sell or otherwise disclose such information to third parties at any time, for any lawful purpose, without notice or compensation to you.
Circumvention of Security Measures
Please be aware that methods of transmission and electronic storage are not completely secure. We cannot guarantee the privacy or security of Your Information or any voice or data transmissions, as third parties may unlawfully intercept or access transmissions or electronic storage. Further, we are not responsible for circumvention of any privacy settings or security measures of our Services. Therefore, you use our Services at your own risk, you should not expect, that Your Information or voice or data transmissions will always remain private, and we do not guarantee the performance or adequacy of our privacy settings or security measures. In the event that an unauthorized third party compromises our security measures, we will not be responsible for any damages, directly or indirectly, caused by an unauthorized third party’s ability to view, use or disseminate Your Information.
You may provide information (including reviews, ratings, messages and other content) to be published, posted, submitted, transmitted, or displayed (collectively, “posted”) on or through our Services to Florida Healthcare Law Firm users or other third parties (collectively, including any video or voice communications, “User Contributions”). Your User Contributions are posted on our Services at your own risk. We cannot control the actions of other users of our Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed, read, collected or used by unauthorized persons.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding Your Information that you provide to us. Below are some mechanisms that provide you with control over certain information:
- “Do Not Track” Signals. Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a “Do Not Track” (“DNT”) or similar feature that signals to websites that a visitor does not want to have his or her online activity and behavior tracked. If a website operator elects to respond to a particular DNT signal, the website operator may refrain from collecting certain personal information about the browser’s user. Not all browsers offer a DNT option and there is currently no industry consensus as to what constitutes a DNT signal. Although Florida Healthcare Law Firm may respond to DNT signals, many website operators do not proactively respond to DNT signals. For more information about DNT signals, visit http://allaboutdnt.com.
- Communications. If you do not wish to receive notifications, text messages, alerts, posts, notices, emails or other communications from us, you can opt-out of receiving such communications from us (other than service-related communications, such as those communications related to the completion of your registration, correction of user data, change of password and other similar communications essential to your transactions on or through our Services) through your account settings or, to the extent applicable, by using the unsubscribe process at the bottom of such communication or by emailing us at email@example.com. Please be aware that it can take up to 15 business days to remove you from our marketing lists. If you opt-out from receiving our marketing communications, you may continue to receive service-related communications, such as communications that are essential to your transactions on or through our Services.
- Accessing and Correcting Personal Information. If a portion of our Services allows you to create an account with us, then you can review and update some of Your Information by logging into that portion of our Services, visiting your account profile page and making changes.
- Online Behavioral Advertising. Certain third-party advertising networks that deliver behavioral advertising are members of the Network Advertising Initiative (“NAI”). You can prevent NAI member companies from collecting preference data about you by visiting http://www.networkadvertising.org/choices/ and following the NAI’s directions. Note that if you opt-out through the NAI, you will still receive advertising. In addition, if you opt-out through the NAI and later delete your cookies, use a different browser or buy a new computer, you will need to renew your opt-out choice.
HIPAA and Privacy of your Protected Health Information
Confidential Information (“CI”) means (i) protected health information (“PHI”) as that term is defined in: (A) the Health Insurance Portability and Accountability Act of 1996 and regulations promulgated thereunder (collectively, as may be amended from time to time, “HIPAA”); and (B) the Health Information Technology for Economic and Clinical Health Act, Public Law 111-5, and regulations promulgated thereunder (collectively, as may be amended from time to time, “HITECH”); and (ii) personal information as that term is defined in the Florida Information Protection Act of 2014, Florida Statutes Section 501.171, and regulations promulgated thereunder (collectively, as may be amended from time to time, “FIPA”).
Acknowledgment of Confidential Nature of Information
Except as otherwise provided here, you must maintain the privacy, security and confidentiality of all CI in accordance with (i) all applicable federal statutes and regulations, including HIPAA and HITECH; (ii) all applicable state statutes and regulations, including FIPA; and (iii) the protocols, rules, policies and other requirements of accrediting agencies, licensors and authorities applicable to our operations.
Use of Confidential Information
You are authorized to use and disclose CI provided by us only for the proper management and administration of the relationship between us and you (the “Relationship”) and only in accordance with the provisions here. You will limit disclosure of CI to the minimum amount which is reasonably necessary to facilitate the Relationship. You may not use or disclose CI in a manner that would violate HIPAA, HITECH or FIPA. Except as otherwise provided here, you will not, and will cause your officers, directors, employees, contractors and agents not to, (i) use or access any CI other than that CI provided directly by us to you, without our prior written consent; (ii) use or access any CI other than the minimum necessary CI information for such person to perform his/her job function; and/or (iii) disclose any CI without our prior written consent.
Privacy and Security Obligations
You will use appropriate administrative, physical and technical safeguards to protect the safety, security and integrity of all CI, including all CI received from, created on behalf of or received on our behalf. Any/all such administrative, physical and technical safeguards shall be in compliance with HIPAA, HITECH and FIPA.
You specifically assure us that you will appropriately safeguard CI made available to or obtained by or accessed by you, including in connection with your retention of any third party. The permitted and required uses and disclosures of CI by you extend only to utilizing CI within the context of the Relationship and accessing and making disclosures of CI solely in connection with your obligations under the Relationship, or as otherwise required by law, both in a manner consistent with the then-applicable requirements of law, including HIPAA, HITECH and FIPA.
You will only disclose CI received from us to third parties if you first obtain reasonable assurances from the person to whom CI will be disclosed that: (i) CI will be held confidentially and used or further disclosed only as required by law, including HIPAA, HITECH and FIPA, or for the purpose for which it was disclosed to the person; (ii) the third party will not use or further disclose any CI in a manner that would be a violation of the then-applicable requirements of law, including HIPAA, HITECH and FIPA; and (iii) the third party will notify you of any instances of which it becomes aware in which the confidentiality of any CI has been breached in accordance with HIPAA, HITECH and FIPA. Such reasonable assurances will be included in a written agreement between you and the third party to whom disclosure is made.
If you become aware of a pattern of activity or practice of a third party to whom you have disclosed CI, which constitutes a material breach or violation of the third party’s obligation under the written agreement between you and such third party, you will take reasonable steps to cure the breach or end the violation (as applicable), and if such steps are unsuccessful, will terminate the written agreement, if feasible.
You acknowledge that under HITECH, both you and Florida Healthcare Law Firm could be deemed to be in violation of HIPAA or HITECH if we are aware of a pattern of activity or practice that would be deemed a material breach or violation of your obligations, unless we take reasonable steps to cure the breach or end the violation; and if such steps are unsuccessful, we must terminate our business relationship and report the problem to the Secretary of the Department of Health and Human Services. Accordingly, you will immediately notify us of each incident, whether isolated or a pattern of activity or practice, that constitutes any such material breach or violation as described above.
Specific HIPAA Privacy and Confidentiality Obligations
In connection with CI you receive, you will:
- (iv) ensure that each of your officers, directors, employees, agents and contractors to whom you provide CI, agrees in writing to the same restrictions and conditions that apply to you with respect to such CI;
- (v) within twenty (20) days of receiving a request from us, make available to us PHI necessary for us to respond to an individual’s request for access to PHI about the individual. If an individual requests access to PHI directly from you, you will not provide such access but will forward such request to us. Response to the individual’s request for access and any denials of access to the PHI will be our responsibility;
- (vi) within twenty (20) days of receiving a written request from us, make available to us PHI for amendment by the individual to whom it pertains and incorporate any such amendments into that individual’s PHI. If an individual makes a request directly to you to amend PHI, you will not amend such PHI but will forward such request to us. We will be responsible for assessing and responding to the individual’s request for amendment;
- within twenty (20) days of receiving a written request from us, make available to us any CI required to provide an accounting of disclosures of PHI by us. If you receive a request for accounting directly from an individual, you will not provide such accounting but will forward such request to us. We will be responsible for preparing and delivering such accounting to the individual after receipt of accounting from you. You will implement all processes and procedures necessary to enable us to comply with the request for accounting.
Disclosure Compelled by Law or Governmental Request
If you (i) become legally compelled by law, process or order of any court or legislative body, or governmental agency to disclose CI; or (ii) receive a request from the Secretary to inspect your books and records relating to the use and disclosure of CI, you will immediately notify us and cooperate with us in connection with any reasonable and appropriate action we deem necessary with respect to such CI including any effort by us to quash, modify or amend such compulsion, order or request. Contemporaneously with your delivery of any CI pursuant to a duly issued compulsion, order or request, you will deliver to us a true and complete copy of your response thereto, including copies of that CI included in your response. In the event any CI is seized or removed from your control pursuant to a search warrant or any comparable legal compulsion, you will notify us immediately and further will deliver to us a true and complete copy of said search warrant or legal compulsion and an inventory of all items and records seized or removed pursuant thereto to us.
We may immediately terminate our business relationship with you if we, in our sole discretion, determine that you or your employees, agents or contractors, intends to violate or has violated any term here, HIPAA, HITECH or FIPA.
Obligations Upon Termination
Upon the termination of the Relationship, you will promptly return all CI received or obtained from us, or created or received by you on our behalf, which you maintain in any form, unless we direct that you destroy such CI (and retain no copies of such CI). If you are directed to destroy CI, you will provide us with an affidavit, signed under oath, that all CI in your possession, or your employees and contractors has been destroyed. If there are reasons that the return or destruction of such CI is not feasible and such CI must be retained for specific reasons, the requirements pertaining to CI set forth here will continue in effect for so long as you retain such CI.
Agreements with Business Associates, Contractors and Vendors
You will incorporate in all agreements with your contractors and vendors, such HIPAA, HITECH and FIPA compliance provisions as are substantially in the form set forth here so that each will be bound under such agreements to the same extent as you are bound.
Your Information that You Disclose to Third Parties
Our Services may contain links or access to third-party websites, online services or mobile applications. Such third-party websites, online services and mobile applications are beyond our control. We are not responsible for the privacy policies, terms and conditions and other practices and content of such third parties. Any information that you disclose to third parties will be subject to the privacy policies and practices of such third parties. You should review the privacy policies and practices of such third parties prior to disclosing information to them. If you have any questions about how these third parties use your information, you should review their policies and contact them directly.
Operations of Our Services in the United States
Our Services are operated in the United States. Your Information may be processed by us in the country where it was collected as well as other countries (including the United States) where laws regarding processing of Your Information may be less stringent than the laws in your country. By using our Services or providing us with Your Information, you consent to this transfer and processing.
We do not knowingly collect personally identifiable information from children under 13. If we learn that we have inadvertently gathered personal information from a child under 13, we will take reasonable measures to promptly remove that information from our records.
Changing Your Information
To the extent required by applicable law, you may request that we inform you about Your Information that we maintain, and where appropriate, request that we update, correct or suppress Your Information that we maintain in our active database. We will make all required updates and changes within the time specified by applicable law, and where permitted under applicable law, may charge an appropriate fee to cover the costs of responding to such request. Please remember, if you make such a request, we may not be able to provide you with the same quality and variety of products and services to which you are accustomed. Please direct your requests to the address listed above under the section titled Introduction above.
Your California Rights Policy
Individuals who are residents of California and have provided Your Information to us may request certain information regarding our disclosure of Your Information to third parties for direct marketing purposes. Such requests must be submitted to us at firstname.lastname@example.org or in writing at:
The Law Offices of Jeff Cohen, P.A.
909 SE 5th Avenue Suite 200
Delray Beach, FL 33483
California privacy rights requests must include the reference “Request for California Privacy Information” on the subject line and in the body of the message and must include the email address or mailing address, as applicable, for us to send our response. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted other than to the address specified above.