Privacy Policy

Privacy Policy

Last Updated May 26, 2017

This Privacy Policy (this “Privacy Policy”) is written to inform you (or the entity on whose behalf you are joining the Site) (“You” or as the context requires “Your”) what personal information eClinicalWorks, LLC (“eCW”) may collect and how eCW uses such information. This Privacy Policy is a part of and incorporated into the Terms of Use Agreement (“Terms of Use”) applicable to the eClinicalWorks website portal (“Site”) and any terms capitalized herein but not defined shall have the meanings assigned to such terms in the Terms of Use. By visiting or using the Site, You agree to accept the practices described in this Privacy Policy. If You do not agree to the terms of this Privacy Policy, please do not use the Site. Please note that some privacy rights and obligations may differ in certain locations based on local law, in which case eCW will comply with the local legal requirements.

eCW reserves the right, at any time, to modify this Privacy Policy. If we make revisions that change the way we collect, use, or share Personal Information, we will post those changes in this Privacy Policy. If we make material changes to our Privacy Policy, 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 Policy periodically so that You keep up to date on our most current policies and practices. We will note the effective date of the latest version of our Privacy Policy at the beginning of this Privacy Policy.

Personal Information Collected By the Site:

eCW uses information that we collect from visitors and users to the Site to personalize and improve Your visit and experience at the Site and for other purposes set out below. eCW gathers the following types of information:

Information You Give to Us:

Through a user’s interactions with the Site, eCW collects “Personal Information,” which is information that identifies an individual or relates to an identified individual. Personal Information includes any information You have provided in connection with Your use of the Site. Personal Information is collected when You establish an account with us, or when You communicate with us about the Site.

“Sensitive Personal Information” refers to Personal Information regarding more sensitive areas, such as Your government ID and certain other medical or health information, financial information, gender, marriage status, race/ethnicity, or veteran or disability status.

Web Beacons:

eCW (or service providers on our behalf) may collect information from visits to the Site through the use of “Web Beacons.” Web Beacons are web page elements which may employ cookie technology that enables eCW to record data about visits to or transactions made on the Site. This information is sometimes known as “clickstream data.” We may use this data to analyze trends and statistics to improve Your online experience or our customer service. No Personal Information is collected through the use of Web Beacons on the Site.

Cookies:

Through the use of cookies, we may also collect and analyze the IP address used to connect Your computer to the Internet; computer and connection information such as Your browser type and version; operating system and platform; purchase history; confirmation when You open email that we send You; and the URLs which lead You to and around the website including the date and time. You can generally set Your browser to reject cookies or to notify You when You are sent a cookie. Software is also available from third parties which will allow You to visit the website without providing this information.

Use of Information Collected By Us:

eCW uses the Personal Information we collect in an effort to improve Your experience on the Site, to provide services to You and to communicate with You about information that You request. We may also use Personal Information to help us target specific offers to You and to help us develop and improve our Site. Additionally, eCW may use Your Personal Information to:

  • Respond to user service requests.
  • Administer user accounts.
  • Provide service to our clients, which may include healthcare providers.
  • Respond to your questions and concerns.
  • To communicate with users about our products, services, and related issues.
  • To administer fees and provide users with invoices or resolve billing issues.
  • Conduct research and analysis.

Sharing of Information with Third Parties:

We will not rent, sell or otherwise disclose Your Personal Information to unrelated third parties without Your consent, except as stated in this Privacy Policy:

  • eCW may disclose Personal Information to its parent, subsidiary, affiliates, and other related companies without Your consent.
  • eCW may disclose Personal Information to service providers for the purposes of operating our business, delivering, improving, and customizing our products or services, sending marketing and communications related to our business, payment processing, and for other legitimate purposes permitted by applicable law. eCW is responsible for the processing of personal data it receives from citizens of the EU under the Privacy Shield Framework and subsequently transfers to a third party acting as an agent on its behalf.eCW complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.
  • eCW may disclose Personal Information, including Sensitive Personal Information, to our clients, which may include healthcare providers.
  • To the extent permitted by law, eCW will disclose Personal Information to government authorities or third parties pursuant to a legal request, subpoena, or other legal process. ECW may also use or disclose Your Personal Information as permitted by law to perform charge verifications, apply or enforce the Site’s Terms of Use, or protect eCW’s rights, interests, or property as well as those of our affiliates, customers, or Site users.
  • If eCW 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, You agree that eCW may transfer Your Personal Information to a third party as part of that transaction.
  • eCW gives citizens of the EU the opportunity to opt-out prior to disclosing Personal Information or using Personal Information for a purpose that is incompatible with the purpose for which it was originally collected or subsequently authorized by such individual. Additionally, eCW gives citizens of the EU the opportunity to affirmatively opt-in prior to any additional disclosures of Sensitive Personal Information to a third party not described in this Privacy Policy or to use of Sensitive Personal Information for a purpose that is incompatible with the purpose for which it was originally collected or subsequently authorized by such individual. Exceptions to these requirements may apply where the disclosure of Personal Information is necessary for eCW to coordinate with service providers or Your selected healthcare provider, carry out its employment law obligations, or for other reasons as permitted by the Supplemental Principles under the Privacy Shield Framework or applicable law.

Security of Personal Information:

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

Data Integrity and Purpose Limitation:

eCW limits the use of Personal Information to ways that are compatible and relevant to the purposes for which the Personal Information was collected or subsequently authorized or for which consent was obtained. eCW will take reasonable steps to ensure that Personal Information is reliable for its intended use, accurate, complete, and current.

Retention of Personal Information:

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

Aggregated De-Identified Information:

eCW may provide aggregated information related to Your Personal Information to some of our business partners. This information is used in a collective manner and does not identify You individually in any way. In addition, as set forth in the Terms of Use for the Site, eCW may, subject to the limitations set out in the Terms of Use, use certain de-identified PHI.

Links to Third Party Websites:

The Site may contain certain links to third party websites. eCW 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 sites are provided solely for Your convenience and any use or submission of data to such sites shall be at Your sole risk.

Cross Border Transfer of Personal Information:

eCW may transfer Your Personal Information to eCW’s entity in the United States, to any eCW subsidiary or affiliate, or to third parties as described above that are located in various countries around the world. By using our websites or products, or providing any Personal Information to eCW, where applicable law permits, You consent to the transfer, processing, and storage or such information outside of Your country of residence where data protection standards may be different.

eCW safeguards and enables the global transfer of Personal Information in a number of ways:

  • EU-US Privacy Shield

    eCW has certified its compliance with the EU-U.S. Privacy Shield Framework. eCW is committed to subjecting all personal data received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Privacy Shield Principles. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit here. With respect to personal data received or transferred pursuant to the Privacy Shield Framework, eCW is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.

If You have any complaints regarding our compliance with this Privacy Policy, You should first contact us at the address listed below under the section titled “Contact Information.” We will investigate and attempt to resolve complaints and disputes regarding collection, use, and disclosure of Personal Information in accordance with this Privacy Policy.
If You are a citizen of the EU and You have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact JAMS, our U.S.-based third party dispute resolution provider (free of charge) by clicking here. Under certain conditions, more fully described on the Privacy Shield website, You may invoke binding arbitration when other dispute resolution procedures have been exhausted. If You are an employee, past employee, or prospective employee, please see our employee privacy notice for information concerning who to contact if You have an unresolved privacy or data use concern.

Right to Access and Correct Personal Information:

eCW strives to make sure that our information is reliable, accurate, and up-to-date. While Personal Information is maintained by eCW, You may access the Personal Information that eCW has collected directly from You to the extent required by law to review, update, and correct inaccuracies. Upon request made to the contact listed below under the section titled “Contact Information,” we will provide You with reasonable access to the Personal Information we have collected from You. Because Personal information—for example, Your email address—is required to use the Site, we retain certain Personal Information as long as your account is active. You will have the opportunity to correct, transfer, update, modify, or delete this information by logging into Your account and updating Your Personal Information online. You may also limit the use and disclosure of Your Personal Information by either unsubscribing from marketing communications or contacting us at the address listed below under the section titled “Contact Information.” Please note that some information may remain in our records even after You request deletion of Your Personal Information, to the extent permitted by the Privacy Shield Principles or required by applicable laws. Additionally, there may be limits to the amount of information we can practically provide. For example, we may limit access to Personal Information where the burden or expense of providing access would be disproportionate to the risks to an individual’s privacy or where doing so would violate others’ rights. Except as required by applicable law, eCW does not provide You with access to patient records and will recommend that You directly contact Your healthcare provider to obtain a copy of Your patient records.

Contact Information:

If You have any questions or concerns related to this Privacy Policy, please contact the eCW Chief Privacy Officer at:
eClinicalWorks, LLC
2 Technology Drive
Westborough, MA 01581
Attn: Chief Privacy Officer
privacy@eclinicalworks.com