MDLIVE Privacy Policy

Last modified: August 10, 2023

1. Introduction.

This Privacy Policy describes how MDLIVE collects and uses Personal Information about you through the use of our Website, mobile application (“Application”), and through email, text, and other electronic communications between you and MDLIVE.

MDLIVE, Inc. (“MDLIVE,” “we,” “our,” or “us”) respects your privacy, and we are committed to protecting it through our compliance with this policy.

This Privacy Policy (our “Privacy Policy”) describes the types of information we may collect from you or that you may provide when you visit MDLIVE.com or any of our affiliated websites where this Policy is posted(collectively, “Website”) and the MDLIVE Application and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

on our Website and Application;
in emails, text message, phone conversations, audio and video interactions and other electronic messages between you and our Website and Application;
when you interact with our advertising and applications on third party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

us offline or through any other means, including on any other website operated by MDLIVE or any third party;
any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website or Application.

Note, MDLIVE is not a medical group. Any telemedicine consults obtained through our Website or Application are provided by independent medical practitioners including, but not limited to, MDLIVE Medical Group, P.A., MDLIVE Medical Group (DE), P.A., MDLIVE Medical Group of New York, MDLIVE Medical Group (IL), LLC, MDLIVE Medical Group(NC), P.C., MDLIVE Medical Group (NJ), LLC, MDLIVE Medical Group NM, LLC, MDLive Medical Group of California, MDL Medical Group (TX), PLLC, and MDLIVE Medical Group (AK) (collectively, “MDLIVE Medical Group”), which are independent medical groups with a network of United States based health care providers (each, a “Provider”). MDLIVE Medical Group (or your own medical provider if you do not use a MDLIVE Medical Group Provider) is responsible for providing you with a Notice of Privacy Practices describing its collection and use of your health information, not MDLIVE. If you do not agree to be bound by those terms, you are not authorized to access or use our Website, and you must promptly exit our Website or Application.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, you should not use our Website and Application. By accessing or using our Website and/or Application, you are deemed to have read and understood this Privacy Policy. This Privacy Policy may change from time to time (see Changes to Our Privacy Policy).Your continued use of our Website or Application after we make changes is deemed to be an acknowledgment that you have reviewed those changes, so please check this Privacy Policy periodically for updates.

2. Children Under the Age of 18.

Our Website and Application are not intended for children under the age of 18 without parental consent.

If you are under the age of eighteen (18) and wish to create an account with MDLIVE, your parent or legal guardian must create the account, submit your Personal Information, and agree to this privacy policy on your behalf. If you are under the age of 13, you may only use our services and access our Website and Application with the supervision and consent of your parents or legal guardians, including the Provider consultation services. If we learn that we have collected Personal Information from someone under the age of 13 that was not provided with the supervision and consent of the minor’s parents or legal guardian, we will promptly delete that information. If you believe we have impermissibly collected Personal Information from someone under the age of13, please contact us using the information below.

3. Information We Collect About You and How We Collect It.

We collect different types of information about you, including information that may directly identify you, information that is about you but individually does not personally identify you, and information that we combine with our other users. This includes information that we collect directly from you or through automated collection technologies.

Generally

We collect several types of information from and about users of our Website and Application (collectively, “Personal Information” or “Personal Data,” as defined under applicable state law), specifically information:

by which you may be personally identified, such as name, address, e-mail address, home, work, and mobile telephone numbers, date of birth, credit or debit card number (for payment purposes only), audio (including recordings and transcripts), images and videos of you, gender, Social Security Number, your medical history, health insurance subscriber information, and health information;
about your Internet connection, the equipment you use to access our Website or use our Application and usage details, such as traffic data, logs, referring/exit pages, date and time of your visit to our Website or use of our Application, error information, click stream data, and other communication data and the resources that you access and use on the Website or through our Application.

We collect this information:

directly from you when you provide it to us;
automatically as you navigate through the Website or use our Application. Information collected automatically may include usage details, IP addresses, and information collected through cookies and other tracking technologies; and
from third parties, for example, our business partners.

Information You Provide to Us

The information we collect on or through our Website or through our Application is:

information that you provide by filling in forms on our Website or the Application videos, images and recordings when interacting with a Provider on our Website or the Application. This includes information provided at the time of registering to use our Website or Application as well as information provided when using our Provider consultation services, purchasing products, or requesting further services. We may also ask you for information when you report a problem with our Website or Application;
records and copies of your correspondence (including email addresses), if you contact us; and
details of transactions you carry out through our Website or through the Application and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website or Application.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website or Application or transmitted to other users of the Website or Application or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website and Application 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 by unauthorized persons.

Video and audio from your medical telehealth visit may be recorded for purposes which may include treatment, quality, improvement of health status, customer and patient experience, customer and patient engagement and/or behavior modification, peer review, payment, efficiency, cost effectiveness and/or other purposes relating to operations and provision of telehealth services. Behavioral health visits are not recorded. By using the telehealth services available through our Website and Application you specifically consent to the recording of the medical visit.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website and Application, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, specifically:

details of your access to and use of the Application and Website, including traffic data, location data, logs, and other communication data and the resources that the end user accesses and uses on or through the Application and Website;
information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number;
information stored on your mobile device, including in other applications. This may include, photographs, audio and video clips, personal contacts, and health information. In particular, we may collect information through your iOS HealthKit application. This data will be used only to provide and improve our services, and will not be used or shared with third parties for marketing purposes; or
real-time information about the location of your device.

The information we collect automatically may include Personal Information or we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Website and Application and to deliver a better and more personalized service by enabling us to:

estimate our audience size and usage patterns;
forecast future needs, functions, and uses of our services, the Website, and the Application;
better understand user satisfaction levels and experiences;
store information about your preferences, allowing us to customize our Website and our Application according to your individual interests;
recognize you when you return to our Website and our Application;
in other ways to improve your experience and the quality of our Website, Application, and services.

The technologies we use for this automatic data collection may include, among others, the following:

Cookies (or browser cookies). We and our service providers may use cookies, pixel tags, web beacons, and other technologies to receive and store certain types of information whenever you interact with our Website and Application through your computer or mobile device. A “cookie” is a small piece of data sent from a website and stored on the user’s computer by the user’s web browser while the user is browsing. On your computer, you may refuse to accept browser cookies by activating the appropriate setting on your browser, and you may have similar capabilities on your mobile device in the preferences for your operating system or browser. However, if you select this setting you may be unable to access certain parts of our Website or use certain parts of our Application. Unless you have adjusted your browser or operating system setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website or use our Application.
Flash Cookies. Certain features of our Website and Application may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Web site and Application. Flash cookies are not managed by the same browser settings as are used for browser cookies. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website.
Adobe Analytics. We use Adobe Analytics to evaluate our website functionality and make improvements. To learn more about Adobe’s privacy practices or to opt-out of cookies set to facilitate reporting, click here (https://www.adobe.com/privacy.html).
Google. We use Google tags, cookies, and similar products to track and facilitate our advertising, including by serving ads. You may review Google’s privacy policies by visiting their website at https://policies.google.com/privacy?hl=en-US. Google account users may be able to opt of personalized ads for Google via that company’s Marketing Platform opt-out page (https://adssettings.google.com/anonymous?hl=en#display_optout).

Meta (Facebook/Instagram). We use the Meta Pixel, a web analytics and advertising service provided by Meta Inc. (“Meta”) on our Website and Application. With Meta’s help, we can keep track of what users do after they see or click on a Meta advertisement, keep track of users who access our Website and Application or advertisements from different devices, and better provide advertisements to our target audiences. The data from the Meta Pixel is also saved and processed by Meta. Meta can connect this data with your Meta account and use it for its own and others advertising purposes, in accordance with Meta’s Data Policy which can be found at https://www.facebook.com/about/privacy/.

Microsoft. We use the Microsoft tags, including Universal Event Tracking, and similar technologies to evaluate the effectiveness of our advertising and deliver advertising. The UET tag collects data from users for these purposes. Please review Microsoft’s privacy policy at https://privacy.microsoft.com/en-us/privacystatement for additional information.

Please note that we are not responsible for the practices or policies of these third parties. For additional information about controlling information collected from our Website or Application, including of how to opt-out of certain third-party affiliations, please see the section titled “Choices About How We Use and Disclose Your Information”, below.

4. How We Use Your Information.

We use your Personal Information for various purposes described below, including to:

provide our Website or Application to you;
provide services to you;
provide you with information you request from us;
enforce our rights arising from contracts;
notify you about changes; and
provide you with notices about your account.

We use information that we collect about you or that you provide to us, including any Personal Information:

to provide and improve our Website, Application, products, and services. For example, we may convert our recordings to text and perform machine learning or similar activities using artificial intelligence programs or similar models on data we receive;
to provide you with information, products, or services that you request from us or that may be of interest to you;
for purposes of treatment, quality, improvement of health status, customer and patient experience, customer and patient engagement and/or behavior modification, peer review, payment, efficiency, cost effectiveness and/or other purposes relating to operations and provision of telehealth services;
to process, fulfill, support, and administer transactions and orders for products and services ordered by you;
to provide you with notices about your MDLIVE account;
to contact you in response to a request;
to administer surveys;
to fulfill any other purpose for which you provide it;
to carry out our obligations and enforce our rights arising from any contracts entered into between you and us or between us and health plans or other benefit programs, including for billing and collection;
to notify you about changes to our Website, our Application, or any products or services we offer or provide though them;
in any other way we may describe when you provide the information; and
for any other purpose with your consent.

We may also use your information to contact you about goods and services that may be of interest to you, including through newsletters. If you wish to opt-out of receiving such communications, you may do so at any time by clicking unsubscribe at the bottom of these communications. For more information, see “Choices About How We Use and Disclose Your Information”.

Health Information

Some information MDLIVE collects constitutes protected health information (“PHI”) under the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). As set forth above, MDLIVE Medical Group (or your own medical provider if you do not use an MDLIVE Medical Group Provider) will provide you with a Notice of Privacy Practices describing its collection, use and disclosure of your PHI, not MDLIVE, Inc. MDLIVE is a “business associate” (as that term is used under HIPAA) that provides services to and for MDLIVE Medical Group, other health care providers and health care plans, referred to as “covered entities” under HIPAA, and enters into business associate agreements with these covered entities. MDLIVE will use and disclose PHI only in accordance with the business associate agreements and HIPAA.

De-Identified Information

We may de-identify your Personal Information so that it no longer reasonably identifies you. In this case, we may use this de-identified data without restriction and for any purpose, including to improve our Website, Application, and products and services.

5. Disclosure of Your Information

We may disclose your Personal Information to a few third parties, including:

our affiliates and third party service providers that we use to support our business;
to a company we merge, acquire, or that buys us, or in the event of change in structure of our company of any form;
to comply with our legal obligations;
to enforce our rights; and
with your consent.

We do not share or otherwise disclose your Personal Information for purposes other than those outlined in this Privacy Policy. We may disclose Personal Information that we collect or you provide as described in this privacy policy:

We may disclose Personal Information that we collect or you provide as described in this privacy policy:

to affiliates, contractors, service providers, and other third parties we use to support our business. The services provided by these organizations include providing IT and infrastructure support services, and ordering, marketing and advertising (including through the Tracking and Advertising Technologies discussed below), and payment processing services;
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 held by MDLIVE about our Website and Application users are among the assets transferred;
to fulfill the purpose for which you provide it. For example, we may disclose your Personal Information to a Provider;
for any other purpose disclosed by us when you provide the information;
with your consent.

We may also disclose your Personal Information:

to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
to enforce or apply our Terms of Use and other agreements, including for billing and collection purposes; and
if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of MDLIVE, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

6. Choices About How We Use and Disclose Your Information

We offer you choices on how you can opt out of our use of tracking technology, disclosure of your Personal Information for our advertising to you, and other targeted advertising.

We do not control the collection and use of your information collected by third parties. We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with control over your Personal Information:

Tracking Technologies and Advertising. You can set your browser or operating to refuse all or some cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our Website or Application may then be inaccessible or not function properly.
Promotional Offers from MDLIVE. If you do not wish to have your email address used by MDLIVE to promote our own products and services, you can opt-out at any time by clicking the unsubscribe link at the bottom of any promotional emails or other marketing communications you receive from us. This opt out does not apply to information provided to MDLIVE as a result of a product purchase, or your use of our services.
Location Information. You can choose whether or not to allow the Application to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, some parts of the Application may then be inaccessible or not function properly.
Targeted Advertising. To learn more about interest-based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance and the Network Advertising Initiative (NAI) websites (www.aboutads.info and www.networkadvertising.org). Please note that if you choose to opt out, you will continue to see ads, but they will not be based on your online activity. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can also opt out of receiving targeted ads from members of the NAI on its website.

7. Your Rights Regarding Your Information and Accessing and Correcting Your Information

You may review and change your Personal Information by logging into the Application or Website and visiting your Account Details page.

You can review and change your Personal Information by logging into our Website or Application and visiting either the Account Details section of our Application or Website. You may also notify us through the Contact Information below of any changes or errors in any Personal Information we have about you to ensure that it is complete, accurate, and as current as possible or to delete your account. We cannot delete your Personal Information except by also deleting your account with us. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.

With respect to any PHI in our possession, you have certain rights under HIPAA as described in the Notice of Privacy Practices provided to you by your healthcare Provider.

California and Colorado residents have additional rights with respect to accessing and Correcting Personal Information, as described in the Privacy Rights for California and Colorado Residents, below.

8. Data Security

Information transmitted over the Internet is not completely secure, but we do our best to protect your Personal Information. You can help protect your Personal Information and other information by keeping your password to our Website confidential.

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. We use application timeouts and encryption technology for information sent and received by us.

The safety and security of your information also depends on you. Where you have chosen a password for the use of our Website or Application, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we work diligently to try and protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website or on or through our Application. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website, in your operating system, or in the Application.

9. Privacy Rights and Information for California and Colorado Residents

The California Consumer Privacy Act (“CCPA”) and the Colorado Privacy Act (“CPA”) provide residents of those states with certain additional privacy rights as described below.

These California and Colorado Privacy Rights supplement the other information contained in our Privacy Policy and apply solely to visitors, users, and others who reside in the State of California or the State of Colorado (“consumers” or “you,” when either term is used in the applicable section).

Please note that these laws expressly exclude information regulated as protected health information (PHI) collected by a “covered entity” (e.g., a health care provider or insurance plan) or “business associate” (e.g., MDLIVE) that provides services to covered entities subject to HIPAA. In addition, the CCPA also excludes information regulated under the California Confidentiality of Medical Information Act (CMIA).

Categories of Personal Information and Personal Data that MDLIVE Collects

As described in more detail in other areas of our Privacy Policy, we collect and/or disclose Personal Information or Personal Data about you when you visit use our Website or Application, including information that you provide to us and information that we automatically collect from you or your computer or device as you use our Website or Application. Please refer to Information We Collect About You and How We Collect It for additional information and details.

Categories of Sources from Which MDLIVE Has Collected Personal Information or Personal Data

We collect Personal Information or Personal Data directly from you, for example when you provide it to us, such as to contact us through our Website or Application, and indirectly from you automatically through your computer or device as you use our Website or Application. We may also collect Personal Information or Personal Data about you from our advertising partners and service providers.

Use of Personal Information or Personal Data

We may use Personal Information or Personal Data we collect for the purposes described elsewhere in this Privacy Policy. Please refer to the section “How We Use Your Information” for details about our practices regarding the use of Personal Information.

Sharing and Disclosing Personal Information and Personal Data, and Purposes for Such Disclosures

MDLIVE may disclose your Personal Information or Personal Data to various service providers for one or more business purposes as described above. When we disclose Personal Information or Personal Data to a service provider for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information or Personal Data confidential and not use it for any purpose except performing the contract.

The Personal Information or Personal Data we may disclose for our business purposes may include your contact information or other information you have provided to us, as well as unique identifiers that identify you to us or to our service providers, such as companies that assist us with marketing and advertising. Please refer to the Information We Collect About You and How We Collect It and Disclosure of Your Information sections for additional information and details.

Additionally the CCPA defines a "sale" as disclosing or making available to a third party Personal Information in exchange for monetary or other valuable consideration, and “sharing” broadly includes disclosing Personal Information or making it available to a third party for purposes of cross-context behavioral advertising. While we do not disclose Personal Information to third parties in exchange for monetary compensation, we may “share” or “sell” (as defined by the CCPA) identifiers and internet and electronic network activity information to third parties. We do so in order to improve and evaluate our advertising campaigns and better reach customers and prospective customers with more relevant ads and content. More details about our marketing practices are described above in the Information We Collect Through Automatic Data Collection Technologies and Disclosure of Your Information sections.

We do not have actual knowledge that we sell or share any Personal Information about individuals who are under sixteen (16) years old.

10. California Privacy Rights

To the extent you are a California resident, you may have the following rights regarding your Personal Information:

Right to Access: With respect to the Personal Information we have collected about you in the prior 12 months, you have the right to request from us (up to twice per year and subject to certain exemptions): (i) categories of Personal Information about you we have collected; (ii) the sources from which we have collected that Personal Information; (iii) our business or commercial purposes for collecting, selling, or disclosing that Personal Information; (iv) the categories of third parties to whom we have disclosed that Personal Information; and (v) a copy of the specific pieces of your Personal Information we have collected.
Right to Correct: You have the right to request that we correct inaccuracies in your Personal Information.
Right to Delete: Subject to certain conditions and exceptions, you may have the right to request deletion of Personal Information that we have collected about you.
Right to Opt-Out of Sale/Sharing: You may have the right to opt-out of the “sale” or “sharing” of your Personal Information. To opt out from the sharing or sale of information described above, please click on the “Do Not Sell or Share My Personal Information” link on the bottom of the website homepage.
Right to Non-Discrimination: We will not discriminate against you for exercising any of the rights described in this section.
Authorized Agent: You may designate someone as an authorized agent to submit requests and act on your behalf. To do so, you must provide us with written permission to allow the authorized agent to act on your behalf.

To make a request for the rights described above, please contact us at (800)-400-6354 or by emailing us at privacy@mdlive.com.

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access twice within a 12-month period.

Please note that the verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative. We specifically request that you provide us with the following information: (1) first and last name; (2) email address; (3) date of birth; and (4) address. We will take steps to verify your request by matching the information provided by you with the information we have in our records. In some cases, we may request additional information in order to verify your request or, where necessary, to process your request.

Your request must also include sufficient detail to allow us to properly understand, evaluate, and respond to it.

11. Colorado Privacy Rights

Under the CPA, Colorado residents have the right to receive certain disclosures regarding a business’ processing of “Personal Data,” as defined under the CPA, as well as certain rights with respect to our processing of such Personal Data. To the extent you are a resident of Colorado, and we collect Personal Data subject to applicable Colorado law, the following applies.

Right to Access: You have the right to confirm whether or not we are processing your Personal Data and to access such Personal Data.
Right to Correction: You have the right to correct inaccuracies in your Personal Data, taking into account the nature of the Personal Data and the purposes of the processing of your Personal Data.
Right to Deletion: You have the right to delete the Personal Data provided to us by you.
Right to Data Portability: You have the right to obtain a copy of the Personal Data that you previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows you to transmit your Personal Data to another controller without hindrance, where the processing is carried out by automated means.
Right to Opt-Out of Sale, Targeted Advertising, and Profiling: For purposes of the CPA, a “sale” includes disclosing Personal Data to a third party in exchange for monetary compensation or other valuable consideration. We do not “sell” Personal Information under this definition. Colorado residents have the right to opt out of the processing of your Personal Data by us for decisions that produce legal or similarly significant effects concerning you. We do not process Personal Data for such profiling. To opt out of targeted marketing, please click on the link titled “Cookie Preferences” on the bottom of the website homepage.
Right to Appeal: If we decline to take action regarding your request, you have the right to appeal. We will notify you providing our reasons and instructions for how you can appeal the decision. You have the right to contact the Colorado Attorney General if you have concerns about the result of the appeal.

If any of the rights described in the sections above apply to you, you may make a request by contacting us at (800)-400-6354 or by emailing us at privacy@mdlive.com. Please indicate that you are making a request pursuant to your “Colorado Privacy Rights” and provide us with the following information: (1) first and last name; (2) email address; (3) physical address; and (4) date of birth. We will take steps to verify your request by matching the information provided by you with the information we have in our records.

12. Changes to Our Privacy Policy

We will post any changes to our Privacy Policy on our Website. If we make material changes to our Privacy Policy, we may notify you of such changes through your contact information and invite you to review (and accept, if necessary) the changes.

We may change this Privacy Policy at any time. It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on the Website’s home page or the Application’s home screen. If we make material changes to how we treat our users’ Personal Information, we will notify you by email to the email address specified in your account and/or through a notice on the Website’s homepage or the Application’s home screen. The date this Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically accessing the Application or visiting our Website and reviewing this Privacy Policy to check for any changes.

13. Contact Information

You may contact us through the contact information below.

If you have any questions, concerns, complaints or suggestions regarding our Privacy Policy or otherwise need to contact us, you may contact us at the contact information below or through the “Contact Us” page on our Website or in the Application.

How to Contact Us:

MDLIVE, Inc.
Attn: Chief Compliance Officer
3350 SW 148th Avenue, Suite 300
Miramar, Florida 33027
Telephone: (888) 910-8508
Email: privacy@mdlive.com