Introduction
Your privacy is important to Motto Health, Inc., so we’ve developed this Privacy Policy to explain how we use your personal information. When we use the term “personal information” in this Privacy Policy, we mean information about you that is personally identifiable to you.
In order to understand how we use your personal information, we need to explain Motto’s legal organization. As further described in our Terms of Use, Motto Health, Inc. operates the websites located at www.mottohealth.co and other related websites, web-based applications and mobile applications (“the Site”). An associated but independent group of affiliated clinical practices (“Practices”) provides the licensed professionals who treat Members on the Site. Both Motto Health, Inc. and Practices (collectively, “Motto”, “we”, and “us”) may use and disclose your personal information collected through the Site and other communications between you and Motto, but how we use and disclose that information depends on whether it is health information or another type of personal information. For purposes of clarification, Motto Health, Inc. does not provide any medical or clinical services.
This Privacy Policy (our “Privacy Policy”) also describes our practices for collecting, using, maintaining, protecting, and disclosing that information. We respect your privacy and are committed to protecting it through our compliance with this policy. All capitalized terms in this Privacy Policy not defined herein shall have the meaning set forth in the Terms of Service.
We believe that your health information should have heightened privacy protections, which is also required by federal and state laws. All collection, use, and disclosure of your health information through the Site is governed by Practice’s Health Information Privacy Policy. When you create an Account and log in to the Site using your Account Information, you access a secure patient portal. We treat all health information that you provide when creating an Account and in the patient portal as health information under Practice’s Health Information Privacy Policy. That means if we need to collect, use, or disclose that health information for any reason, we follow the Health Information Privacy Policy. Please review the Health Information Privacy Policy for more information on how we protect your health information and your rights under applicable laws.
This Privacy Policy applies to information we collect:
on our Site;
in email, text, mail, in app messaging, and other electronic messages between you and our Site;
telephonically between you and Motto.
It does not apply to information collected by:
us offline or through any other means, including on any other website operated by us 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 Site.
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, your choice is not to use our Site. By accessing or using our Site, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see below Changes to Our Privacy Policy). Your continued use of our Site after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.
Information We Collect About You
We collect, or may collect, several types of information from and about users of our Site, specifically information:
by which you may be personally identified, such as name, postal address, billing address, email address, work address, shipping address, e-mail address, telephone numbers (home, work, and mobile), driver’s license number and other government identification numbers (such as social security number), date of birth, credit or debit card number (for payment purposes only), insurance carrier membership data, biometric data, gender, race, religion, photos of you, registration information (including login and passwords), and other personal information;
that is about you but individually does not identify you, such as traffic data, location data, logs, referring/exit pages, date and time of your visit to our Site, error information, clickstream data, and other communication data and the resources that you access and use on the Site;
about your internet connection, the equipment (such as browser and device types, device identification numbers, or other online identifiers) you use to access our Site and usage details.
We refer to this information collectively as “Personal Data” in this Privacy Policy.
How We Collect Information About You
We collect Personal Data directly from you when you provide it to us, automatically as you navigate through the Site and from third parties, for example, our business partners.
The information we collect on or through our Site provided by you may include:
information that you provide by filling in forms on our Site. This includes information provided at the time of registering to use our Site, completing a questionnaire or form, or requesting further services. We may also ask you for information when you report a problem with our Site;
records and copies of your correspondence (including email addresses), if you contact us;
your responses to forms or surveys that we might ask you to complete; and
details of transactions that may be tracked through our Site and of initiation of services. You may be required to provide financial information as part of initiation of services through our Site.
We may also collect information about you, including Personal Data, automatically. The information we collect automatically may include personally identifiable information or we may maintain it or associate it with personally identifiable information we collect in other ways or receive from third parties. It helps us to improve our Site and to deliver a better and more personalized service by enabling us to:
estimate our audience size and usage patterns;
verify your location to ensure we can provide you with our services;
store information about your preferences, allowing us to customize our Site according to your individual interests;
recognize you when you return to our Site.
The technologies we use for this automatic data collection may include:
Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer or mobile device. 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 Site. 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 Site.
Google Analytics. We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to collect certain information relating to your use of the Site. Google Analytics uses “cookies”, which are text files placed on your computer, to help the Site analyze how users use the site. You can find out more about how Google uses data when you visit our Site by visiting “How Google uses data when you use our partners' sites or apps”, (located at www.google.com/policies/privacy/partners/). For more information regarding Google Analytics please visit Google's website, and pages that describe Google Analytics, such as www.google.com/analytics/learn/privacy.html.
Google Adwords. We may also use Google AdWords or other advertising networks to provide you with interest-based advertising based on your online activity.
We use other third-party analytics tools to help analyze how individuals use the Site, including but not limited to Mixpanel and Iterable. Such third parties may use Cookies, APIs, and SDKs in our services to enable them to collect and analyze user and device related data and information on our behalf. Such third-parties may use Cookies to collect information such as how often users visit the Site, what pages they visit, and what other sites they used prior to coming to the Site. We use the information we get to improve our Site and Services. These third-parties have their own Terms of Use and Privacy Policies that are separate and apart from our own. We are not responsible for the privacy and security practices or the content, advertising, products, services or other materials made available on or through any such third-party sites.
Certain features of the Site use GPS technology to collect real-time information about the location of your device to provide Services in the state where you are located. Strictly necessary and functionality Cookies are used on our Site to support Site functionality and security. These Cookies collect crash analytics and Site activity data, as well as provide security measures.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any Personal Data:
to provide our Site and its contents and full functionality to you;
to communicate with you about our products and services;
to send newsletters, advertisements, or other promotional materials to you regarding our products and services;
to provide the Services to you;
to develop care coordination services for you;
to provide you with information, products or services you request from us;
to register and service your account;
to provide you with notices about your account;
to track administration of care coordination transactions and initiation of services you request;
to administer surveys to you;
to contact you in response to a request;
to carry out our obligations and enforce our rights arising from any contracts entered into between you and us;
to enforce our rights arising from contracts or our intellectual property rights;
to notify you about changes or updates to our Site or any of our products and services;
To market and promote the Site and the Services to you;
To create de-identified information such as aggregate statistics relating to the use of the Site.
in any other way we may describe when you provide the information;
to fulfill any other purpose for which you provide it;
for any other purpose with your consent.
De-identified information
We may use de-identified information created by us without restriction. When we use the term “de-identified information,” we mean information that is neither used nor intended to be used to personally identify an individual.
Disclosure of Your Information
We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Policy. We may disclose your Personal Data:
to our contractors and third-party service providers that we use to support our business;
to our subsidiaries, affiliates, and associated organizations;
to a company we merge, acquire, or that buys us, or in the event of change in structure of our company of any form, such as a sale or transfer of some of all of our assets, or a bankruptcy, liquidation or similar proceeding;
to affiliates and third parties for their commercial purposes;
to enforce or apply our and other agreements, including for billing and collection purposes;
to comply with our legal obligations;
if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers, or others (including without limitation exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction);
to enforce our rights;
to resolve any potential fraud or perceived irregularity in any audits of the accuracy of any documentation or information submitted to us by you or on your behalf, as deemed appropriate by us;
to comply with any court order, law, or legal process, including to respond to any government or regulatory request or investigation;
to fulfill the purposes for which your provide it;
for any purpose disclosed by us when you provide the information; and
with your consent.
At times we may provide third parties with certain personal information to provide or improve our products and services, including to help us market to consumers. When we do, we require those third parties to handle it in accordance with applicable laws. We do not sell personal information, and personal information will not be shared with third parties for their marketing purposes.
This Privacy Policy applies only to information we collect through the Site. This Privacy Policy DOES NOT apply to information collected by any third party. When you click on links on the Site you may leave our Site. We are not responsible for the privacy practices of other sites, and we encourage you to read their privacy statements.
Medical Practices
You agree and understand that we provide administrative services to the Practices which are independently owned by licensed physician(s). We do not own the Practices, employ or in any way supervise or control the providers providing care. The care provided by a Practice is the sole responsibility of such Practice and the providers each Practice employs or contracts with. The Practices are responsible for providing you with a Health Information Privacy Policy describing their collection and use of your health information. If you do not agree to be bound by those terms, you are not authorized to access or use our Site, and you must promptly exit our Site.
Payment for Services
You will pay for services via Stripe, a third-party vendor. When you pay or attempt to pay through our Site, you will be re-directed to Stripe’s website, and they will collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. This third-party has their own Terms of Use and Privacy Policies that are separate and apart from our own. We are not responsible for the privacy and security practices or the content, advertising, products, services or other materials made available on or through any such third-party sites.
Links To Other Websites
Our Site may contain links to other websites that have information we believe may be of interest. We do not endorse these sites. While we try to link only to websites that share our high standards and respect for privacy, we are not responsible for the content of the sites or privacy practices employed by other sites. We encourage you to read the privacy policy of each site you visit that may collect information or ask you to disclose Personal Data. This Privacy Policy does not apply to information collected on external websites that may be linked to or through the Site.
Text Messaging and Email
We may use your telephone number and email address for the purpose of sending you text messages and email to communicate with you, including for purposes such as announcements, service information, and other updates. You may opt-out from receiving text messaging or emails from us, at any time, by contacting us using the contact information below.
We also will not send messages to you promoting the goods or services of third parties. For additional information regarding our electronic communications program, please read our Terms of Service or reach out to us at the contact information below. By agreeing to this Privacy Policy and providing us your phone number and email address, you permit us to contact you by text message and email.
Your Rights Regarding Your Information and Accessing and Correcting Your Information
You may review and change your Personal Data by emailing compliance@mottohealth.co. You may also notify us through the Contact Information below of any changes or errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible or to delete your Personal Data. 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.
Data Security
We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where you have chosen a password for the use of our Site, 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 do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Site. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site or in your operating system.
Right to non-discrimination.
We will not discriminate against you for exercising any of your privacy rights under law, or as set forth in this Privacy Policy.
Your California Privacy Rights
Under some circumstances, California law may provide you with the right to obtain a list of third parties (if any) that we provide your Personal Data to for their own direct marketing purposes.
California Civil Code Section 1798.83 (California’s “Shine the Light” law) permits users of our Site that are California residents and who provide Personal Data in obtaining products and services for personal, family, or household use to request certain information regarding our disclosure of Personal Data to third parties for their own direct marketing purposes. If applicable, this information would include the categories of Personal Data and the names and addresses of those businesses with which we shared your Personal Data with for the preceding calendar year (e.g., requests made in 2020 will receive information regarding such activities in 2019). You may request this information once per calendar year. To make such a request, please send an email by using the Contact Information below.
The California Consumer Privacy Act provides California consumers with certain rights, such as the right to obtain from us information about the personal information about you that we collect, use, and disclose as set forth below.
Disclosure of Personal Information We Collect About You
You have the right to know:
• The categories of personal information we have collected about you;
• The categories of sources from which the personal information is collected;
• Our business or commercial purpose for collecting or selling personal information;
• The categories of third parties with whom we share personal information, if any; and
• The specific pieces of personal information we have collected about you.
Please note that we are not required to:
• Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;
• Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or
• Provide the personal information to you more than twice in a 12-month period.
Personal Information Sold or Used for a Business Purpose
In connection with any personal information we may sell or disclose to a third party for a business purpose, you have the right to know:
• The categories of personal information about you that we sold and the categories of third parties to whom the personal information was sold; and
• The categories of personal information that we disclosed about you for a business purpose.
You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to opt-out of the sale or disclosure of your personal information. If you exercise your right to opt-out of the sale or disclosure of your personal information, we will refrain from selling your personal information, unless you subsequently provide express authorization for the sale of your personal information. To opt-out of the sale or disclosure of your personal information, contact us as provided below.
Motto Professionals Health Information Privacy Policy
This Health Information Privacy Policy (the “Notice”) describes how Channel Medical Group, P.A., Channel Medical Group of California, P.C., and other independently owned but associated medical practices (collectively, “Motto Professionals”, “we”, and “our”), operating with administrative non-clinical support from Motto Health, Inc. (collectively, “Motto”), may use and disclose your protected health information to carry out treatment, payment, or health care operations and for other purposes that are permitted or required by law. Motto offers online telehealth services enabling you to report health history and engage independent healthcare professionals (“Healthcare Professionals”) to obtain medical and healthcare services, as well as provide behavioral health coaching from Coaches (“Coaches”) who do not provide professional or clinical services. For purposes of clarification, Motto Health, Inc. does not provide medical or clinical care of any kind.
This Health Information Privacy Policy or “Notice” describes how Motto Professionals may use and disclose your health information and how you can access this information. Motto Professionals are part of an organized health care arrangement (OHCA). Your health information may be shared among the Motto Professionals as necessary to carry out treatment, payment, and/or health care operations related to the OHCA. All participants in the OHCA arrangement are required to abide by this Notice. For a complete list of the members of the OHCA, please contact us at privacy@mottohealth.co.
We understand that information about you and your health is personal. By “health information,” we mean protected health information as defined under federal law (the Health Insurance Portability and Accountability Act, or HIPAA, and its implementing regulations). Not only is it our legal obligation, but it is our business imperative to ensure the confidentiality of your health information. We continuously seek to safeguard your health information through administrative, physical, and technical means, and otherwise abide by applicable federal and state laws.
Please review this Notice carefully. Capitalized terms not defined herein shall have the respective meanings given to them in the Motto Terms of Service.
How is patient privacy protected?
We understand that information about you and your health is personal. By “health information,” we mean protected health information as defined under federal law (HIPAA, and its implementing regulations). Not only is it our legal obligation, but it is our business imperative to ensure the confidentiality of your health information. We continuously seek to safeguard your health information through administrative, physical, and technical means, and otherwise abide by applicable federal and state laws.
How do we collect and maintain your health information?
The health information that we collect or maintain may include:
Your name, age, email address, username, password, and other registration information.
Health information that you provide us, which may include information or records relating to your medical or health history, health status and laboratory testing results, diagnostic images, and other health related information.
Health information about you prepared or obtained by the clinical professionals and support staff who provide clinical services through Motto Professionals such as medical and records, treatment and examination notes, remote monitoring data, and other health related information.
Billing information that you provide us, such as credit card information, or that we receive from a health plan or other provider of healthcare benefits on your behalf.
How do we use and disclose health information?
We use and disclose your health information for the normal business activities that the law sees as falling in the categories of treatment, payment and healthcare operations, which may include the use of business associates as defined by HIPAA. Generally, we do not need your permission for these disclosures under applicable laws. Below we provide examples of those activities, although not every use or disclosure falling within each category is listed:
Treatment – We keep a record of the health information you provide us. This record may include your test results, diagnoses, medications, your response to medications or other therapies, and information we learn about your medical condition through our services. We may disclose this information so that other doctors, nurses, and entities such as laboratories can meet your healthcare needs.
Payment – We document the services and supplies you receive when we are providing care to you so that you, your insurance company or another third party can pay us. We may tell your health plan about upcoming treatment or services that require prior approval by your health plan.
Health Care Operations – Health information is used to improve the services we provide, to train staff, for business management, audits, quality assessment and improvement, and for customer service. For example, we may use your health information to review our treatment and services and to evaluate the performance of our staff in caring for you.
When using the Site or Services, your information will be shared with Motto Health, Inc. for the purposes stated in the Privacy Policy and Health Information Privacy Policy, where applicable and legally permissible.
We may also use and disclose your health information to:
Comply with federal, state or local laws that require disclosure.
Assist in public health activities such as tracking diseases or medical devices.
Inform authorities to protect victims of abuse or neglect.
Comply with federal and state health oversight activities such as fraud investigations.
Respond to law enforcement officials or to judicial orders, subpoenas or other processes.
Inform coroners, medical examiners and funeral directors of information necessary for them to fulfill their duties.
Facilitate organ and tissue donation or procurement.
Conduct research following internal review protocols to ensure the balancing of privacy and research needs.
Avert a serious threat to health or safety.
Assist in specialized government functions such as national security, intelligence and protective services.
Inform military and veteran authorities if you are an armed forces member (active or reserve).
Inform a correctional institution if you are an inmate.
Inform workers’ compensation carriers or your employer if you are injured at work.
Recommend treatment alternatives.
Tell you about health-related products and services.
Communicate within our organization for treatment, payment, or healthcare operations.
Communicate with other providers, health plans, or their related entities for their treatment or payment activities, or health care operations activities relating to quality assessment and improvement, care coordination and the qualifications and training of healthcare professionals.
Provide information to other third parties with whom we do business, such as a record storage provider. However, you should know that in these situations, we require third parties to provide us with assurances that they will safeguard your information.
We may also use or disclose your personal or health information for operational purposes. For example, we may communicate with individuals involved in your care or payment for that care, such as family or guardians and send appointment reminders.
All other uses and disclosures, not previously described, may only be done with your written authorization. We will also obtain your authorization before we use or disclose your health information for marketing purposes or before we would sell your information. You may revoke your authorization at any time; however, this will not affect prior uses and disclosures. In some cases state law may require that we apply extra protections to some of your health information.
Your health information that is de-identified will be de-identified in accordance with HIPAA.
What are the Healthcare Professional’s Responsibilities?
We are required by law to:
Maintain the privacy of your health information.
Provide this Notice of our duties and privacy practices.
Abide by the terms of the Notice currently in effect.
Tell you if there has been a breach that compromises your health information.
We reserve the right to change our privacy practices and make the new practices effective for all the information we maintain. Revised notices will be posted on the Site.
Do you have any Federal Rights?
The law entitles you to:
Inspect and copy certain portions of your health information. We may deny your request under limited circumstances. You may request that we provide your health records to you in an electronic format.
Request amendment of your health information if you feel the health information is incorrect or incomplete. However, under certain circumstances we may deny your request.
Receive an accounting of certain disclosures of your health information made for the prior six (6) years, although this excludes certain disclosures for treatment, payment, and health care operations. (Fees may apply to this request.)
Request that we restrict how we use or disclose your health information. However, we are not required to agree with your requests, unless you request that we restrict information provided to a payor, the disclosure would be for the payor’s payment or healthcare operations, and you have paid for the health care services completely out of pocket.
Request that we communicate with you at a specific telephone number or address.
Obtain a paper copy of this notice even if you receive it electronically.
We may ask that you make some of these requests in writing.
What if I have a complaint?
If you believe that your privacy has been violated, you may file a complaint with us or with the Secretary of Health and Human Services in Washington, D.C. We will not retaliate or penalize you for filing a complaint with us or the Secretary. To file a complaint with us or receive more information contact:
Email: privacy@mottohealth.co
Address:
Motto
Attn: Privacy Officer
4 East 27th Street
Unit 20206
New York, NY, 10003
To file a complaint with the Secretary of Health and Human Services write to 200 Independence Ave., S.E., Washington, D.C. 20201, call 1-800-537-7697, or file an online complaint at https://ocrportal.hhs.gov/ocr/smartscreen/main.jsf.
Who will follow this Notice?
This Notice describes the health care practices of:
Any Motto Professionals healthcare professional authorized to access and/or enter information into your health record through Motto Professionals;
All departments and units of Motto Professionals through which telehealth and in-person health services are provided; and
All affiliates and volunteers.
