Crescendo may periodically change or modify the terms of this Privacy Statement; provided, however, that no such change or modification shall be in contravention of any right to privacy you have in any protected health information under federal or state law. All such changes or modifications to this Privacy Statement will be posted on this web site and accessible via your internet connected, browser enabled mobile device (the “Mobile Product”). Accordingly, please check this web site from time to time for the most current version of our Privacy Statement. Your continued use of the Software after we have posted a change or modification to the Privacy Statement will constitute your acceptance of such changes or modifications.
This Privacy Statement was last updated October 15, 2014.
Linked Web Sites
The Software may contain links to external web sites. Crescendo does not operate or maintain these sites and therefore is not responsible for the privacy practices of these sites. Please refer to the specific privacy statements posted on these sites for more information.
Types of Information Collected
a. Personal Information
We may learn certain personal information about you, such as for example your name, e-mail address, postal code, and e-mail preferences (“Personal Information”), if you voluntarily provide this Personal Information to us via the Software, such as in an e-mail containing your comments, questions, or a request for services, or when registering for updates, etc. We will not collect, store, analyze, disclose, or otherwise use this Personal Information except as necessary to: respond to your queries or requests; provide you with technical support or updates; or, enforce the terms of this Policy Statement, the Agreement, and any other policies or legal requirements governing the use of the Software. In submitting this Personal Information to us, you consent to our use of it for these limited purposes.
b. Operational Pathways
Without reference to or the use of any of your Personal Information, the Software may automatically capture and transmit to Crescendo information related to your use of the Software (i.e., your “click stream” activity) (“Operational Pathways”), such as for example: use of the Software and Software tracks in which information is entered, Internet Protocol (“IP”) address, browser type, browser language, domain names, referring and exit pages and URLs, platform type, screens or pages viewed and the order of these views, the amount of time spent on particular screens or pages, and the date and time of your request and one or more cookies that may uniquely identify your browser. The Mobile App may transmit an ID unique to your Mobile Product to help link Operational Pathways data between Software sessions.
Information of this nature may be employed by us to enhance your and others’ use of the Software in ways such as these:
- arranging the mobile application in the most user-friendly way
- customizing your browsing experience in using this Software
- communicating special offers and featured items to you from Crescendo
- responding to your question or suggestions
- administering the Software, developing new features or enhancing usability
- better understanding the needs of our Software users in general
- understanding the selectivity of users in browsing aspects of the Software
Crescendo may use third parties such as Flurry (Restricted Feature Set) to provide analytics services to gather, transmit, and analyze Operational Pathways data. By using MyRA, you understand that Flurry may collect and use your Operational Pathways data. To read more about Flurry and its privacy statement, please click here. You may opt out of Flurry Analytics tracking by clicking here.
c. Protected Health Information
The information you enter into the Software will be stored on the Mobile Product. This information will only be transmitted to Crescendo with your consent. To the extent this information contains any medical information, it may be considered protected health information (“PHI”) as that term is defined in the HIPAA Privacy Rule (see 45 CFR Part 160 and Subparts A and E of Part 164). In the event you consent to transmit any such data to Crescendo, before we perform any analyses of this information or otherwise use it for the purposes of sub-paragraph b. above, we will de-couple the information collected on any Mobile Product from any person-specific information (the “De-Identification Process”) so it is no longer PHI or otherwise identifiable to a specific person (i.e., “Non- Personal Information”). Only our Privacy Officer or the Privacy Officer’s designees will have access to identifiable information or PHI, and such access will be used for the sole purpose of applying the De-Identification Process. Non-Personal Information may also be used in aggregated form for our business purposes, such as generating statistics and supporting research and development, developing marketing plans, and may be combined with other information. We may share or transfer such aggregated, Non-Personal Information with or to our affiliates, licensees and partners.
d. Disclosure of Personal Information and/or PHI for Legal Purposes and Protection of Crescendo and Others
We may share your Personal Information and/or PHI obtained per the above with third parties if required to do so by the order of a competent legal authority, or if we reasonably believe such action is necessary in order to: (a) conform with the requirements of the law or to comply with legal process served upon us; (b) protect or defend our legal rights; or, (c) prevent potential harm to the physical safety of any person. Crescendo will not sell or rent your Personal Information or PHI to any other company or organization.
Certain pages of the Software and/or any html e-mail correspondence may use session cookies to anonymously track visitors, save preferences and to allow us to recognize visits from the same computer and browser. Certain pages of the Software and/or any html e-mail correspondence may use persistent cookies or web beacons to anonymously track visitors. These cookies are part of Google Analytics & Flurry Analytics. Google & Flurry Analytics use persistent cookies to determine visitor sessions, track traffic sources and navigation, identify unique visitors and enable us to distinguish between unique and return visitors to our site. You have the option to reject the Software’s cookies and still use the Software. However, your use of the Software may be limited as a consequence. See the section herein titled “Types of Information Collected” for an explanation of how this information may be used.
The Software is directed toward adults. If you are under the age of 13, you must obtain the authorization of a responsible adult (parent or legal custodian) before using or accessing the Software. In addition, we will not knowingly collect or use any Personal Information or PHI from any children under the age of 18, even where consent for such collection or use has been provided by these individuals. If we become aware that we have collected any Personal Information or PHI from children under 18, we will promptly remove such information from our databases.
Information that you provide to Crescendo through the Software, and any Operational Pathways information as may from time to time be transmitted to Crescendo, shall be transmitted in accordance with industry standards for transmission security, and in compliance with the federal and state data protection laws of the United States, and the national laws of other countries. WE CANNOT ENSURE OR WARRANT THE SECURITY OF ANY TRANSMISSION OF INFORMATION VIA THE SOFTWARE, AND YOUR TRANSMISSION OF INFORMATION IS AT YOUR OWN RISK. CRESCENDO DISCLAIMS ANY RESPONSIBILITY FOR BREACHES OF PRIVACY OF INFORMATION BEING TRANSMITTED TO CRESCENDO WHILE IN TRANSMISSION. Crescendo will use reasonable efforts to secure the information you have transmitted to us, in conformance with industry practice. For example, once received at Crescendo, your information will be processed and stored on controlled servers with restricted access.
You agree that you have provided notice to, and obtained consent from, any third-party individuals whose Personal Information you supply to us, including with regard to: (a) the purposes for which such third party’s Personal Information has been collected; (b) the intended recipients or categories of recipients of the third party’s Personal Information; (c) which of the third party’s Personal Information is obligatory and which Personal Information, if any, is voluntary; and (d) how the third party can access and, if necessary, correct the Personal Information provided.
The Software is controlled and operated by Crescendo. By choosing to use the Software or otherwise provide information to Crescendo, you agree that any dispute over privacy or the terms contained in this Privacy Statement will be governed by the laws of the State of California. If you are accessing the Software from any location with regulations or laws governing personal data collection, use or disclosure that differ from United States laws or regulations, please note that through your continued use of the Software, which is governed by the laws of the State of California and the United States of America and this Privacy Statement, you are transferring personal information to the United States of America and you consent to that transfer and to the collection and processing of such information in the United States. You also consent to the adjudication of any disputes arising in connection with the Software in the state courts of San Mateo County, California and the federal courts for the Northern District of California.
If you have questions about this Privacy Statement, please contact us at firstname.lastname@example.org.
October 2014 – Revised to reflect MyRA on Android and the inclusion of Flurry Analytics