{"id":2452,"date":"2022-10-31T13:54:30","date_gmt":"2022-10-31T13:54:30","guid":{"rendered":"https:\/\/www.nowrpm.com\/?page_id=2452"},"modified":"2022-10-31T13:54:30","modified_gmt":"2022-10-31T13:54:30","slug":"privacypolicy","status":"publish","type":"page","link":"https:\/\/nowrpm.com\/index.php\/privacypolicy\/","title":{"rendered":"PrivacyPolicy"},"content":{"rendered":"\n\n\tTerms of Use and Privacy
\n1. INTRODUCTION
\nNowRPM App ( “NowRPM”), which can be contacted at the email
\naddress info@nowrpm.com explains how we collect, use, disclose and otherwise
\nprocess the personal data collected through the NowRPM applications ( “NowRPM”)
\nand NowRPM Clinical Portal ( “NowRPM”) as used by the user (the “User”) in order to
\nprovide the services (the “Services”) offered by Softbir. This privacy policy does not
\napply to the NowRPM website, located at www.nowrpm.com.
\nACCESSING AND\/OR USING NOWRPM, MOBILE- OR WEB-BASED APPLICATIONS (together the
\n“Software”), YOU ACKNOWLEDGE THAT YOU HAVE READ THIS TERMS OF USE, UNDERSTAND IT,
\nAND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS (the “Agreement”), AND IS
\nA LEGALLY BINDING AGREEMENT BETWEEN YOU AND CONTINUEYOU, LLC DBA NowRPM
\n(“NowRPM”). IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT,
\nYOU SHOULD REJECT THEM BY NOT INSTALLING AND NOT USING THE SOFTWARE. References in
\nthis Agreement to “you” or “your” refer to both you and any and all persons or entities on
\nwhose behalf you act or who act on your behalf (if any).
\nThis document is legally binding, so you should read it in its entirety.
\n2. WHAT AND WHO THIS PRIVACY POLICY COVERS?
\nThis Privacy Policy covers how NowRPM, collects, receives, uses, retains, and discloses
\nPersonally Identifiable Information (“PII”) and Personal Health Information (“PHI”) of (“user”)
\nto Covered Healthcare Entities, Clinicians and Covered Healthcare Practitioners through the
\n(“NowRPM”) and (“APP”) Site.
\nNowRPM is the data controller of the personal data collected from the User through NowRPM
\nand the App. NowRPM and the App may be used by adults and by children, (“users”). Where
\nNowRPM is to be utilized by a minor, we require that a parent registers with the App and
\nNowRPM on behalf of the minor. Where such minor is under 16 years old, the parent must
\nprovide verifiable parental consent to the collection and use of the personal data by NowRPM.
\n3. WHAT KIND OF PERSONAL DATA DOES NowRPM COLLECTS ABOUT THE USER?
\nNowRPM collects the following categories of PHI and PII:
\nNowRPM Application, web-based and clinical portal Service Registration. NowRPM collects
\nthe name, date of birth, medical history, drug abuse history, medications, prescribed medication
\ndosing, drug testing schedule, check ins, geographical location, sleep metrics, drug use, primary
\ncare provider, clinical treatment history, billing information, treatment contacts, registered
\nlocations for check ins, clinical responses and questionnaires, and contact details of the User
\nand any designated caregivers or delegated consents if the user is a minor.
\nWith regard to the designated caregiver\/treatment provider, the User declares and warrants to
\nhave a signed HIPAA release with NowRPM’s privacy information notice and prior consent to the
\nprocessing of the user’s personal data by NowRPM for the provision of the Services prior to
\nprovide the user’s personal details to NowRPM.
\nDevice Information. NowRPM automatically collects and stores in the NowRPM clinical
\nportal the following information via the software development kit with the device and
\nthe App, whenever the User’s device is connected to the APP;
\na. Physiological Information. NowRPM tracks, in real-time biometric information from the
\nSoftware Development Kit of the wearable device utilizing NowRPM’s proprietary
\nalgorithm and the sensor information from the device in-use. This information is
\ntransmitted, automatically, from the Software Development Kit of the device in use to
\nthe App, using Bluetooth\u00ae, and then from the App to NowRPM’s clinical portal via the
\nUsers’ mobile device’s WiFi connection or other cellular network.
\nb. Technical Information. NowRPM also collects other technical information such as IP
\naddress, Device identifier, geolocation information (which are collected exclusively when
\nthe Service detect a physiological event or when the user manually pushes to record),
\nthe user’s responses or lack of response to the survey questions, if the user check’s in to
\nlocations, if the user is utilizing the ability to reach out to a pre assigned contact, if the
\nuser utilizes the breathing exercise, the dates and times of access to the App, the
\nphone\/device type, as well as the software version, operating system, Bluetooth\u00ae and
\nWiFi settings (On\/Off).
\nc. Clinical information. NowRPM collects, HIPAA through HI-TECH transmits and stores your
\nresponses to the DBT or clinical questions, journaling responses, user engagement
\nactivities, and general user data of the NowRPM application and clinical portal.
\nd. Geographical Information. NowRPM collects, HIPAA through HI-TECH transmits and
\nstores your geographical location when an event is detected and through noted
\ncheck-ins submitted by you, the end user.
\n4. HOW DOES NowRPM USE THE USER’S PERSONAL DATA?
\nCovered Healthcare Entities and Covered Healthcare Practitioners are hospitals, clinics,
\npractices or other medical groups or healthcare systems that have contracted with NowRPM to
\npermit use of the Service by their respective Clinicians and Patients; Clinicians are practitioners,
\npatient advocates, coaches or other individuals who (as employees of or contractors to a Clinical
\nPartner) provide healthcare or related services to Patients; and Patients are individual patients
\nof the Clinical Partner who receive medical treatments or other healthcare services from one or
\nmore Clinicians, or individuals who are properly authorized representatives of any such patient.
\nThrough their provision of healthcare services to Patients, Clinicians and Clinical Partners will
\nhave access to and be responsible for Patient PII and PHI Information as defined by Health
\nInsurance Portability and Accountability Act (HIPAA) Privacy Rules or other applicable laws.
\nNowRPM processes the above-mentioned PHI and PII of the user for the provision of healthcare
\nservices to the User by the user’s covered healthcare entity, covered healthcare practitioner,
\nClinicians and Clinical Partners (‘Treatment Professionals”). Treatment Professionals will have
\naccess to and be responsible for Patient PII and PHI Information as defined by Health Insurance
\nPortability and Accountability Act (HIPAA) Privacy Rules or other applicable laws.
\nIn addition to the above-mentioned PHI and PII, NowRPM utilizes the data collected for the
\nfollowing:
\na. the provision of the services available through NowRPM and the App, including the
\nbilling of the relevant fees, gathering activity information;
\nb. the provision to the User of customer support and technical assistance, including the
\ndelivery of communications relating to the provision of the services through NowRPM;
\nc. the measurement of the service quality and relevant metrics provided through NowRPM
\nand the App;
\nd. the management of complaints and disputes;
\ne. the performance of credit recovery procedures and credit assignment to authorized
\ncompanies, also by means of third parties;
\nf. NowRPM can collect data from you. This includes biometric data, answers to
\nhealth-related questions, journaling responses, user engagement with the NowRPM
\nsystem and application and geographical location.
\ng. We can summarize and de-identify the data we collect from you, so we can build a
\nbetter and more helpful product. You own your identifiable personal data, but we own
\nthe anonymized or de-identified version of it.
\nh. the performance of tests, updates and developments of NowRPM, the App, Research,
\nand more in general the services provided by NowRPM, in order to optimize the services
\nprovided to the User also by way of machine learning systems and artificial intelligence
\nprovided that the process of personal data, albeit limited to the necessary, is essential in
\norder to carry out such tests activities;
\ni. the performance of technical assessment, research and due diligence activities by third
\nparties such as acquirers and\/or their advisors for a potential merger, sale of assets or
\ntransfer of all or a material part of its business, by disclosing and transferring the Client’s
\nde-identified personal data to the third party or parties involved in the transaction as
\npart of the transaction; (the purposes of letters from f. to g. above are jointly referred to
\nas “Legitimate Interest Purposes”)
\n5. ON WHAT LEGAL BASIS DOES NowRPM PROCESS THE USER PERSONAL DATA?
\nThe processing of the User personal data is necessary with regard to the Contractual Purposes
\nas it is essential:
\n\u25cf for the performance of the contract regarding the provision of the requested Services
\nwith regard to the cases as per Section 4 letters from a. to g.; and
\n\u25cf for the performance of the contract regarding the provisions of the requested Services
\nwith regard to the cases as per Section 3.
\n\u25cf for the performance of the contract regarding the provisions of the requested Services
\nwith regard to the cases as per Section 4 letter f. through j.
\n\u25cf in order to comply with provisions as provided by the applicable laws, HIPAA and PHI.
\nShould the User not provide its personal data with regard to the Contractual Purposes,
\nNowRPM will not be able to provide the Services to the User.
\nIn addition to the above, with reference to the collection of Special Categories of Data
\nprocessed for Contractual Purposes NowRPM will collect the User’s consent.
\nHowever, if the User does not provide its consent to the processing of Special Categories of Data
\nNowRPM will not be able to provide the Services.
\nThe processing of the User’s personal data with regard to the Legitimate Interest Purposes as
\nper Section 4 letters h. and i. is carried out in compliance with article 6, HIPAA and PHI data
\nprotection (the “Privacy Regulation”), for the pursuit of NowRPM legitimate interest. Consent is
\nagreed with acceptance of this privacy document. This data processing activity with regard to
\nthe Legitimate Interest Purposes is not mandatory and the User can object to the data
\nprocessing at any time through the modalities as per Section 9 of this privacy policy.
\n6. HOW DOES NowRPM PROCESS THE USER’S PERSONAL DATA?
\nNowRPM uses secure server software (SSL), firewalls, HIPAA compliant end-to-end encryption
\nto protect your PII from unauthorized access, disclosure, alteration, or destruction.
\n7. WHO CAN HAVE ACCESS TO THE USERS’ PERSONAL DATA?
\nFor the Contractual Purposes, personal data may be transferred to the following categories of
\nrecipients (a) Covered Healthcare Entities and Covered Healthcare Practitioners (b) companies
\nof the Softbir group, (c) persons and authorities whose right to access personal data is
\nrecognized by law, regulations or provisions issued by legally empowered authorities. The
\nabovementioned recipients will process personal data as data controllers, data processors or
\npersons in charge of processing, depending on the circumstances. For the Legitimate Interest
\nPurposes, personal data may be transferred to the following categories of recipients located (a)
\nthird parties service providers entrusted with processing activities that provide services or
\nassistance with reference to credit recovery procedures and credit assignments, as well as tests,
\nupdates and developments of NowRPM and the App, (b) companies of the Softbir Group, (c)
\npotential purchaser of NowRPM and the entities resulting from mergers or any other
\ntransformation involving NowRPM, (d) The user’s Healthcare provider, (e) the User’s Covered
\nHealthcare entities and providers.
\nA complete list of the data processor is available upon request through the modalities as per
\nSection 8 below.
\n8. DATA RETENTION PERIODS APPLYING TO THE USERS’ PERSONAL DATA
\nPHI and PII of the User will be stored for the period necessary to fulfill the purposes for which
\nthe data was collected as outlined in this Privacy Notice. In addition, the following retention
\nperiods will apply to the processing of the User PHI and PII for the purposes indicated below:
\n\u25cf data collected for Contractual Purposes and for Legitimate Interest Purposes is retained
\nduring the provision of the Services plus a period of 10 years after the termination or
\nwithdrawal from the contract with NowRPM, except when the detention of the data is
\nnecessary to respond or to file a legal action, upon request of the competent authorities
\nor in compliance with the applicable laws;
\n9. WHAT ARE THE USERS’ RIGHTS WITH REGARD TO PERSONAL DATA?
\nThe User, at any given time, can exercise the following rights, by sending an email to the
\nfollowing address info@nowrpm.com
\n(a) to obtain from NowRPM confirmation of the existence of personal data and to be informed
\nof its content and source, verify its accuracy and request its integration, update or amendment;
\n(b) object in whole or in part, on legitimate grounds, to the processing of the data;
\n(c) to withdraw the consent to the processing of the data (if and to the extent such a consent is
\nnecessary).
\n10. DATA PROTECTION OFFICER
\nThe Data Protection Officer appointed by Softbir pursuant to Section 37 of the Privacy
\nRegulation can be contacted at the following email address: info@nowrpm.com
\n11. UPDATES
\nThis privacy information notice might be subsequently updated or integrated. Changes will be
\nnotified in advance and in any case User will be able to review the updated version of the
\nprivacy information notice on the website www.nowrpm.com.
\nLicense Terms and Conditions NowRPM grants you a limited, non-exclusive license to use the
\nApplication in accordance with the terms of this Agreement. You agree not to reproduce, copy,
\nmodify, decompile, disassemble, reverse engineer or create derivative works of any portion of
\nthe Application, and you may not transfer or distribute it in any form, for any purpose. Softbir’s
\nreserves the right to modify the Application, or to discontinue offering the Application all
\ntogether at any time and for any reason, including without limitation, if any third-party supplier
\nceases to supply content or services, or if Softbir’s contract with such supplier terminates. In the
\nevent NowRPM shall discontinue offering the Application, this Agreement and your rights under
\nit shall terminate immediately. The Disclaimers of Warranty and Liability contained in this
\nAgreement shall survive such termination.
\nRestrictions. You are prohibited from selling, renting or leasing the Application to any other
\nperson or third party. You acknowledge that the Application should be used only for general
\ninformation purposes and you should not rely on the Application for any life or death situation.
\nNo Warranty. This Application is provided to you “as is,” and you agree to use it at your own
\nrisk. NowRPM makes no guarantees, representations or warranties of any kind, express or
\nimplied, arising by law or otherwise, including but not limited to, content, quality, accuracy,
\ncompleteness, effectiveness, reliability, merchantability, usefulness, use or results to be
\nobtained from the Application, or that the Application will be uninterrupted or error-free.
\nDisclaimer of Warranty. NOWRPM DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF
\nQUALITY, PERFORMANCE, MERCHANTABILITY, OR NONINFRINGEMENT. NO ORAL OR WRITTEN
\nADVICE OR INFORMATION PROVIDED BY NowRPM SHALL CREATE A WARRANTY, AND YOU ARE
\nNOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. THIS DISCLAIMER OF
\nWARRANTIES IS AN ESSENTIAL CONDITION OF THIS AGREEMENT. Some States, Territories and
\nCountries do not allow certain warranty exclusions, so to that extent the above exclusion may
\nnot apply to you.
\nDisclaimer of Liability. NOWRPM SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM,
\nDEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND
\nOR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY
\nRESULT FROM THE USE OR POSSESSION OF THE APPLICATION; OR FOR ANY LOSS OF PROFIT,
\nREVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
\nCONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE
\nAPPLICATION, ANY DEFECT IN THE APPLICATION, OR THE BREACH OF THESE TERMS OR
\nCONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY,
\nEVEN IF NowRPM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOWRPM’S AND
\nITS AFFILIATES’ TOTAL AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS
\nAGREEMENT OR OTHERWISE WITH RESPECT TO THE APPLICATION SHALL NOT EXCEED $1.00.
\nSome States, Territories and Countries do not allow certain liability exclusions or damages
\nlimitations, so to that extent the above may not apply to you.
\nExport Control. You agree not to export from anywhere any part of the Application provided to
\nyou or any direct product thereof except in compliance with, and with all licenses and approvals
\nrequired under, applicable export laws, rules and regulations.
\nIndemnity. You agree to indemnify, defend and hold NowRPM and its affiliates free and
\nharmless from and against any liability, loss, injury (including injuries resulting in death),
\ndemand, action, cost, expense, or claim of any kind or character, including but not limited to
\nattorney’s fees, arising out of or in connection with any use or possession by you of the
\nApplication.\n\n","protected":false},"excerpt":{"rendered":"Terms of Use and Privacy 1. INTRODUCTION NowRPM App ( “NowRPM”), which can be contacted at the email address info@nowrpm.com explains how we collect, use, disclose and otherwise process the personal data collected through the NowRPM applications ( “NowRPM”) and NowRPM Clinical Portal ( “NowRPM”) as used by the user (the “User”) in order to provide the services (the “Services”) offered by Softbir. This privacy policy does not apply to the NowRPM website, located at www.nowrpm.com. ACCESSING AND\/OR USING NOWRPM, MOBILE- OR WEB-BASED APPLICATIONS (together the “Software”), YOU ACKNOWLEDGE THAT YOU HAVE READ THIS TERMS OF USE, UNDERSTAND IT, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS (the “Agreement”), AND IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND CONTINUEYOU, LLC DBA NowRPM (“NowRPM”). IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD REJECT THEM BY NOT INSTALLING AND NOT USING THE SOFTWARE. References in this Agreement to “you” or “your” refer to both you and any and all persons or entities on whose behalf you act or who act on your behalf (if any). This document is legally binding, so you should read it in its entirety. 2. WHAT AND WHO THIS PRIVACY POLICY COVERS? This Privacy Policy covers how NowRPM, collects, receives, uses, retains, and discloses Personally Identifiable Information (“PII”) and Personal Health Information (“PHI”) of (“user”) to Covered Healthcare Entities, Clinicians and Covered Healthcare Practitioners through the (“NowRPM”) and (“APP”) Site. NowRPM is the data controller of the personal data collected from the User through NowRPM and the App. NowRPM and the App may be used by adults and by children, (“users”). Where NowRPM is to be utilized by a minor, we require that a parent registers with the App and NowRPM on behalf of the minor. Where such minor is under 16 years old, the parent must provide verifiable parental consent to the collection and use of the personal data by NowRPM. 3. WHAT KIND OF PERSONAL DATA DOES NowRPM COLLECTS ABOUT THE USER? NowRPM collects the following categories of PHI and PII: NowRPM Application, web-based and clinical portal Service Registration. NowRPM collects the name, date of birth, medical history, drug abuse history, medications, prescribed medication dosing, drug testing schedule, check ins, geographical location, sleep metrics, drug use, primary care provider, clinical treatment history, billing information, treatment contacts, registered locations for check ins, clinical responses and questionnaires, and contact details of the User and any designated caregivers or delegated consents if the user is a minor. With regard to the designated caregiver\/treatment provider, the User declares and warrants to have a signed HIPAA release with NowRPM’s privacy information notice and prior consent to the processing of the user’s personal data by NowRPM for the provision of the Services prior to provide the user’s personal details to NowRPM. Device Information. NowRPM automatically collects and stores in the NowRPM clinical portal the following information via the software development kit with the device and the App, whenever the User’s device is connected to the APP; a. Physiological Information. NowRPM tracks, in real-time biometric information from the Software Development Kit of the wearable device utilizing NowRPM’s proprietary algorithm and the sensor information from the device in-use. This information is transmitted, automatically, from the Software Development Kit of the device in use to the App, using Bluetooth\u00ae, and then from the App to NowRPM’s clinical portal via the Users’ mobile device’s WiFi connection or other cellular network. b. Technical Information. NowRPM also collects other technical information such as IP address, Device identifier, geolocation information (which are collected exclusively when the Service detect a physiological event or when the user manually pushes to record), the user’s responses or lack of response to the survey questions, if the user check’s in to locations, if the user is utilizing the ability to reach out to a pre assigned contact, if the user utilizes the breathing exercise, the dates and times of access to the App, the phone\/device type, as well as the software version, operating system, Bluetooth\u00ae and WiFi settings (On\/Off). c. Clinical information. NowRPM collects, HIPAA through HI-TECH transmits and stores your responses to the DBT or clinical questions, journaling responses, user engagement activities, and general user data of the NowRPM application and clinical portal. d. Geographical Information. NowRPM collects, HIPAA through HI-TECH transmits and stores your geographical location when an event is detected and through noted check-ins submitted by you, the end user. 4. HOW DOES NowRPM USE THE USER’S PERSONAL DATA? Covered Healthcare Entities and Covered Healthcare Practitioners are hospitals, clinics, practices or other medical groups or healthcare systems that have contracted with NowRPM to permit use of the Service by their respective Clinicians and Patients; Clinicians are practitioners, patient advocates, coaches or other individuals who (as employees of or contractors to a Clinical Partner) provide healthcare or related services to Patients; and Patients are individual patients of the Clinical Partner who receive medical treatments or other healthcare services from one or more Clinicians, or individuals who are properly authorized representatives of any such patient. Through their provision of healthcare services to Patients, Clinicians and Clinical Partners will have access to and be responsible for Patient PII and PHI Information as defined by Health Insurance Portability and Accountability Act (HIPAA) Privacy Rules or other applicable laws. NowRPM processes the above-mentioned PHI and PII of the user for the provision of healthcare services to the User by the user’s covered healthcare entity, covered healthcare practitioner, Clinicians and Clinical Partners (‘Treatment Professionals”). Treatment Professionals will have access to and be responsible for Patient PII and PHI Information as defined by Health Insurance Portability and Accountability Act (HIPAA) Privacy Rules or other applicable laws. In addition to the above-mentioned PHI and PII, NowRPM utilizes the data collected for the following: a. the provision of the services available through NowRPM and the App, including the billing of the relevant fees, gathering activity information; b. the provision to the User of customer support and technical assistance,…<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"tpgb_global_settings":"","_eb_attr":"","footnotes":""},"class_list":["post-2452","page","type-page","status-publish","hentry"],"tpgb_featured_images":null,"tpgb_post_meta_info":{"get_date":"October 31, 2022","get_modified_date":"October 31, 2022","author_name":"Jim Ray Rodriguez","author_url":"https:\/\/nowrpm.com\/index.php\/author\/jimray\/","author_email":"jimray@softbir.com","author_website":"","author_description":"","author_facebook":"","author_twitter":"","author_instagram":"","author_role":["administrator"],"author_firstname":"Jim Ray","author_lastname":"Rodriguez","user_login":"jimray","author_avatar":"
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