Fern Health for Consumers Privacy Statement

Last Updated: June 17, 2019

Fern Health’s mission: for people with pain, we are an ally for better with the right expertise to shape a comprehensive care program that integrates personalized care options into treatment plans to shape improved patient outcomes and decrease employer medical costs.

  • Fern Health for Consumers – we are an ally for better with the right expertise to shape a comprehensive care program that fits their lifestyle
  • Fern Health for Employers – we are an ally for better with an intuitive platform that helps employees better manage their benefits to take control of back pain.

SCOPE OF THIS PRIVACY STATEMENT

This Privacy Statement applies to our Fern Health platforms and any other related features, contents, applications, or websites we, Fern Health, Inc. (“Fern Health,” “we,” “us”), may offer from time to time (collectively, the “Fern Health Services”).  This Privacy Statement explains Fern Health’s information practices, including:

  • What information we may collect through the Fern Health Services and how we collect it.
  • How we use the information we collect.
  • How we may share collected information.
  • What choices you have as to how we collect and use information.

This Privacy Statement is incorporated by reference into the Fern Health for Consumers Terms of Use.  We encourage you to review both documents carefully when using the Fern Health Services.  If you have any questions about our privacy practices, please refer to the end of this Privacy Statement for information on how to contact us.

INFORMATION WE COLLECT 

In General.  Fern Health’s mission is to help you manage your health information, and we cannot help you do that without collecting certain information, including Personal Information about you.  

This Privacy Statement focuses on “Personal Information.”  For purposes of this Privacy Statement, Personal Information is information that alone or in combination with other information may be used to readily identify, contact, or locate a specific person, such as: name, address, email address, phone number, medical records or certain other health data, insurance information, and financial information.  Personal Information does not include information that has been anonymized so that it does not allow a third party to easily identify a specific individual. 

We collect information when you:

  • Create a Fern Health account.  In order to use the Fern Health Services, you must create an account.  To create a Fern Health account, you must provide Personal Information such as name, email address, and a password.  This information will help Fern Health and others that you collaborate with to identify you.
  • Build your Personal and Health profile.  As a Fern Health member, you can add information to your account.  You may choose to provide Personal Information such as phone number, date of birth, pain stage and levels, visits to providers, and health conditions. 
  • Link your Fern Health account to services or devices.  If you choose to link your Fern Health account to certain other services or devices, such as calendars, wearables, scales, fitness trackers, or other health monitoring devices, we may collect information related to your use of such services or devices.  When these services or devices are administered by a third party, the information practices and policies for those services or devices are the responsibility of that third party.
  • Request Health Records.  If you choose to request health records, we will ask you to provide Personal Information as needed to complete a request form that complies with the requirements of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).  Such Personal Information may include a Social Security number.
  • Seek assistance from Fern Health.  If you contact Fern Health with questions and requests, we may collect information from you in order to assist you.

Use of cookies and other technologies to collect information.  We or our third-party service providers use cookies and related tools to provide features and services that enhance your Fern Health experience. For example, these technologies may allow the Fern Health Services to recognize your device and log you in automatically, remember your preferences, and analyze how you use the Fern Health Services so we can improve your experience.

  • Cookies.  A cookie is a small text file that may be stored on the hard drive of a computer or device when you access a website.  When you visit our website, we may assign your device one or more cookies to facilitate access to our site and to personalize your online experience. You may refuse the service of cookies to your device or delete any existing cookies by changing your browser preferences.  As the means by which you can do this vary from browser to browser, please refer to your browser’s help menu for more information.  If you refuse or delete cookies, you may not be able to take advantage of all features and functionality of the Fern Health Services. 
  • Information collected automatically.  We may automatically collect information from your browser or device when you use the Fern Health services.  This information may include an IP address, device identifier, your browser type, access times, the content of any undeleted cookies your browser received from us, and other non-personally identifiable information that can help us optimize the Fern Health services. 

HOW WE USE INFORMATION WE COLLECT

We use information, including Personal Information, to deliver and improve the Fern Health Services. 

We may use information, including Personal Information, to:

  • Communicate with you.  We may send email to the email address you provide us to verify your account and for informational and operational purposes, such as account management, customer service, system maintenance, or to provide information we think may be of interest to you.  We may also communicate with you through the Fern Health Services or other means enabled by the Fern Health Services, such as through text messages, push notifications, or in-app messaging.  You may adjust your communications preferences in your Fern Health account settings at any time or by unsubscribing from our marketing emails using the link provided at the bottom of those emails.
  • By using the Fern Health Services or providing an email address to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Fern Health Services.  
  • Communicate with others at your request.  If you choose to use Fern Health to share information with others, we may require Personal Information such as names, email addresses, fax numbers, or other contact information.
  • Customize your Fern Health experience.  We use information we collect through the Fern Health Services to customize your Fern Health experience.
  • Organize and analyze your health information. When you share information or we receive it from others, our employees and service providers may review that information to categorize and organize it for you.  For example, we analyze the information you share with us to shape your personalized care program.
  • Provide and improve the Fern Health Services.  We use information, including Personal Information, for internal and service-related purposes and may provide it to third parties as necessary to allow us to facilitate or improve the Fern Health Services.  

We may aggregate or de-identify data collected through the Fern Health Services and use it for any purpose.

HOW WE MAY SHARE INFORMATION

We do not rent, sell, or share Personal Information. We do not share your Personal Information with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission.  We may share aggregate or de-identified data with third parties for any purpose. 

We may share information, including Personal Information, as follows:

  • With your permission.  We may share your Personal Information or other information about you with third parties when we have your permission or at your direction, including when you direct us to send information to a health care provider.
  • With our vendors and service providers. We may share any information we receive with vendors and service providers retained to help us provide or improve the Fern Health Services. 
  • As required by law and similar disclosures.  We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena; defend against legal claims; respond to your requests; protect the rights, property, and safety of you, Fern Health, or others; or as otherwise required by law.
  • In connection with a merger, sale, or other asset transfer.  If we are involved in a merger, acquisition, financing, reorganization, or other substantial corporate transaction, or in the unlikely event of bankruptcy, any information we possess, including Personal Information, may be shared, sold, or transferred as part of such a transaction as permitted by law and/or contract.  In such cases, we cannot control how other entities may use or disclose such information.

YOUR CHOICES 

Fern Health offers you a number of ways to control collection and use of your information when you use the Fern Health Services.  Your options include:

  • Modifying your account information. You can review the information you or others have shared by logging into your Fern Health account.  You can modify or delete any information that you have provided us at any time.  You may also choose to modify and delete information that others have shared with you.  
  • Modifying your account settings.  Fern Health account settings are designed to provide you with control over the information that you share.  We encourage you to review your account settings and adjust them in accordance with your preferences.  If you are logged into your account, visit the “Personal” tab and then “Sharing Settings” to modify what information each person you have connected with can see. 
  • Closing your account.  If you no longer desire to use the Fern Health Services, you may close your account by sending us an email to support@fernhealth.com.  After you close your account, you will not be able to sign in to our website or access any of your information.  However, you can open a new account at any time.  If you close your Fern Health account, we have no obligation to retain your information and may delete any or all of your account information without liability.  We may retain and use your information as described in “Data Retention” below.  Please note: if you have provided or shared information to third parties, retention of that information will be subject to those third parties’ policies and practices.

INFORMATION SECURITY

We take steps to ensure that information is treated securely and in accordance with this Privacy Statement.  Unfortunately, neither the Internet nor any form of electronic storage can be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information provided to us.  We do not accept liability for any unintentional disclosure.

DATA RETENTION

We will retain your information for as long as your account is active or as needed to provide you with Fern Health Services.  We will retain and use your information as necessary to comply with our legal obligations, prevent fraud or abuse, resolve disputes, enforce our agreements, or take other actions permitted by law.  Anonymous or aggregated information that does not identify you personally may be retained indefinitely. 

CHILDREN’S PRIVACY

We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no part of the Fern Health Services are designed for or directed to children under the age of 13.  If you learn that your child has provided us with Personal Information without your consent, you may alert us at support@fernhealth.com.  If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate any account created by such children.  

If you are the parent or guardian of a child under the age of 13, you may choose to manage your child’s health information through your Fern Health account.

INTERNATIONAL USERS

Fern Health is located in the United States.  By choosing to use the Fern Health Services or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Statement will be governed by U.S. laws and the adjudication of any disputes arising in connection with Fern Health or the Fern Health Services will be in accordance with our Terms of Use.

If you are visiting or using the Fern Health Services from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and to processing globally.  By providing your information, you consent to any transfer and processing in accordance with this Privacy Statement.

CHANGES TO THIS PRIVACY STATEMENT

We may update this Privacy Statement from time to time to reflect changes to our information practices.  If we decide to change this Privacy Statement, we will post the changes on this page so that you are aware of our practices and update the “Last Updated” date above.  If we make a material change in how we collect, use, or disclose Personal Information, we will make reasonable efforts to provide notice through the Fern Health Services and obtain consent to any such uses as may be required by law.  We encourage you to periodically review this page for the latest information on our privacy practices.

CONTACT US

If you have questions or comments about this Privacy Statement, please email us at support@fernhealth.com.