Privacy Policy

 
PRODASH PRIVACY POLICY 
 
Last Updated: 3/3/2019 
 
ProDash (“ProDash,” “we,” “our,” or “us”) is sensitive to your concerns about how we use the personal information we collect from you through our website located at www.ProducerDashboard.com (the “Site”).  We take your privacy seriously and have thus implemented this Privacy Policy (the “Privacy Policy”) and internal policies and practices to keep your personal information secure.  This Privacy Policy governs our treatment of information we collect when you use the Site as well as any instances in which personally identifiable information is shared with ProDash through other voluntary means.  This Privacy Policy is incorporated into our Terms of Use (which can be viewed at www.ProducerDashboard.com) and governs both your use of the Site as well as our treatment of information collected from you. 
 
Please read this Privacy Policy carefully.  By accessing or using the Site and/or voluntarily sharing personally identifiable information with ProDash, you agree to the terms of this Privacy Policy.  If you do not agree with the terms of this Privacy Policy, you may not access or use the Site. 
 
I.      INFORMATION WE COLLECT 
 
A.     Automatic 
 
We use a number of internal and third-party methods to recognize and automatically collect certain non-personal information about your use of the Site.  Such information includes, but is not limited to, server log information and information regarding your domain name or the domain name of your internet service provider, information regarding the device you are using, the type of browser you are using, the internet protocol (IP) address used, the address of the website you visited immediately before or after accessing the Site, search engines used, the operating system you are using, the pages you visit on the Site, the length of time spent on the Site, the frequency and date/time of your visits to the Site, and other relevant statistics. 
 
As is the case with many websites, we may use standard technology called “cookies” and other similar tracking technologies to manage and secure the Site.  Cookies are small data files that are placed onto your computer when you use the Site to uniquely identify your browser.  We may use cookies and similar tracking technologies and the information they provide to (i) improve the quality of the Site and your experience by storing user preferences and tracking user trends, (ii) understand how consumers use the Site in order to guard against fraud and design better services in the future, and (iii) measure effectiveness of online advertising initiatives. We do not use cookies or similar tracking technologies to collect or store personal information without your consent. 
 
B.     Voluntary 
 
You are not required to give us any personal information to browse the Site.  However, you may be required to provide personal information to register as a user of the Site, to submit information or request information from us, or to use services offered through the Site.  Such information may include, but is not limited to, your name, social security number, gender, date of birth, e-mail address, home address, telephone number, fax number, credit card and other payment-related information, and any other personal information you willingly disclose to us.  Additionally, we may request access to the location of your device so that you can use location-based features.  All such information will be treated in accordance with the terms of this Privacy Policy. 
 
II.     HOW WE USE INFORMATION 
 
We may use information collected pursuant to this Privacy Policy for a variety of purposes, including, without limitation, to: 
 
1.          manage your account and facilitate your participation on the Site; 
2.          customize your user experience on the Site; 
3.          improve the Site and any products and services; 
4.          respond to your questions or feedback and otherwise communicate with you; 
5.          troubleshoot problems that may arise on the Site; 
6.          protect against fraud or other criminal activity on the Site and other websites; 
7.          increase our understanding of our users and user database; 
8.          tailor advertisements or notifications to our users; 
9.          monitor user interest in products and services; 
10.       assist in tailoring products, services, and the content of the Site to our users’ needs; 
11.       develop new products and services; 
12.       contact and/or notify you of new services and send service notifications; and 
13.       conduct surveys, sweepstakes, contests, or other special promotions. 
 
Additionally, if you provide us with any reviews, testimonials, or other feedback, we may use it for the purpose of publicizing and promoting ProDash.  By submitting such reviews, testimonials, or feedback, you authorize us to use all or part of the statements you make, as well as your first name, last initial, and state of residence, for any lawful purpose.  This information may be used in printed publications, multimedia presentations, websites, or any other distribution media.  You agree that you will make no monetary or other claim against ProDash for the use of this information. 
 
III.   HOW WE SHARE INFORMATION 
 
We will not sell, rent, trade, or otherwise share information collected pursuant to this Privacy Policy, except as described below. 
 
A.     Service Providers 
 
We may share information collected pursuant to this Privacy Policy with third parties that provide certain services on our behalf (“Service Providers”) as reasonably necessary to enable them to perform these services.  Such services may include, but are not limited to, payment processing, website hosting and maintenance, website usage analytics, data storage and management, production and fulfillment, marketing and promotions, and other services designed to assist us in the operation of the Site, conducting our business, or servicing you.  Each Service Provider must agree to implement and maintain reasonable security procedures and practices appropriate to the nature of the information involved in order to protect your information from unauthorized access, destruction, use, modification, or disclosure and must comply with all applicable laws.  We do not bear any responsibility for any actions or policies of such Service Providers. 
 
B.     Third Party Marketing 
 
         Unless specifically authorized by you or as otherwise stated in this Privacy Policy, we do not provide personal information to third parties for marketing purposes.  However, non-personal information may be provided to third parties for marketing, advertising, or other uses. 
 
C.     Subsidiaries and Affiliates 
 
We may share information collected pursuant to this Privacy Policy with our subsidiaries, affiliates, joint ventures, or other companies under common control with ProDash for the purposes for which you provided the information or as reasonably necessary for our internal administrative and business purposes.  Such entities will be required to honor this Privacy Policy. 
 
D.     Change in Control 
 
We may share or transfer information collected pursuant to this Privacy Policy with participating entities in the event ProDash is acquired by or merged with another entity or in connection with the sale or transfer of some or all of our assets or equity.  In the event your personal information is transferred pursuant to this provision, we will, if able, use reasonable efforts to notify you of such transfer (i.e. via email to you or by posting a prominent notice on the applicable Site).  Unless you consent otherwise, your personal information will remain subject to the promises made in this Privacy Policy, even after the transfer.  Any information you provide after any transfer, however, will likely be subject to a new privacy policy, and you should review that policy. 
 
E.     Bankruptcy 
 
In the event of a ProDash bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.  If such an event occurs, your personal information may be treated like any other ProDash asset and be sold, transferred, or shared with third parties, or used in ways not contemplated or permitted under this Privacy Policy, without notice to you or your consent. 
 
F.      Aggregate/Anonymous Sharing 
 
We may share information collected pursuant to this Privacy Policy in an anonymous or aggregated form without restriction.  This information may include, without limitation, general statistics and collective information about our customers and visitors as well as Site usage.  Such aggregate information does not identify you individually. 
 
G.     Necessity 
 
We may share information collected pursuant to this Privacy Policy (i) in response to a valid court order, subpoena, government investigation, or as otherwise required by law, (ii) to establish, protect, or exercise our legal rights or defend against legal claims, (iii) to enforce our Site policies, (iv) when we believe that doing so is reasonably necessary to protect the rights, property, or safety of ProDash and/or any third party, (v) to investigate, prevent, and/or take action regarding any illegal activity, or (vi) when applicable law requires or permits such disclosure.  To this end, we may report to law enforcement agencies any activities that we, in good faith, believe to be unlawful and forward any intellectual property infringement notice submitted to us, and any related communications, to third parties. 
 
H.     As Disclosed 
 
We may share information collected pursuant to this Privacy Policy in the manner as may otherwise be disclosed at the time of collection. 
 
I.      Consent 
 
We may share information collected pursuant to this Privacy Policy in accordance with any consent or permission you provide. 
 
J.     HIPPA ASSURANCES 
 
In the event ProDash creates, receives, maintains, or otherwise is exposed to personally identifiable or aggregate patient or other medical information defined as Protected Health Information ("PHI") in the Health Insurance Portability and Accountability Act of 1996 or its relevant regulations ("HIPAA") and otherwise meets the definition of ProDash as defined in the HIPAA Privacy Standards (45 CFR Parts 160 and 164), ProDash shall: 
 
(a)   Recognize that HITECH (the Health Information Technology for Economic and Clinical Health Act of 2009) and the regulations thereunder (including 45 C.F.R. Sections 164.308, 164.310, 164.312, and 164.316), apply to ProDash in the same manner that such sections apply to you; 
 
(b)   Not use or further disclose the PHI, except as permitted by law; 
 
 
(c)   Not use or further disclose the PHI in a manner that had you done so, would violate the requirements of HIPAA; 
 
(d)   Use appropriate safeguards (including implementing administrative, physical, and technical safeguards for electronic PHI) to protect the confidentiality, integrity, and availability of and to prevent the use or disclosure of the PHI other than as provided for by this Agreement; 
 
(e)   Comply with each applicable requirements of 45 C.F.R. Part 162 if the ProDash conducts Standard Transactions for or on behalf of you; 
 
(f)    Report promptly to you any security incident or other use or disclosure of PHI not provided for by this Agreement of which ProDash becomes aware; 
 
(g)   Ensure that any subcontractors or agents who receive or are exposed to PHI (whether in electronic or other format) are explained the ProDash obligations under this paragraph and agree to the same restrictions and conditions; 
 
(h)   Make available PHI in accordance with the individual’s rights as required under the HIPAA regulations; 
 
(i)    Account for PHI disclosures for up to the past six (6) years as requested by you, which shall include: (i) dates of disclosure, (ii) names of the entities or persons who received the PHI, (iii) a brief description of the PHI disclosed, and (iv) a brief statement of the purpose and basis of such disclosure; 
 
(j)    Make its internal practices, books, and records that relate to the use and disclosure of PHI available to the U.S. Secretary of Health and Human Services for purposes of determining Customer’s compliance with HIPAA; and 
 
(k)   Incorporate any amendments or corrections to PHI when notified by you or enter into a ProDash Agreement or other necessary Agreements to comply with HIPAA. 
 
 
K.    III. Termination Upon Breach of Provisions. Notwithstanding any other provision of this Agreement, you may immediately terminate this Agreement if you determine that ProDash breaches any term in this section. Alternatively, you may give written notice to ProDash in the event of a breach and give ProDash thirty (30) business days to cure such breach.  You shall also have the option to immediately stop all further disclosures of PHI to ProDash if you reasonably determine that ProDash has breached its obligations under this Agreement. In the event that termination of this Agreement and the Agreement is not feasible, ProDash hereby acknowledges that you shall be required to report the breach to the Secretary of the U.S. Department of Health and Human Services, notwithstanding any other provision of this Agreement or Agreement to the contrary. 
 
 
L.     Return or Destruction of Protected Health Information upon Termination. Upon the termination of this Agreement, unless otherwise directed by you, ProDash shall either return or destroy all PHI received from you or created or received by ProDash on behalf of you in which ProDash maintains in any form. ProDash shall not retain any copies of such PHI. Notwithstanding the foregoing, in the event that ProDash determines that returning or destroying the Protected Health Information is infeasible upon termination of this Agreement, ProDash shall provide you notification of the condition that makes return or destruction infeasible. To the extent that it is not feasible for ProDash to return or destroy such PHI, the terms and provisions of this Agreement shall survive such termination or expiration and such PHI shall be used or disclosed solely as permitted by law for so long as ProDash maintains such Protected Health Information. 
 
M.   De-Identified Data. Notwithstanding the provisions of this Agreement, ProDash and its subcontractors may disclose non-personally identifiable information provided that the disclosed information does not include a key or other mechanism that would enable the information to be identified. 
 
N.    Amendment. ProDash and you agree to amend this Agreement to the extent necessary to allow either party to comply with the Privacy Standards, the Standards for Electronic Transactions, the Security Standards, or other relevant state or federal laws or regulations created or amended to protect the privacy of patient information. All such amendments shall be made in a writing signed by both parties. 
 
O.    Interpretation. Any ambiguity in this Agreement shall be resolved in favor of a meaning that permits you to comply with the then most current version of HIPAA and the HIPAA privacy regulations. 
 
P.     Definitions. Capitalized terms used in this Agreement shall have the meanings assigned to them as outlined in HIPAA and its related regulations. 
 
Q.    Survival. The obligations imposed by this Section shall survive any expiration or termination of this Agreement. 
 
IV.    YOUR OPTIONS 
 
A.         Information You Provide 
 
You may always choose whether or not to provide information on the Site.  However, if you choose not to disclose certain information, you may not be able to fully access or use certain portions of the Site. 
 
B.         Account Information 
 
You may update, correct, or delete any personal information about you, or delete your account, at any time by logging into your online account or emailing us at info@ProducerDashboard.com.  Note, however, that even after you ask that we remove personal information from our databases, it may be impossible to remove some information, such as information tracked in our web server log files and information that may reside in backup files.  This residual information is retained to preserve the integrity of backed-up files and for business continuity purposes.  We may also retain (i) certain technical information for use in the aggregate and to analyze and improve the Site and (ii) personal information with any document retention policy and to comply with applicable laws, rules, regulations, or guidelines, to prevent fraudulent activity, to protect ourselves against liability, to resolve disputes, to enforce our contractual or other rights, to permit us to pursue available remedies, to limit any damages that we may sustain, and for any other legitimate business purpose. 
 
C.         Communications From Us 
 
From time to time, we may send non-promotional announcements or notifications related to the Site.  Generally, you may not opt out of these service-related communications.  We may also send promotional emails or newsletters from time to time.  If you do not wish to receive these promotional materials, you may opt-out by following the “unsubscribe” instructions contained in any such communications.  You may also contact us at info@ProducerDashboard.com. 
 
D.         Tracking 
 
At this time, the Site does not recognize or respond to automated browser signals regarding tracking mechanisms, which may include “do not track” instructions.  However, you may be able to change your privacy preferences regarding the use of cookies and similar technologies through your browser.  If you wish to do so, refer to your browser help menu.  Note, however, that disabling or deleting cookies may limit your ability to utilize some features of the Site. 
 
E.         Third Party Marketing Opt Out 
 
If, after providing consent, you want to opt out of having your personal information disclosed to third parties for marketing purposes, please let us know by sending us an email at info@ProducerDashboard.com or by writing to us at www.ProducerDashboard.com.  Please be sure to include your full name, your ProDash username, the email address you used to sign up with ProDash, and your mailing address, and specifically state that you do not want your personal information shared with third parties for marketing purposes. 
 
F.          Location 
 
You can decline to allow the Site to access your device’s location, either when you are first asked permission or at any other time by using your device’s settings and controls.  Certain features of the Site may not be accessible without sharing location information. 
 
V.     STORAGE AND SECURITY 
 
The security of your personal information is important to us.  We employ reasonable security precautions to help protect against the loss, misuse, and alteration of information collected pursuant to this Privacy Policy.  However, we cannot guarantee that these precautions will prevent breaches of the integrity and security of our network and systems, or that personal information will never be accessed or acquired by unauthorized persons, notwithstanding the safeguards we have in place.  Accordingly, any information you provide to us is at your own risk.  WE DISCLAIM LIABILITY FOR THE THEFT, LOSS, OR INTERCEPTION OF, OR UNAUTHORIZED ACCESS OR DAMAGE TO, YOUR INFORMATION, DATA, OR COMMUNICATIONS BY USING THE SITE. YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND ASSUME THESE RISKS. 
 
If you have reason to believe that personal information is no longer secure, please notify us immediately by contacting us in accordance with this Privacy Policy. 
 
Additionally, you are responsible for safeguarding and preventing unauthorized access to the information and password that you use to access the Site (“Login Information”).  You agree not to disclose your Login Information to any third party and are responsible for the activity of any individual using your Login Information to access the Site, regardless of whether or not you authorized that activity.  You must immediately notify ProDash of any unauthorized use of your Login Information or any other information you have provided to ProDash. 
 
VI.    YOUR CALIFORNIA PRIVACY RIGHTS 
 
If you are a resident of California, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by ProDash or its subsidiaries to a third party for the third party’s direct marketing purposes once per calendar year.  This right granted to California residents applies only to their activities within the State of California.  To make such a request, please send an email to info@ProducerDashboard.com with “Request for California Privacy Information” on the subject line and in the body of the message or write us at 2330 Rocklyn Drive, Urbandale, Iowa, 50322, or calling us at 515-992-5000.  
 
Please be aware that not all information sharing is covered by the requirements of California Civil Code Section 1798.83 and only information on covered sharing will be included in our response.       
 
VII.  MISCELLANEOUS 

A.         Children 
 
The Site is not directed to, and ProDash does not knowingly collect the personal information of, children under the age of thirteen (13).  Children under the age of thirteen (13) are not eligible to use the Site and we ask that they do not submit any personal information to us.  Should we discover that we have collected personal information online from a child who is under thirteen (13), we will promptly delete that personal information. 
 
B.         External Sites 
 
The Site may contain links to other websites and other websites may contain links to the Site.  This Privacy Policy applies only to the Site.  We do not control third party websites accessible from the Site or used to access the Site, each of which may have privacy policies materially different from this Privacy Policy.  We are not responsible for the privacy practices or content of any third party website and are not liable for their misuse of any of your information.  Accordingly, it is your responsibility to review the privacy policies of any third party website to confirm you understand and agree to the terms thereof.  Access to such websites is at your own risk. 
 
C.         Modifications 
 
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Privacy Policy at any time and without prior notice.  All changes to the Privacy Policy will be effective when posted.  When we make changes to the Privacy Policy, we will change the “Last Updated” date above.  It is your responsibility to review this Privacy Policy periodically to ensure that you are aware of any changes.  Your continued use of the Site following the posting of changes signifies your continued assent to the terms of this Privacy Policy, as updated or amended at that time.  If at any time you find this Privacy Policy unacceptable or if you do not agree to this Privacy Policy, please do not use this Site.  
 
D.         Governing Law 
 
The Site is hosted in the United States of America and is intended for use by residents of the United States of America only.  All matters relating to the Site are governed exclusively by the laws of the State of Iowa in the United States of America and not the jurisdiction in which you are located. 
 
If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to, processed in, and maintained on servers or databases located in the United States of America.  The laws in the United States may not be as protective of your privacy as those in your location.  By submitting such information and/or using the Site, you explicitly authorize the collection, use, transfer, and disclosure of your personal information and communications in the United States of America and agree that such collection, use, transfer, and disclosure will be governed by the applicable laws in the United States of America. 
 
E.         Residents of the European Union 
 
The Site is not currently intended for residents of the European Union.  If we discover that we have inadvertently collected personal data of a data subject (as such terms are defined in the European Union General Data Protection Regulation (“GDPR”)), we will delete such information from our systems after notifying the data subject of the discovery and prohibit that person from using the Site.  
 
F.          Questions 
 
If you have any questions or comments regarding this Privacy Policy, please contact us by sending us an email at info@ProducerDashboard.com, writing to us at 2330 Rocklyn Drive, Urbandale, Iowa, 50322, or calling us at 515-992-5000.  Note that any such correspondence may be retained by us to improve our products, services, and the Site, and for other disclosed purposes.