Clutch Health LLC (“Clutch”) is committed to maintaining the privacy and security of your personal information, and we appreciate that medical information is particularly sensitive. This Privacy Policy applies to any products or services offered through any Clutch mobile application (“Mobile App”) that links to this Privacy Policy (collectively, the “Clutch Services”). Clutch respects the privacy of its healthcare providers (“Providers”), subscribers to the Clutch Services (“Members”), and Website visitors (“Visitors”). This Privacy Policy discloses Clutch’s information collection and dissemination practices in connection with the Clutch Services and applies solely to the information that we collect through the Clutch Services and from Visitors to the Website. This Privacy Policy does not address personal information that you provide to us in other contexts (e.g., through a business relationship not handled through a Website or Mobile App).
Acceptance of Privacy Policy
By clicking your acceptance of this Privacy Policy or using the Mobile App, you agree to the terms of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Clutch Services. Your continued use of the Clutch Services following the posting of changes to these terms will mean that you accept those changes.
Acceptance of Privacy Policy
Clutch collects your personally identifiable information (“PII”) through the Clutch Services when you choose to provide such information, such as when registering to become a Clutch member, so that you may receive information and updates regarding the Clutch Services. PII can include your name, prescription and over-the-counter medications, address, telephone number, e-mail address, Social Security number, date of birth, healthcare coverage, pharmacy, and physician. Clutch collects your personally identifiable information (“PII”) through the Clutch Services when you choose to provide such information, such as when registering to become a Clutch member, so that you may receive information and updates regarding the Clutch Services. PII can include your name, prescription and over-the-counter medications, address, telephone number, e-mail address, Social Security number, date of birth, healthcare coverage, pharmacy, and physician.
Clutch’s Collection of Your Publicly Available Personal Information
Clutch may request publicly available personal information about you that is maintained by the consumer data companies Acxiom and/or LexisNexis or other similar services. This publicly available personal information is used by Clutch to verify your identity in online transactions and to aid in tailoring the Clutch Services to your needs.
By agreeing to Clutch’s Terms of Use, you agree to appoint Clutch as your agent for certain purposes, including (i) obtaining your medical information from pharmacies and pharmacy benefit managers (“PBMs”) in order to provide the Clutch Services and (ii) exercising your right to access your protected health information (“PHI”) pursuant to the Health Insurance Portability and Accountability Act (“HIPAA”). Please read the “Appointment of Clutch as Your Agent” section of the Terms of Use carefully in order to understand Clutch’s ability to collect your medical information on your behalf.
Clutch’s Use of Personal Information
Providing the Clutch Services. Clutch will use your PII only to address your requests for information, products, or services or in connection with providing you the Clutch Services. Specifically, Clutch may use your PII to provide the following Clutch Services: (i) obtaining your medical information, including PHI, from your physicians, pharmacies, healthcare coverage providers and pharmacy benefit managers (collectively, “Healthcare Providers”), (ii) finding lower prices for your healthcare, or (iii) contacting Healthcare Providers, including physicians or pharmacies, on your behalf to request information necessary to provide the Clutch Services, including, but not limited to, your medical and healthcare coverage information, your medication history, and your billing information and history.
Clutch’s Use of Personal Information Providing the Clutch Services. Clutch will use your PII only to address your requests for information, products, or services or in connection with providing you the Clutch Services. Specifically, Clutch may use your PII to provide the following Clutch Services: (i) obtaining your medical information, including PHI, from your physicians, pharmacies, healthcare coverage providers and pharmacy benefit managers (collectively, “Healthcare Providers”), (ii) finding lower prices for your healthcare, or (iii) contacting Healthcare Providers, including physicians or pharmacies, on your behalf to request information necessary to provide the Clutch Services, including, but not limited to, your medical and healthcare coverage information, your medication history, and your billing information and history.
Marketing by Clutch. Clutch may also use your PII to deliver advertisements and marketing communications to you that we believe may be of interest. These advertisements and marketing communications will be delivered solely by Clutch. Marketing communications that you receive from Clutch may include (i) advertisements for the Clutch Services, and (ii) advertisements for prescription drugs.
Disclosure of Personal Information
Clutch will not sell, rent, license, or trade your PII with third parties for their own direct marketing use unless we receive your express consent to do so. Unless you give us permission to do so, Clutch will not share your PII other than as specified in this Privacy Policy. Clutch may, however, use your PII to find and offer to you coupons and discounts relevant to your healthcare that are offered by third parties.
Because you have appointed Clutch as your agent pursuant to the Clutch Terms of Use, Clutch is authorized to act on your behalf in obtaining your PHI from your Healthcare Providers. As described in this Privacy Policy, Clutch is committed to safeguarding the privacy and security of your PII, including medical information, when we use, maintain, or transmit that data. However, because Clutch is acting on your behalf, it is not a covered entity or business associate subject to HIPAA. Nevertheless, when Clutch obtains your medical information while acting on your behalf, we will maintain the privacy and security of that information in accordance with the terms of this Privacy Policy and consistent with the security standards of the HIPAA security regulations.
Disclosures Related to Providing the Clutch Services
You acknowledge that any and all information that you provide to Clutch may be disclosed to Healthcare Providers in order to provide the Clutch Services. Clutch is not responsible for protecting the privacy of your information when it is in the possession of a Healthcare Provider.
Disclosures Related to Providing the Clutch Services You acknowledge that any and all information that you provide to Clutch may be disclosed to Healthcare Providers in order to provide the Clutch Services. Clutch is not responsible for protecting the privacy of your information when it is in the possession of a Healthcare Provider.
Disclosures to Third Parties Assisting In Our Operations. Clutch may share your PII under confidentiality agreements with other companies that work with, or on behalf of, Clutch to provide products and services. These companies may use your PII to assist Clutch in its operations. However, these companies do not have any independent right to share this information.
Automatically Collected Information and Anonymous Information
Each time a visitor uses the Clutch Services, Clutch collects some information to improve the overall quality of the visitor’s online experience.
Aggregated Data. Clutch collects aggregate queries for internal reporting and may also count, track, and aggregate the visitor’s activity into Clutch’s analysis of general traffic-flow on the Websites. To these ends, Clutch may merge information about you into aggregated group data. In some cases, Clutch may remove personal identifiers from PII and maintain it in aggregate form that may later be combined with other information to generate anonymous, aggregated statistical information. Such anonymous, group data may be shared on an aggregated basis with Clutch’s affiliates, business partners, service providers and/or vendors; if it does so, Clutch will not disclose your individual identity.
Web Server Logs and IP Addresses. An Internet Protocol (“IP”) address is a number that automatically identifies the computer/machine you have used to access the Internet. The IP address enables our server to send you the web pages that you want to visit, and it may disclose the server owned by your Internet Service Provider. Clutch may use IP addresses to conduct analyses and performance reviews and to administer the Clutch Services.
Cookies and Web Beacons. Cookies are pieces of information that a website transfers to a user’s computer for purposes of storing information about a user’s preferences. Cookies in and of themselves do not personally identify users, although they do identify a user’s computer. Many websites use cookies as a standard practice to provide useful features when a user visits the website and most web browsers are set up to accept cookies. Clutch may use cookies to improve your online experience when using the Clutch Services. You can set your browser to refuse cookies, but some portions of the Clutch Services may not work properly if you refuse cookies. Some of Clutch’s web pages may use web beacons in conjunction with cookies to compile aggregated statistics about Clutch Services usage. A web beacon is an electronic image (also referred to as an “action tag,” “single-pixel,” or “clear GIF”) that is commonly used to track the traffic patterns of users from one web page to another in order to maximize web traffic flow and to otherwise analyze the effectiveness of the Clutch Services. Some web beacons may be unusable if you elect to reject their associated cookies. Clutch may also record the movement of Members and Visitors from page to page on the Website in order to improve the Clutch Services.
Referral/Links
The Clutch Services may contain links to third-party websites that may offer information of interest. This Privacy Policy does not apply to those websites, and Clutch recommends reviewing those websites’ privacy policies individually.
Security
Clutch understands that storing our data in a secure manner is essential. Clutch stores PII and other data using industry-standard physical, technical and administrative safeguards to secure data against foreseeable risks, such as unauthorized use, access, disclosure, destruction or modification. Although Clutch is neither a covered entity nor a business associate subject to HIPAA legal requirements, Clutch has implemented data security measures that are consistent with the standards of the HIPAA security regulations. Please note, however, that while Clutch has endeavored to create a secure and reliable website for users, the confidentiality of any communication or material transmitted to or from the Clutch Services or via e-mail cannot be guaranteed.
Your Role in Protecting Your Privacy
You are responsible for maintaining the confidentiality of your Clutch account password. Never share your Clutch password with anyone you don’t want to access your account. You agree that you will provide access to your password only to insured spouses and/or dependents and you agree any user of your password is bound by the terms set forth in this Privacy Policy and the Terms of Use. It is your sole responsibility to inform Clutch of any need to deactivate a password.
Response to “Do Not Track” Signals
Some Internet browsers include the ability to transmit “Do Not Track” signals. Since uniform standards for “Do Not Track” signals have not yet been adopted, Clutch does not process or respond to “Do Not Track” signals.
Children’s Privacy Protection
Under Age 13
Clutch understands the importance of protecting children’s privacy in the interactive online world. The Clutch Services, including the Mobile App, are not designed for, or intentionally targeted at, children under 13 years of age. It is not our policy to intentionally collect or maintain information about anyone under the age of 13. No one under the age of 13 should submit any PII to Clutch and/or the Mobile App.
Under Age 18
Minors under 18 years of age may have the PII that they have provided to Clutch through the Clutch Services, including the Mobile App, deleted by sending an email to privacy@clutch.health requesting deletion. Please note that, while we make reasonable efforts to comply with such requests, the deletion of your personal information does not ensure complete and comprehensive removal of that data from all systems.
Changes
At certain locations on the Mobile App where information about you may be requested, you are offered the opportunity to opt-out of receiving communications from Clutch. You may also review and request changes to your PII that Clutch has collected, including the removal of your PII from Clutch’s databases in order to prevent receipt of future communications or to halt receipt of the Clutch Services, using any of the following options:
You can send your request via email to: privacy@clutch.health
You can mail your request to the following postal address:
Clutch Health LLC
438 Porsche Ave
Atlanta, GA 30354
Attn: Chief Privacy Officer
Policy Updates
This Privacy Policy may be revised from time to time as we add new features and services, as laws change, and as industry privacy and security best practices evolve. We display an effective date on the policy in the upper right corner of this Privacy Policy so that it will be easier for you to know when there has been a change. If we make any change to this Privacy Policy regarding the use or disclosure of PII, we will provide advance notice on the Clutch Services and in the iTunes App Store where the Mobile App may be downloaded. Small changes or changes that do not significantly affect individual privacy interests may be made at any time and without prior notice.