Privacy Policy


Last Updated: September 15, 2015


THIS PRIVACY POLICY DESCRIBES HOW INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

1. OVERVIEW OF OUR PRIVACY POLICY

(a) This privacy policy (“privacy policy” or “policy”) is an agreement between us and you as the user of our website available at www.imagingadvantage.com and any other related pages, features, content, materials, applications, widgets, etc., made available therein by us (collectively, the “Website”). This agreement tells you when this policy is effective, what information we collect from you, how we might use it, how you can review or change the personal information you provided to us, how we may change this policy, and the steps we take to ensure that your personal information is protected.

(b) For purposes of this privacy policy, “you” and “your” means you as the user of the Website. If you use the Website on behalf of a company, organization, network, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this privacy policy, and that you agree to this policy on the entity's behalf, and (c) your entity is legally and financially responsible for your use of the Website as well as for the use of your account by others affiliated with your entity, including any employees, agents or contractors. Any capitalized term used but not defined in this privacy policy shall have the meaning in the Terms of Use.

(c) For purposes of these Terms of Use, “us,” or “we” or “our” means Imaging Advantage, LLC with offices located at 3805 East Bell Road, Suite 5500, Phoenix Arizona 85032.

(d) This policy applies to information we collect: (i) on this Website; (ii) in e-mail, text and other electronic messages between you and this Website; (iii) when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy; and (iv) through mobile and desktop applications that we own and make available to you for download, which provide dedicated non-browser-based interaction between you and this Website and us.

(e) This privacy policy does not apply to (i) information collected by us offline or through any other means, including on any other website operated by us or any third party including our affiliates and subsidiaries; and (ii) any other third party website or service that you may be able to access through the Website or any website or online services of our suppliers, contractors and consultants, each of which may have data collection, storage and use practices and policies that may materially differ from this policy. Your use of the Website is governed by this Privacy Policy and the Terms of Use.

2. AGREEMENT TO TERMS OF PRIVACY POLICY

(a) All activities in which you may engage on the Website are voluntary. You are not required to provide any personal information to us unless you choose to access features on the Website which require the information. If you do not agree with the terms of this policy or the Terms of Use posted on or through the Website, then you should immediately exit the Website and discontinue using them. If you do not agree with the terms of our privacy policy and our Terms of Use posted at “www.imagingadvantage.com/termsofuse” or “www.imagingadvantage.com/privacypolicy”, please do not provide us with personal information, and leave the Website.

(b) BY VIEWING, ACCESSING OR OTHERWISE USING THE WEBSITE IN ANY MANNER YOU ACKNOWLEDGE, ACCEPT AND AGREE TO BE BOUND AND ABIDE BY ALL OF THE PROVISIONS OF THIS PRIVACY POLICY AND YOU REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THIS POLICY. IF, UNLESS OTHERWISE NOTED IN HEREIN, YOUR REMEDY FOR DISSATISFACTION WITH THE SERVICES AVAILABLE THEREIN IS TO STOP USING THE WEBSITE.

(c) YOU AGREE THAT YOUR ASSENT, GIVEN ELECTRONICALLY, WILL HAVE THE SAME LEGAL EFFECT AS IF IT HAD BEEN PERSONALLY SIGNED BY YOU. TO THE EXTENT PERMITTED BY LAW, THIS POLICY IS INTENDED TO SUPERSEDE ANY PROVISIONS OF APPLICABLE LAW, WHICH MIGHT OTHERWISE LIMIT THEIR ENFORCEABILITY OR EFFECT, BECAUSE THEY WERE ENTERED INTO ELECTRONICALLY. PLEASE PRINT A COPY OF THIS POLICY FOR FUTURE REFERENCE.

3. EFFECTIVE DATE OF AND CHANGES TO PRIVACY POLICY

(a) Effective Dates. This privacy policy is effective as of September 15, 2015, and will remain in effect except with respect to any of its provisions that are changed in the future, in which case the changes will become effective on the date they are posted on the website or we otherwise notify you of the changes.

(b) Changes to Policy. We reserve the right to change this privacy policy at any time. Changes, modifications, additions, or deletions will be effective immediately on their posting. You should check this policy periodically as its terms may change from time to time. Your continued use of the Website after we post any such modifications will constitute your acknowledgment of the modified policy and your agreement to abide and be bound by the modified policy. We will also revise the “last updated” date found at the beginning of this privacy policy when we post changes to it. The amended privacy policy supersedes all previous versions. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS PRIVACY POLICY, YOU MUST STOP USING THE SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES.

4. POLICY AND DISCLAIMERS APPLICABLE TO ONLINE ACTIVITIES ONLY

(a) The privacy policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond our control, and is not to be applied in any manner contrary to applicable law or governmental regulation. This online privacy policy only applies to information collected through the Website. This privacy policy does not apply to any information we may collect from you in any place

5. INFORMATION WE MAY COLLECT

(a) Health Insurance Portability and Accountability Act (“HIPAA”) and Personal Health Information (PHI”). This Privacy Policy does not apply to our information collection and use policy or practices that occur offline (not on or through the Website) including but not limited to the collection and use of PHI as that term is used under HIPPA. Working in the healthcare industry, we are responsible under HIPAA regulations to ensure the strict confidentiality of all PHI we collect, receive or otherwise access. We and our employees and contractors maintain PHI under secure conditions, and we will protect patient information from public or unauthorized viewing or accessing. If you would like to know more about our privacy practices governing PHI and HIPAA contact us at legal@imagingadvantage.com with any questions or concerns.

(b) Personal Information. Personally identifiable information is information you provide that lets us know specific facts about you so that we can respond to your requests. Depending on the portion of the Website you visit and the information you provide, this information could range from your name, address and ZIP code, which you provide in order to receive information from us about certain services. Personal information collected on our Website is used only to allow us to fulfill your request. Please note that this information may be collected through voluntary forms that collect personal information to fulfill your request. We will work to protect the security and privacy of any personal information that you provide. The information you provide may be furnished to a third party in order to facilitate the transaction including information submitted in response to an employment opportunity. In each case, we use your personal information only for the purpose it is submitted to us, which may include providing it to third parties with whom we have relationships to deliver the information or services you request. Only authorized employees and contractors have access to personal information, and all personnel have agreed to keep this information secure and confidential.

(c) General Information.

(i) We may collect information from you that is general in nature which may be data that is anonymous and does not personally identify you but is helpful for marketing purposes or for improving your experience on the Website (“general information”). General information is collected from you whenever you access the Website, whether or not you provide us with any personal information and may include but is not limited to click stream data and cookies (as discussed below) or your Internet Protocol (IP) address, which enables us to identify your computer or device on a Transmission Control Protocol/Internet Protocol (TCP/IP) network, which includes the World Wide Web. Your computer has an IP address, which is required in order for you to communicate with others via the Internet.

(ii) Click Stream or Traffic Data. When you visit the Website we may also collect certain types of traffic data also called “click stream data” (e.g., types of web browsers used to access the Servers, types of devices used to access the Website, referring webpage(s) from which you accessed the Website, geolocation information, server address, domain name, or other information associated with the interaction between your browser and/or device and the Website). This information may be personal information depending on the type of information and the applicable law. Additionally, this click stream data can be combined with information you have provided to us which will enable us to analyze and better customize your visits. We may use click stream data for traffic analysis or e-commerce analysis of our website, to determine which features of the Website are most or least effective or useful to you.

(iii) Cookies. We may also use cookies to gather information about your visits to our website and enhance your experience. More information on how we use cookies is available in the section “Collection and Tracking Tools” provided below.

6. USES OF INFORMATION COLLECTED

(a) Some of the uses for the information that we collect or receive from you include, but are not limited to, the following:

(i) To provide, maintain, administer, modify and expand the Website and to provide you with relevant information on new or existing products or services and any updates thereof;

(ii) To provide you with information you request and to respond to correspondence that we receive from you;

(iii) To perform business analyses, or for other internal purposes to support, improve or enhance our business, the Website, and other products and services we may offer in the future;

(iv) To notify you about resources, offers, services and/or news we think might interest you. This information may relate to products, offers, and news of our or our licensees or selected commercial partners;

(v) To analyze visits to the website and learn about the interests of our visitors in aggregate;

(vi) To combine information received from third parties with the information that we have from or about you and use the combined information for any of the purposes described in this policy;

(vii) To use statistical information that we collect or produce from the information that we collect in any way permitted by law, including from third parties in connection with their commercial and marketing efforts; and

(viii) To prevent, detect and investigate potential or actual security breaches and any other potentially illegal or prohibited or suspicious activities.

(b) To create and use de-identified and/or aggregated to better understand who uses the Website and how we can deliver a better experience, or otherwise at our discretion.

7. PROTECTION OF YOUR PERSONAL INFORMATION AND GENERAL INFORMATION

(a) Security Measures. In order to protect both the information that we receive from you through the Website, we have implemented various security measures, including generally accepted industry standards to protect the information submitted to us, both during transmission and in storage. We store and process your information on our servers in the United States. We maintain industry standard backup and archival systems.

(b) Risk of Interception. Please keep in mind, however, that whenever you give out personal information online (through websites, apps, email or chat/text messages, etc.) there is a risk that third parties may intercept and use that information. While we strive to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. By using the Website, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through the Website and that any personal information (including PHI), general information, or other data or information received from you through the Website is provided to us at your own risk, which you expressly assume.

8. NOTICE CONCERNING CHILDREN UNDER THE AGE OF THIRTEEN (13)

(a) We are a general audience site, and do not direct any of our content specifically at children under thirteen (13) years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. In accordance with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of thirteen (13) without parental consent. When we do receive information (with parental consent) from users under the age of thirteen (13), we will not share their personally identifiable information with third parties, regardless of their stated preference given at registration or time of collection.

(b) By accessing, using and/or submitting information to or through the Website, you represent that you are not younger than age thirteen (13).

9. DISCLOSURE OF YOUR INFORMATION AND THIRD PARTIES

(a) Typical Disclosures. We may disclose your personal information and other general information that we collect from you:

(i) With entities that collect, aggregate and/or organize such information so that the information is more readily accessible and useable for the uses described in this policy;

(ii) With another company in connection with a merger, sale, acquisition or other change of ownership or control by or of us (whether in whole or in part). Should one of these events occur, we will make commercially reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.

(iii) If we reasonably determine in good faith that such disclosure is needed to: (A) comply with applicable law, rule, regulation, court order or other legal process as more fully detailed in Section 9(c) below; (B) protect our rights, property or safety or those of another party; (C) enforce this policy or other agreements with you including the Terms of Use; or (4) respond to claims that any posting or other content or materials of any nature violates third-party rights.

(iv) To our subsidiaries and affiliates.

(v) To fulfill the purpose for which you provide it.

(vi) For any other purpose disclosed by us when you provide the information.

(vii) With your consent.

(viii) To enforce or apply our Terms of Use or this Privacy Policy and other agreements, including for billing and collection purposes.

(ix) If we believe disclosure is necessary or appropriate to protect our rights, property, or the safety of our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

(b) Disclosures to Third Parties. Other than to the companies belonging to or affiliated with us for the purposes set out above, and except as described in this policy, we do not sell, trade, or otherwise transfer your personal information or general information to third parties without informing you in advance directly or through an update of this policy. We provide some of our Website through contractual arrangements with affiliates, services providers, partners and other third parties (collectively, “service partners”). Our service partners may use your personal information to operate the Website and portions thereof and to deliver their services. These parties will only use your data for the purpose of carrying out the work as agreed with us and will be required to keep the information confidential; provided, however, the use of your personal information by our service partners is governed by the privacy policies of those service partners and is not subject to our control. We will encourage our service partners to adopt and post privacy policies.

(c) Security, legal and other Types of Disclosures. We will release personal or general information without your consent for security purposes, when required by law, or to prevent imminent harm to any person or entity. We will disclose personal or general information upon receipt of a court order or subpoena, or to cooperate with a law enforcement investigation, which may include responding to requests and court orders from jurisdictions outside the United States. We fully cooperate with law enforcement agencies in identifying those who use our Website for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful, as determined in our sole discretion. Release of your personal data for security purposes, as described in this policy to any person or entity under any circumstances shall be based on a determination made solely by us, exercising our own discretion, permission for which is expressly granted by you to us in accordance with this policy.

(d) Links to Third Parties. For your convenience and to improve the usage of the Website we may insert links to third parties on the Website. This privacy policy does not apply to such third party websites. These links take you outside our Website and are beyond our control. This includes links from partners that may use our logos as part of a co-branding agreement. The sites those links can take you to have their own separate privacy policy and although we seek to protect the integrity of our Website, We are not liable for the content and activities of those sites. Your visits and access to such websites is at your own risk. Please note that those other sites may send their own cookies to users, collect data, or solicit personal information.

(e) Aggregate Data Disclosure. We may disclose information that is not personal information that is de-identified and/or aggregated) at our discretion.

10. COLLECTION AND TRACKING TOOLS (COOKIES)

(a) A cookie is a small string of information that the website you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity on the Website and that information helps us to understand your preferences and improve your experience. You can turn off all cookies, in case you prefer not to receive them. You can also have your computer warn you whenever cookies are being used. For both options you have to adjust your browser settings (such as Chrome, Mozilla, Firefox, or Internet Explorer). There are also software products available that can manage cookies for you. Please be aware, however, that when you choose to reject cookies, this choice may limit the functionality of the Website and you may lose access to some of its features.

11. DELETING OR MODIFYING PERSONAL INFORMATION AND OPT-OUT

(a) If you wish to delete or correct your personally identifiable information obtained through the Website, you may:

(i) Send a written request to the following: info@imagingadvantage.com

(b) Please note, however, that we reserve the right to retain information to comply with law, prevent fraud, resolve disputes, enforce this policy and the Terms of Use and taking other actions permitted by law.

(c) Your Opt-Out Right. As indicated in Sections 7 and 9 above, we may use the information you provide to send you with information and materials that we think may be of interest to you. If you do not wish to receive any further information or materials from us, such as e-mails or newsletters, you have the right to opt out of such disclosure and additional use of such information. To opt out from receiving such information or materials, you must check the appropriate box provided at the time you are requested to provide personal information. If, at a later time, you wish to change your preference, you may do so by contacting us at the contact information indicated in Section 11(a) above.

12. NOTICE TO CALIFORNIA RESIDENTS - CALIFORNIA PRIVACY RIGHTS

(a) If you are a California resident and have provided us with personally identifiable information, California law gives you the right to request and receive from us, once per calendar year, information as to how we have shared your personally identifiable information with third parties for their direct marketing purposes. If applicable, such information would include a list of names and addresses of all third parties with whom such information was shared during the prior calendar year as well as a list of the categories of personally identifiable information shared. To make such a request, please send an email to legal@imagingadvantage.com and include the phrase “California Privacy Request” in the subject line. Your request must also include your name, physical mailing address and email address. We will respond to you within thirty (30) days of receiving such a request.

(b) Note, that we will not share your personally identifiable information with third parties for their marketing purposes without obtaining your prior consent. Moreover, if you have granted us permission, such third parties’ use of your personally identifiable information will be subject to their privacy policies. You should contact those entities directly regarding any communications you may receive from them, including, if you later decide that you no longer want that third party to use your personal information.

13. PUBLIC INFORMATION

(a) We may make chat rooms, forums, message boards, and news groups available to you. Please understand that any information that is disclosed in these areas becomes public information. We have no control over and do not monitor its use and you should exercise caution when deciding to disclose your personal information.

14. QUESTIONS OR COMMENTS

(a) If you have any general questions regarding our Website or the services we offer please email us at info@imagingadvantage.com

(b) If you have any questions or comments relating to this privacy policy, send an e-mail to legal@imagingadvantage.com or write Imaging Advantage, Attn: General Counsel’s Office, 3805 East Bell Road, Suite 5500, Phoenix, Arizona 85032.