M*Modal and its affiliates respect the privacy and values the confidence of its customers, employees, and business partners, and strives at all times to comply with the laws of the counties in which it does business, including those counties in which it collects Sensitive Personal Data and other Personal Data (as those terms are defined below). This Safe Harbor Statement (the “Safe Harbor Statement”) sets forth the privacy principles M*Modal follows with respect to transfers of personal information from the European Economic Area (EEA) (which includes the twenty-seven member states of the European Union (EU) plus Iceland, Liechtenstein and Norway) to the United States. It applies to all Personal Data collected and or received by M*Modal in the EEA, which is subsequently transferred to the United States.
Definitions
“Agent” means any third party that collects or uses personal information under the instructions of, and solely for, M*Modal or to which M*Modal discloses personal information for use on M*Modal’s behalf.
“M*Modal” means M*Modal, its predecessors, successors, subsidiaries, divisions, groups and other affiliates in the United States.
“Personal Data” means any information that identifies or describes an identified or identifiable living natural person. “Personal Data” may include, for example, name, signature, employee identification number, social security number, telephone number, insurance policy number, job title, financial information, account numbers, or any other information that is capable of being associated with a particular identifiable individual. Personal Data does not include aggregate data that is not individually identifiable.
“Sensitive Personal Data” is a subset of Personal Data, and includes information pertaining to an individual’s racial or ethnic origin, political or religious beliefs or information related to an individual’s health or sex life.
Safe Harbor Principles
The privacy principles in this Safe Harbor Privacy Statement have been developed based on the following Safe Harbor principles.
Notice: Most of the Personal Data that M*Modal holds is not collected directly from individuals (“data subjects”) but is received from M*Modal customers who engage M*Modal (either directly or through a third party) to process Personal Data on the customer’s behalf. M*Modal does collect some Personal Data directly, including data related to M*Modal employees and investors and individuals who have made inquiries about using M*Modal’s products or services. Where Personal Data is supplied to M*Modal from a customer, that customer is responsible for ensuring that data subjects are notified about the identity of the data controller or its representative, the purpose(s) for which it is collecting, processing and maintaining the data, and any further information that may be required by the circumstances under which the data are collected. M*Modal will only share Personal Data with third parties in the manner that is described in this Safe Harbor Privacy Statement. M*Modal will not sell Personal Data to third parties.
Choice: In the event that Personal Data are to be used for a new purpose incompatible with the purposes for which the data were originally collected by M*Modal customers or subsequently authorized or transferred to the control of a third party that is not acting as an Agent of M*Modal, M*Modal’s customers will be given notice of such use so that such customers can provide notice to data subjects and, where feasible and appropriate, an opportunity to decline to have their data so used or transferred. Sensitive Personal Data will not be used by M*Modal for a new purpose or transferred to the control of a third party not acting as an Agent of M*Modal, unless such new use or transfer is (1) in the vital interests of the data subject or another person; (2) necessary for the establishment of M*Modal’s legal claims or defenses or to comply with the law, such as to comply with a subpoena; (3) required to provide medical care or diagnosis; (4) necessary to carry out M*Modal’s obligations in the field of employment law; (5) related to data that are manifestly made public by the data subject; or (6) in the event M*Modal sells or buy assets in the course of its business and it is necessary to transfer such data to: (i) a parent or subsidiary; (ii) an acquirer of assets; or (iii) a successor by merger.
Onward Transfers: M*Modal does not typically transfer Personal Data to third parties, but may, on occasion, rely on third parties for various services. In such cases, M*Modal will only transfer Personal Data to a Agent, such as a service provider, vendor or other third party acting as a processor of Personal Data for M*Modal where such Agent has provided assurances that it provides at least the same level of privacy protection as is required by this Safe Harbor Privacy Statement. Where M*Modal has knowledge that one of its Agents is using or sharing Personal Data in a way that is contrary to this Safe Harbor Privacy Statement, M*Modal will take reasonable and appropriate steps to prevent or stop such processing.
Security: M*Modal takes reasonable and appropriate precautions to protect Personal Data in its possession and control from loss, misuse, alteration, destruction, or unauthorized access or disclosure. The Internet is, however, inherently insecure and even the best precautions and systems cannot guarantee the security of data.
Access: Although M*Modal receives, handles and in some cases, stores Personal Data, M*Modal’s customers are typically the custodians of the permanent copies of such Personal Data and the permanent official copies of dictation audio are managed by M*Modal’s customers. In the case of health records, all requests by data subjects for access to such records should be directed to the relevant M*Modal customer to ensure that the data subject receives access to his or her official, final health record.
Data Retention: M*Modal will retain Personal Data for as long as necessary to deliver services to the relevant M*Modal customer, in addition to retaining and using Personal Data as is necessary to comply with M*Modal’s legal obligations, to resolve customer disputes, and to enforce M*Modal’s agreements with its customers.
Data Integrity: M*Modal’s customers are responsible for ensuring that any Personal Data collected are accurate, complete, current and reliable for the intended use. Draft medical reports generated by M*Modal for its customers may not be considered reliable, accurate, or complete until subsequently reviewed, edited (as necessary), and approved by a healthcare provider, which approval process occurs outside the M*Modal system.
Enforcement: M*Modal has put in place mechanisms to verify its ongoing compliance with this Safe Harbor Privacy Statement. Any M*Modal employee found to have violated the privacy principles in this Safe Harbor Privacy Statement will be subject to appropriate corrective actions.
Dispute Resolution: M*Modal is committed to resolving any disputes that may arise by internal investigation and resolution of the issue. Should M*Modal’s efforts to resolve an issue be unsuccessful, M*Modal will facilitate the resolution of such disputes including through the submission of disputes to an independent third party.
Links to Other Websites: This website includes links to other websites whose privacy practices may differ from those of M*Modal. If you submit personal information to any of those websites, your information is governed by the privacy statements of those websites. M*Modal encourages you to carefully read the privacy statement of any website you visit.
Cookies: M*Modal may use cookies to keep track of preferences and profile information. Cookies are also used to collect general usage and volume statistical information that does not include Personal Data.
Any questions, comments or complaints about the data practices (including without limitation compliance with data privacy principles of notice, choice, onward transfer, access, security, data integrity, or enforcement) of an M*Modal customer for whom M*Modal processes data should be addressed to that customer.
Limitation on Scope of Principles
Adherence by M*Modal to these privacy principles may be limited to the extent necessary to meet M*Modal’s regulatory, legal, governmental, or national security obligations.
How to Contact Us
Please contact us with any questions concerning this Safe Harbor Privacy Statement or any of M*Modal’s privacy practices at:
M*Modal
9009 Carothers Parkway, Suite C-2
Franklin, TN 37067
Phone: 615-798-6000
Fax: 866-796-5127
Changes to this Privacy Statement
This privacy statement may be amended consistent with the requirements of the U.S-EU Safe Harbor Framework. M*Modal may update this privacy statement to reflect changes to its data privacy practices. M*Modal encourages you to periodically review this page for the latest information on its privacy practices.
Last Updated: January 24, 2012
