Privacy Policy

MModal LLC and its direct and indirect subsidiaries, and such entities’ predecessors, successors, divisions, and groups (hereinafter “M*Modal”) respects 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 countries in which it does business, including those countries in which it collects Sensitive Personal Health Data and other Personal Data.  This Privacy Policy describes how M*Modal collects and uses the personal data you provide on our Website:  https://mmodal.com.

This Privacy Policy covers the following:

  • Who we are
  • What information we collect
  • How we use your information
  • Who may use your information
  • Third party links and services
  • How we protect your information
  • Where your information is processed
  • Marketing Communications
  • How long we keep your information
  • Compliance with HIPAA and ISO 27001:2013
  • Your rights
  • How you can contact us

This Privacy Policy applies to all of the personal data we collect about you, including information collected on our website and systems and any other websites (including mobile access) where this policy is linked to; all of which are referred to as the “Site” in this policy.

By providing information to us, you expressly agree to this Privacy Policy.  This Privacy Policy was last updated on May 21, 2018 and applies from that date.

We may occasionally amend this Privacy Policy.  Any new policy will automatically be effective when it is published on the Site.  You should therefore return here regularly to view our most up to date Privacy Policy.  You should also print a copy for your records.

We do not knowingly collect or process data from anyone under the age of thirteen (13) years old.

Who are we?

The Site is owned and operated by M*Modal.  MModal LLC is organized in the State of Delaware, United States, with a principal office at 5000 Meridian Blvd., Suite 200, Franklin, TN  37067.  Certain affiliated subsidiaries of MModal LLC include but are not limited to the following:  MModal Services, Ltd., a New Jersey corporation, with a principal office at 5000 Meridian Blvd., Suite 200, Franklin, TN  37067; MModal Canada Company, a corporation registered in Nova Scotia, with a principal office at 7501 Keele Street, Suite 305, Concord, Ontario  L4K 1Y2; MModal Limited, a company incorporated as a private limited by shares entity in England and Wales, with a principal office at Merebrook Business Park, Hanley Road, Malvern, WR13 6NP; MModal Australia Private Ltd., a Victoria registered company limited by shares; and MModal Global Services Private Ltd., a corporation registered in Maharashtra, Mumbai, with a principal office at 3rd Floor, Building No. 3, Mindspace-Airoli, Plot No. 3 (Part), Kalwa TTC Industrial Area, MIDC, Thane Belapur Road, Airoli, Navi Mumbai, Maharashtra – 400708.  We refer to MModal LLC, together with its group companies, as “M*Modal”, “we”, “us” or “our” in this Privacy Policy.

What information do we collect?

Most of the personal data that M*Modal holds is not collected directly from individuals 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 the individuals whose personal data it is are notified about the identity of the data controller or its representatives, the purposes 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.  Any questions, comments or concerns about the data practices of an M*Modal customer for whom M*Modal processes data should be addressed to that customer.

M*Modal also collects personal data that you provide to us on our Site, which may include:

  • Contact information – [name, job title, company name, department, email address, physical mailing address and telephone number];
  • Professional information – [such as your employment background, job description and related information];
  • Transaction information – [your contact information, the products you are interested in, your purchasing requirements, your financial information including credit card or other payment information];
  • Responses to surveys – [information you provide in responding to a survey on the website, via an app or email, on the telephone or otherwise];

We also collect information through means such as cookies – for more on this please see the next section below on how we use your information.  We collect personal data from you only when you voluntarily provide it to us.  You may withdraw your consent to us using your personal data at any time.  Finally, we may use publicly accessible information to verify information we are provided with and to manage and expand our business.

How do we use your information?

We use information collected about you as outlined in this Privacy Policy.

General

Our primary purpose in collecting your personal data is to provide you with the services you requested and those which we believe will optimize your use of the Site.  We may use your personal data for the following purposes:

  • To contact you with additional information about M*Modal’s product offerings;
  • To provide the information, services or support you request and related after-sales services;
  • To identify you, and to contact you from time to time with product or service updates;
  • To send other messages that are useful to the service we provide;
  • To manage our relationship with you and to carry out any related administration;
  • To promote our services, or the services of our partners, including by email and via social media platforms;
  • To compare information for accuracy, and verify it with third parties;
  • To detect, investigate and prevent activity we think may be potentially illegal, unlawful or harmful and to enforce our Privacy Policy and/or our Terms or any other purpose referenced herein or therein; and
  • To carry out research, including market research, statistical research on Site traffic, sales and other commercial information to assist us in improving the services we provide to you and tailor the Site.

Social Media

Our Site includes social media features, such as the Facebook “Like” button and widgets, such as the “Share this” button or interactive mini-programs that run on our Site.  These Features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the feature to function properly.  Your IP address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider.  This number is identified and logged automatically whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited.  Social media features and widgets are either hosted by a third party or hosted directly on our Site.  Your interactions with these features are governed by the Privacy Policy of the company providing the feature.

Cookies


These technologies are used in analyzing trends, administering the Site, tracking users’ movements around the Site and to gather demographic information about our user base as a whole.  We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

As is true of most websites, we gather certain information automatically and store it in log files.  This information includes IP addresses, browser type, internet service provider, referring/exit pages, operating system, date/time stamp, and clickstream data.  We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole.  We do not link this automatically-collected data to personal data.

Third parties with whom we partner to provide certain features on our Site or to display advertising based upon your web browsing activity use LSOs such as HTML 5 to collect and store information.  Various browsers may offer their own management tools for removing HTML5 LSOs.

We partner with a third party ad network to either display advertising on our Site or to manage our advertising on other sites.  Our ad network partner uses cookies and web beacons to collect non-personal data about your activities on this and other websites to provide you targeted advertising based upon your interests.  If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by sending notification to privacy@mmodal.com.  Please note this does not opt you out of being served advertising.  You will continue to receive generic ads.

We may provide your personal data to companies that provide services to help us with our business activities such as offering customer service (Live Chat).  These companies are authorized to use your personal data only as necessary to provide these services to us.

Cookie consent

In most cases we will need your consent in order to use cookies on this website.  Exceptions to this apply such as where the cookie is essential in order for us to provide you with a service you have requested (e.g. to enable you to put items in your shopping basket and use our check-out process).  If you visit our website when your browser is set to accept cookies, we will interpret this as an indication that you consent to our use of cookies and other similar technologies as described in this policy. If you change your mind in the future about letting us use cookies, you can modify the settings of your browser to reject cookies or disable cookies completely.  If you do this, please be aware that you may lose some of the functionality of this website.  For further information about cookies and how to disable them please go for example to the UK Information Commissioner’s webpage on cookies: https://ico.org.uk/for-the-public/online/cookies/.

Applying to work with us

If you apply to work with us, we will use the information you supply to process your application and to monitor recruitment statistics.  As a global business we may transfer your details outside of your home country and to other companies in our group.  We will ask you to sign up to additional privacy terms if you apply for a job with us.  Once a person has taken up employment with us, we will compile a file relating to their employment.  At that stage we will give more details about how we hold employee data and we will expect the employee to sign up to additional privacy terms as part of their employment.

If you apply to work with us through a third party, such as a recruitment consultant, please also check their privacy policy before proceeding.  We do not encourage unsolicited approaches either directly or from third parties – please do not send personal data to us unless the data subject has read and agrees to this privacy policy.

We may retain details of candidates who may be of interest to us, either now or in the future, for up to one year.  If you would not like us to do that please let us know.  Additionally, if your circumstances change – for example you no longer wish to be considered by us for employment – please let us know that too.

We may use third parties to consider potential hires.  For example, we may use UltiPro to help us manage the recruitment process.  UltiPro is provided by The Ultimate Software Group, Inc. and you can see their privacy policy at https://www.ultimatesoftware.com/Privacy-Policy.  We also use mttest to test some candidates prior to considering an application.  Mttest is provided by Career Step, LLC and you can find out more about their privacy policy here https://www.careerstep.com/privacy-policy.  We may also verify details in your application and make what we consider to be reasonable and necessary background checks about you.  These background checks may require a 3rd party to contact you and obtain information.

Who may use your information?

We may disclose your personal data to enforce our policies, to comply with our legal obligations or in the interests of security, public interest or law enforcement in any country where we have entities or affiliates.  For example, we may respond to a request by a law enforcement agency or regulatory or governmental authority.  We may also disclose data in connection with actual or proposed litigation, or to protect our property, security, people and other rights or interests.

We share your information with third parties who help deliver our products and services to you.  Examples include hosting our web servers, analyzing data, providing marketing assistance, and providing customer service.  These companies will have access to your personal information as necessary to perform their functions, but they may not use that data for any other purpose.

We may also share your personal data:

  • With companies in our group and/or our affiliates; or
  • With any third party you have asked us to share your personal data with – such as Facebook or any other social media site if you have asked us to connect with your account.

You may have accessed our website through a hyperlink from the website of one of our trading partners.  If so, you consent to your personal details and purchase information, including behavioural patterns, being shared with that trading partner in accordance with our contractual relationship with them.

If we or any part of our group is sold, or some of its assets transferred to a third party, your personal information, as a valuable asset, may also be transferred to the acquirer, even if they are not in the same line of business as us.  Our customer database could be sold separately from the rest of the business, in whole or in a number of parts.  Potential purchasers and their advisors may have limited access to data as part of the sale process.  However, use of your personal information will remain subject to this Privacy Policy.

Similarly, your personal information may be passed on to a successor in interest in the unlikely event of a liquidation, bankruptcy or administration.

Please remember that when you share information publicly on the Site, for example a comment on a blog post, it may be indexable by search engines, including Google, which may mean that the information is made public.

Third party links and services

The Site may contain links to third parties’ websites.  We are not responsible for the privacy practices or the content of those websites.  Therefore, please read carefully any privacy policies on those links or websites before either agreeing to their terms or using those websites.

We may also use Google Analytics to gather statistics on site usage.  This may involve the use of cookies.  We have explained about cookies above – however, you should also look at Google’s own privacy policy for details of their data collection practices.  Google may aggregate data they collect from their various services including Google Analytics, Google Translate, Google Maps and YouTube.  You acknowledge and accept that we have no control over Google’s data collection.

If you have asked us to share data with third party websites (such as social media sites), their servers may not be secure.

Note that, despite the measures taken by us and the third parties we engage, the internet is not secure.  As a result, others may nevertheless unlawfully intercept or access private transmissions or data.

How Do We Protect Your Information?

We take what we consider to be appropriate technical and organisational measures to guard against unauthorised or unlawful processing of your personal data and against accidental loss or destruction of, or damage to, your personal data.  While no system is completely secure, we believe the measures implemented by the Site reduce our vulnerability to security problems to a level appropriate to the type of data involved.  We have security measures in place to protect our user database and access to this database is restricted internally.  However, it remains your responsibility:

  • Where you have a user account for the Site:

o To log off or exit from the Site when not using it;

o  To ensure no-one else uses the Site while your device is logged on to the Site (including by logging on to your device through a mobile, Wi-Fi or shared access connection you are using);

o To keep your password or other access information secret.  Your password and log in details are personal to you and should not be given to anyone else or used to provide shared access for example over a network.  You should use a password which is unique to your use of the Site – do not use the same password as you use for another website or email account; and,

  • To maintain good internet security. For example if your email account or Facebook account is compromised this could allow access to your account with us if you have given us those details and/or permitted access through those accounts.  If your email account is compromised it could be used to ask us to reset a password and gain access to your account with us.  You should keep all of your account details secure.  If you think that any of your accounts have been compromised you should change your account credentials with us, and in particular make sure any compromised account does not allow access to your account with us.  You should also tell us as soon as you can so that we can try to help you keep your account secure and if necessary warn anyone else who could be affected.

Where is your information processed?

M*Modal does not sell, distribute or otherwise transfer Personal Data to third parties, except that M*Modal may, on occasion, rely on third parties for information technology and data center management purposes, assistance with maintenance and support of computing infrastructure, and to provide additional data processing, storage, or remote recognition resources or systems.  In such cases, M*Modal will only transfer Personal Data to an 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 material level of privacy protection as is required by this Privacy Policy.  Where M*Modal has knowledge that one of its agents is using or sharing Personal Data in a way that is contrary to this Privacy Policy, M*Modal will take reasonable and appropriate steps to prevent or stop such processing.

We may need to transfer your personal data to the United States, Canada, India, Australia, and/or the United Kingdom, all of which may be located outside the European Economic Area, for the purpose of servicing, implementing, supporting, and maintaining M*Modal supplied products and services; for management and administration functions; and to comply with M*Modal’s legal obligations.  To the extent applicable, any transfer of your data will be subject to a European Commission approved contract that will safeguard your privacy rights and give you remedies in the unlikely event of a security breach.

Marketing communications

If you have given permission, we may share your personal data with organisations who are our business partners and we or they may contact you (unless you have asked us or them not to do so) by mail, telephone, SMS, text/picture/video message, fax, email, other about products, services, promotions, and special offers that may be of interest to you.  If you prefer not to receive any further direct marketing communications from us or our business partners, you can opt out at any time. See further ‘Your rights’, below.

How long do we keep your information?

We will retain your personal data only as long as is necessary for the purposes set out in this Privacy Policy, 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, after which we will delete it.

Compliance with HIPAA and ISO 27001:2013

M*Modal provides technical controls and safeguards that support its customers’ compliance policies and procedures.  Although compliance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) is the responsibility of every healthcare organization, M*Modal is dedicated to ensuring that its products and services make it easier for them to reach that goal.

M*Modal has also established a corporate HIPAA Privacy Officer to facilitate and manage the privacy needs of its customers, and a Chief Information Officer and Chief Information Security Officer to protect the security of customer and internal data.  These roles include the following responsibilities:

  • Implement corporate privacy and security policies, and ensure effective corporate-wide privacy and security awareness;
  • Validate that current operational and technical business practices ensure the privacy and security of protected health information;
  • Develop, implement and monitor a privacy and security awareness, education and training program, as well as a compliance program;
  • Assist our customers in the ongoing process of negotiating and finalizing the required Business Associate Agreements.

Other

M*Modal has put in place mechanisms to verify its ongoing compliance with this Privacy Policy.  Any M*Modal employee found to have violated the privacy principles in this Privacy Policy will be subject to appropriate corrective actions.

If you choose to use our referral service to tell a friend about employment opportunities with M*Modal, we will ask you for your friend’s name, email address and contact number.  We will send your friend an email or call him or her, inviting him or her to visit the site or otherwise gauging his or her interest in one or more open positions.  M*Modal stores this information for the sole purpose of contacting your friend and tracking the success of our referral program.  Your friend may contact us at privacy@mmodal.com to request that we remove this information from our database.

We post customer testimonials, comments and reviews on our Site which may contain personal data.  We obtain the customer’s consent via email to post such customer’s name along with the testimonial, prior to posting the testimonial.  If you wish to update or delete your testimonial, you can contact us at privacy@mmodal.com.

Our Site offers publicly accessible blogs or community forums.  You should be aware that any information you provide in these areas may be read, collected, and used by others who access them.  To request removal of your personal information from our blog or community forum, contact us at privacy@mmodal.com.  In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

Your rights

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 individuals concerned for access to such records, such as to correct, update or delete it, should be directed to the relevant M*Modal customer to ensure that the individuals concerned receives access to his or her official, final health record.  In the event that the relevant M*Modal customer does not respond to your request in a reasonably adequate or timely manner, please contact us at privacy@mmodal.com and we will escalate your request with such M*Modal customer.  In such cases, we will respond to your request within 30 days.

As explained above, you have the right to opt-out of receiving communications from us.  In addition, to the extent permitted by the laws of your country, you may have the right to object to the processing of your personal data for direct marketing purposes.  If your objection is not to direct marketing in general, but to direct marketing by a particular channel e.g. email or telephone, please specify the channel you are objecting to.

Further, to the extent permitted by the laws of your country, you may also have the right to access, correct, delete, restrict, be forgotten, or object to processing of, or request data portability of the personal data collected about you subject to some conditions and exceptions.  You can find out more about these rights in the EU by reading the General Data Protection Regulation here: http://www.eugdpr.org/the-regulation.html.

To the extent permitted by the laws of your country, you also have the right to lodge a complaint with a data protection regulator.

If you wish to inquire about any of this then please direct your queries to privacy@mmodal.com.

How to contact us?

If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Site, we encourage you to contact us at:

M*Modal
5000 Meridian Boulevard
Suite 200
Franklin, TN  37067
USA
Phone: +1 615-798-6000
Fax: +1 866-796-5127
privacy@mmodal.com

Related Legislation

The legislation below is not part of the policy but is provided by way of background as (non-exhaustive) source legislation for the use of the MModal legal team.  If any of these laws are changed, replaced or amended we would recommend that the policy is reviewed.

Data Protection Act 1998 (UK) – the UK Data Protection Bill 2017 has been introduced to replace the Act with new legislation (to implement the GDPR)

General Data Protection Regulation (EU)