Privacy Policy
Last Updated 11/08/2023
This Privacy Policy (“Policy”) describes the information collected by or on behalf of Diall, Inc. (“Diall,” “we,” “us,” or “our”) through our mobile app (“App”), website (“Website”) and software platform (“Platform”), whether accessed via the App or Website, and how the information is used, protected and shared. If you have questions or concerns about this Policy, please contact us as set forth below.
We may modify this Policy at any time. All changes will be effective immediately upon posting to the Platform, App, or Website. Material changes will be conspicuously posted or otherwise communicated to you.
In using certain components of the App, Website and Platform, you may provide or receive certain health information. Diall is not a “covered entity” under the Health Insurance Portability and Accountability Act (“HIPAA”). Your provider may be a “covered entity” under HIPAA. It is important to note that HIPAA does not necessarily apply to an entity or person simply because there is health information involved, and HIPAA may not apply to your transactions or communications with Diall or your provider. To the extent Diall is deemed a “business associate” under HIPAA however, and solely in its role as a business associate, Diall may be subject to certain provisions of HIPAA with respect to “protected health information” under HIPAA that you provide to Diall or your provider (“PHI”). Any Business Associate Agreement between Diall and your provider governs the use and disclosure of PHI by Diall. Any information that does not constitute PHI under HIPAA may be used or disclosed by Diall in any manner permitted under this Policy. If subject to HIPAA, your provider should have a Notice of Privacy Practices that describes how your provider may use and disclose your PHI. If you have any questions, please refer to your provider for further information.
We may collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household (“Personal Information”) about you when you use our Platform, App, Website, or otherwise interact with us. You can visit the Website and download our App without registering for an account. However, additional Personal Information and an account registration is required to use certain services via the Platform, for example, to create an account, book appointments, contact us via email or phone (where we may retain your message’s content and our response), receive or request data from us (e.g., newsletters), and respond to communications from us (e.g., surveys and promotional offers). In such circumstances, we may be unable to provide you with our services unless you provide your Personal Information.
Information You Provide to Us
If you elect to provide Personal Information , we will collect, use, and share such Personal Information pursuant to this Policy and applicable law. This may occur in the following ways:
Provider Accounts and Registration. If you are a provider, you must provide us certain Personal Information to create an account, such as your payment information, full name, credentials, insurance status, state(s) of licensure, years of experience, area of expertise, and contact information such as phone number and email address.
Client Accounts and Registration. If you are a client, and have received an invitation from your provider to register with the Platform, we have received your cell phone number and contact information from your provider and you may be required to provide us certain Personal Information to verify and authenticate your access to the Platform, including your name and phone number. You may additionally provide optional information such as your email address.
Order & Payment Data. When you make a payment online, such as signing up for an account or paying your provider, we will require your payment information. If we accept payment by credit or debit card, we will use a PCI-compliant payment processor, such as Stripe, Inc., to help us facilitate payment and will have provisions via contract to help ensure they protect and limit the use of your Personal Information. We do not directly receive your credit card, debit card or other financial information when you make a payment. However, Diall does receive information about your purchase and your contact information (e.g., name, email address, mailing address, phone number). Diall will keep a record of your transactions. Your payment and billing information will be collected and used by our payment processor, including your bank account or, in the case of credit card payments, credit card number, expiration, three-digit security code and billing zip code. The payment processor will share your transaction information with us so that we can track payment status but will not provide us your card or banking information. The payment processor may retain your payment information in encrypted form on its servers. Information on Stripe’s privacy policies can be found at https://stripe.com/us/privacy.
Newsletter. If you opt-in to receive our newsletter, you must submit your name, email address, and phone number. We use this data to send you our newsletter, as well as other promotional and other electronic communications.
Feedback. When you provide comments or feedback about our Platform, App, Website, or the content on the Platform, App, Website, or our services ("Feedback"), we will not treat that Feedback as confidential, and we may use that Feedback for any purpose in our sole discretion so long as it does not personally identify you. Feedback will be used without attribution or compensation to you.
Data Automatically Collected
We may use automated technologies to collect information from your computer system or mobile device when you use our services. This may include the following:
Account Activity. We may collect data about how you use (i) your online account, and (ii) the Platform when you are logged into your account. We may combine data automatically collected from you with other Personal Information about you.
Cookies & Other Tracking Technologies. We may use cookies, web beacons, pixel tags and other tracking technologies (collectively "Cookies") on our Website. A cookie is a small text file that our Website saves onto your computer or device when you use the Website that provides us certain information about your activities. Cookies allow the Website to remember your actions and preferences and recognize you or your browser, along with some information you provided. Web beacons / pixel tags are small graphics on a webpage that monitor your activity when viewing a webpage. A Cookie can either be a “session” Cookie or a “persistent” Cookie. Session Cookies exist only for so long as you are visiting the applicable website and are typically deleted when you exit your web browser. Persistent Cookies exist for a set period of time, for example, up to several months or years. Each time you visit a website that has implemented a persistent Cookie, the persistent Cookie is renewed, and that Cookie will remain active until its predetermined expiration date. You can manually delete persistent Cookies through your browser settings.
Cookies may either be “first-party” or “third-party” Cookies. A first-party Cookie allows your web browser to talk to the actual website that you are visiting (i.e., this Website). A third-party Cookie allows your web browser to talk to a third-party website, such as the source of an ad that appears on the website you are visiting or a third-party analytics provider. We may not have control over how a third-party uses information collected through third-party Cookies. Most browsers automatically accept Cookies. You can disable this function by changing your browser settings but disabling cookies may impact your use and enjoyment of the Website. Not all features or functions of the Website may work properly if you disable Cookies. You cannot disable all Cookies, such as Cookies that are essential to the functioning of the Website.
The Cookies on our Website may collect information such as:
- IP addresses assigned to the computers and other devices you use;
- your internet service provider;
- device ID number;
- approximate geographic location;
- browser type;
- Website pages visited;
- websites you access before and after visiting the Website, and
- data related to how and when you use the Website.
California's "Do-Not-Track" Requirement. We currently do not honor “do not track” requests.
Data from Other Sources
If you are an individual client, we obtain Personal Information about you from your provider. In addition, if you are a provider, we may collect information about you and your practice from various third-party companies and public sources, and we may combine that data with other Personal Information. This enhances our existing data about our providers, improves our ability to contact you, and enhances our marketing capabilities.
We use Personal Information that we collect for the following purposes as well as those purposes that are reasonably related to the below:
As Stated or Agreed to at the Point of Collection. We may use Personal Information for the purposes stated or agreed-to (or as is obvious) at the point of collection. For example, we use Personal Information to respond to your communications or send you newsletters as you may request. We may also use Personal Information as requested or consented to by you.
Administration. We use Personal Information for administrative purposes, such as managing accounts, facilitating transactions, to inform our business strategies, and to understand demographics and user preferences.
Text Messages. Invitations to a client to access the Platform are communicated via the Platform via SMS messaging. Additional text messaging services may be available to providers and clients via the Platform. Standard message and data rates may apply to all text messages sent to or via the Platform. Diall is not responsible for any SMS messaging or wireless charges incurred by any provider or client use or receipt of SMS messages via the Platform. Neither Diall nor the wireless carriers (such as Verizon or T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any text messages.
Marketing Communications. We use your contact information to send you marketing information and contact you via mail, phone, or otherwise. In addition, we use your contact information to send you our newsletter if you subscribe to our newsletter. We may use third-parties or service providers to deliver communications to you. You may opt-out of such marketing emails by using the unsubscribe link in the email. To opt-out of other communications, please contact us as set forth below. Opting out of marketing communications does not opt you out of non-marketing communications, such as emails about your account or transactions.
Management. We use Personal Information for Platform, App, and Website management, such as troubleshooting problems, improving content and functionality, conducting statistical and other analyses, and to customize the Platform, App, and Website to you .
Business Analytics. We use Personal Information for business analytics purposes, including consumer and operations research, to assess the effectiveness of our sales, online services, marketing, and advertising, and to analyze market trends and (future) customer demand.
Advertising and Communications. We may use Personal Information to send you promotions, to notify you of new services, products, or programs, to notify you of new features, to notify you of changes to our Terms or this Policy, and for other similar communications.
To Protect Our Rights. We may use Personal Information to protect our legal rights or interests, or those of other parties, including to bring a legal action against you or anyone who may be causing harm to us, our Platform, App, or Website, or to other users of the Platform, App, or Website. We may also use Personal Information to seek business, financial or legal advice, and to respond to other legal requests.
How We Use Data Collected by Automatic Technologies.
We use Cookies to: (i) make our Platform and Website function properly; (ii) provide personalized experiences; (iii) tailor our interactions with you; (iv) help with our marketing efforts; (v) provide us with valuable data and statistics about the usage and effectiveness of our Platform and Website and to help us improve our Platform and Website; and (vi) help us improve our services.
Google Analytics. We use Google Analytics to collect and process information about your use of the Website. Google sets cookies on your browser or device, and then your web browser will automatically send information to Google. Google uses this information to provide us with reports that we use to better understand and measure how users interact with our Website. To learn more about how Google uses data, visit Google's Privacy Policy and Google’s page on "How Google uses data when you use our partners' Websites or apps." You may download the Google Analytics Opt-out Browser Add-on for each web browser you use, but this does not prevent the use of other analytics tools. To learn more about Google Analytics cookies, visit Google Analytics Cookie Usage on Websites.
We will keep Personal Information for the period necessary to fulfill the purposes described in this Policy, unless a longer retention period is permitted or required by law.
We do not sell, rent or lease Personal Information to any third party. We may share Personal Information with the following categories of parties, in compliance with applicable laws:
Employees and Affiliates. We may disclose Personal Information with our employees and affiliates who have a need to know the information for our business purposes.
Third Parties and/or Service Providers. We may disclose Personal Information with third parties and/or service providers that provide services for us. For example, we may disclose Personal Information with vendors to help us host and manage the Platform, App, and Website; provide marketing; improve the content and functionality of the Platform, App, and Website; perform data analysis and statistical analysis; troubleshoot problems with the Platform, App, and Website; provide payment processing services and online storefronts; and support or provide the security of the Platform, App, and Website.
Government Officials / Law Enforcement. We will cooperate with law enforcement and other governmental agencies, and may disclose Personal Information: (i) if we believe in good faith we are legally required to disclose that Personal Information, (ii) if we are advised to disclose Personal Information by our legal counsel, or (iii) when necessary to identify, contact or bring a legal action against someone who may cause or be causing harm to, or interfering with the legal rights of, Diall or any other party.
Professional Advisors. We may disclose Personal Information with our professional advisors, such as our attorneys, accountants, financial advisors and business advisors, in their capacity as advisors to Diall.
Change in Ownership. In the event Diall is the subject of a change of control or in the event the Platform, App, or Website changes ownership, in whole or in part, or in the event of a bankruptcy, receivership or a similar transaction, we may provide Personal Information to the subsequent owner(s).
Other. We may disclose Personal Information with third parties when explicitly requested by or consented to by you, or for the purposes for which you disclosed the Personal Information to us as indicated at the time and point of the disclosure (or as was obvious at the time and point of disclosure).
Diall may collect, use, disclose, transfer and otherwise process de-identified and aggregated information that it receives or creates for any purposes in its sole discretion, in compliance with applicable laws. Diall is the sole and exclusive owner of such de-identified and aggregated information, including if Diall de-identifies Personal Information so that it no longer considered Personal Information under applicable laws.
The Platform, App, and Website are not directed at children under 18 years of age. We do not knowingly collect, sell, use, or disclose Personal Information collected directly from children under 18. If we obtain actual knowledge that any Personal Information we collect has been provided directly by a child under the age of 18, without the involvement of a parent or legal guardian, we will promptly delete that information. If a parent or legal guardian learns that their child provided us with Personal Information without his or her consent, please contact us and we will make commercially reasonable attempts to delete such Personal Information. If you are the parent or legal guardian of a minor using the Platform to receiving services from a provider, please contact your provider directly to obtain information on their policies with respect to children’s data.
We use commercially reasonable technical and organizational measures to help secure Personal Information against loss, misuse, and alteration appropriate to the type of Personal Information processed. You understand that no data transmission over the internet or device can be guaranteed to be 100% secure. While we strive to protect Personal Information, we do not guarantee the security of Personal Information and you provide Personal Information at your own risk.
We are active on social media, including Facebook, YouTube, X, TikTok, Instagram and LinkedIn (“Social Media”). Anything you post on Social Media is public information and will not be treated confidentially. We may post (or re-post) on the Platform, App, Website, and our Social Media pages any comments or content that you post on Social Media pages. Your use of Social Media is governed by the privacy policies and terms of the providers that own and operate those websites and not by this Policy. We encourage you to review those policies and terms.
The App, Website and Platform is only intended for US users. If you access the Website from outside the United States, please be aware that Personal Information may be transferred to, stored in, and processed in the United States. Certain governmental authorities may not consider the level of protection of Personal Information in the United States to be equivalent to that required by the in other jurisdictions.
The App, Platform and Website may link to websites not controlled by us. We are not responsible for third parties’ privacy policies or practices. This Policy does not apply to any third-party websites or to any data that you provide to third parties. You should read the privacy policy for each website that you visit.
Please direct any questions and concerns regarding these Terms to us at:
Diall
legal@diallapp.com
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