1.1. This Privacy Policy (“Privacy Policy”) describes how Eastside Technologies, Inc., an Ohio corporation (“Eastside”) collects, uses, discloses, maintains, and protects information in connection with Respite4Kids. Capitalized terms used but not defined in this Privacy Policy have the meanings given to them in Respite4Kids Terms and Conditions (“T&C”).
1.2. This Privacy Policy applies to information collected through Respite4Kids, including information provided by Caregivers, Providers, and CMHs through their authorized employees. This Privacy Policy does not apply to websites, applications, services, or systems that are not owned or controlled by Eastside, even if they are accessed through or linked from Respite4Kids.
1.3. By registering for, accessing, or using Respite4Kids, you acknowledge that you have read and understood this Privacy Policy. If you do not agree with this Privacy Policy, you may not access or use Respite4Kids.
2.1. “Account Information” means information associated with your Respite4Kids account, including your name, contact information, login credentials, role on Respite4Kids, CMH affiliation, region, profile information, eligibility or authorization status, and other information required to create, maintain, or administer your account.
2.2. “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked with a particular person (including without limitation any Youth) or household, including Account Information, Usage Information, Location Information, Communications Information, Ratings, and Scheduling Information.
2.3. “Usage Information” means information about your access to and use of Respite4Kids, including log data, device information, browser type, operating system, IP address, access times, pages or screens viewed, features used, error reports, and other technical information relating to Respite4Kids performance, security, and administration.
2.4. “Location Information” means geolocation information or other location-related information collected from or through Respite4Kids or your device in connection with registering for an account or for scheduling, verifying, documenting, administering, or auditing Respite Services.
2.5. “Communications Information” means information contained in or relating to communications sent or received through or in connection with Respite4Kids, including emails, text messages, push notifications, telephone records, support requests, notices, and related metadata.
2.6. “Scheduling Information” means information concerning requests for, offers to provide, scheduling of, documentation of, verification of, and completion of Respite Services, including dates, times, locations, status, approvals, confirmations, and related administrative records.
2.7. “PHI” means protected health information as defined under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, as amended from time to time (“HIPAA”).
3.1. Eastside may collect Personal Information that you provide directly to Eastside or through Respite4Kids, including Account Information, profile information, contact information, identity information, eligibility or authorization information, CMH affiliation information, Scheduling Information, Ratings, Communications Information, and information submitted in connection with customer support, account administration, audits, or security.
3.2. Eastside may automatically collect Usage Information when you access or use Respite4Kids. This information may be collected through server logs, device identifiers, cookies, analytics tools, security tools, and similar technologies used to operate, protect, improve, and administer Respite4Kids.
3.3. Eastside may collect Location Information when required for the proper functioning of Respite4Kids, including to facilitate scheduling, verification, documentation, administration, compliance review, payment support, audit support, and reporting relating to Respite Services.
3.4. You agree not to upload PHI to Respite4Kids except to the extent expressly authorized by Eastside in writing and permitted by the applicable CMH and applicable law. Eastside does not intend for Respite4Kids to be used as an electronic health record, clinical record system, or repository for PHI except to the extent necessary for provision of Respite Services.
4.1. Eastside may use Personal Information to provide, operate, maintain, administer, secure, and improve Respite4Kids; create and manage accounts; facilitate scheduling and documentation of Respite Services; support CMHs in verifying, tracking, auditing, and administering Respite Services; communicate with you; provide customer support; enforce the T&C; prevent fraud, misuse, unauthorized access, or unlawful activity; and comply with applicable law, legal process, contractual obligations, and governmental or regulatory requests.
4.2. Eastside may use Usage Information and aggregated, de-identified, or statistical information to monitor Respite4Kids performance, troubleshoot errors, evaluate functionality, improve usability, enhance security, develop or improve Respite4Kids features, and support internal business purposes. Eastside will not attempt to re-identify information that Eastside has maintained as de-identified, except as permitted by applicable law for testing, security, or compliance purposes.
4.3. Eastside will not use information collected through Respite4Kids to provide clinical care, diagnose or treat any condition, make clinical decisions, supervise Providers, direct the manner in which Respite Services are provided, or determine whether any person is eligible to provide or receive Respite Services, except to the limited extent Respite4Kids reflects information provided by a CMH or other authorized source.
5.1. Eastside may disclose Personal Information to CMHs, Caregivers, Providers, ODM and its agents, auditors, contractors, service providers, professional advisors, insurers, governmental authorities, and other third parties as reasonably necessary to:
(a) provide, operate, maintain, administer, secure, support, or improve Respite4Kids; facilitate, document, verify, administer, audit, or report Respite Services;
(b) comply with applicable law or legal process; enforce the T&C;
(c) protect the rights, property, safety, or security of Eastside, users, Youths, CMHs, ODM, or others; or
(d) investigate suspected fraud, misuse, unauthorized access, or unlawful activity.
5.2. Caregiver and Provider profile information, Scheduling Information, Ratings, and related information may be made available to other users on Respite4Kids as necessary or appropriate to facilitate the intended use of Respite4Kids. Ratings are not private, and may be used, displayed, or shared by Eastside as described in the T&C and this Privacy Policy.
5.3. Eastside may disclose Personal Information to vendors, hosting providers, analytics providers, communications providers, security providers, payment-support vendors, and other service providers who assist Eastside in operating Respite4Kids or conducting its business. Eastside expects such service providers to use information only as reasonably necessary to provide services to Eastside and to maintain reasonable safeguards appropriate to the nature of the information.
5.4. Eastside may disclose Personal Information in connection with an actual or proposed merger, acquisition, financing, reorganization, sale of assets, assignment, transfer, bankruptcy, receivership, or similar transaction involving Eastside or Respite4Kids, provided that the recipient is bound by obligations reasonably intended to protect the information.
6.1. Respite4Kids may require Location Information for proper functioning. Location Information is used for basic registration, location, scheduling, verification, documentation, compliance, audit, and administrative purposes only. Eastside does not guarantee the availability, accuracy, completeness, reliability, or timeliness of Location Information, and Location Information is not intended to be relied upon where precise location information is required or where inaccurate, incomplete, or unavailable location information may result in death, personal injury, property damage, or other harm.
6.2. Eastside may contact you by email, telephone, text message, push notification, or other communications method provided through or in connection with Respite4Kids for account, operational, scheduling, support, security, compliance, legal, or administrative purposes. You may opt out of certain non-essential communications when Respite4Kids makes that option available, but Eastside may continue to send communications that are necessary to provide, secure, administer, or support Respite4Kids or your account.
7.1. Eastside uses reasonable administrative, technical, and physical safeguards designed to protect Personal Information against unauthorized access, use, disclosure, alteration, or destruction. No system, network, application, transmission, or storage method is completely secure, and Eastside does not warrant that Respite4Kids or any information transmitted through or stored on Respite4Kids will be secure, uninterrupted, error-free, or free from unauthorized access.
7.2. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree not to share your login credentials, allow unauthorized access to your account, store Respite4Kids information outside Respite4Kids except as expressly permitted by Eastside or the applicable CMH, or use Respite4Kids in a manner that violates the T&C, this Privacy Policy, any applicable CMH requirements, or applicable law.
7.3. You must notify Eastside immediately if you believe your account, login credentials, device, or Personal Information has been lost, stolen, accessed without authorization, or otherwise compromised.
8.1. Eastside may retain Personal Information for as long as reasonably necessary to provide, operate, maintain, administer, secure, support, improve, or audit Respite4Kids; comply with applicable law, legal process, contractual obligations, audit requirements, tax or accounting requirements, recordkeeping obligations, or governmental or regulatory requests; resolve disputes; enforce the T&C; and protect the rights, property, safety, or security of Eastside, users, CMHs, ODM, Youths, or others.
8.2. Eastside may retain aggregated, de-identified, backup, archival, or technical records for legitimate business, security, compliance, and continuity purposes, subject to applicable law and Eastside’s then-current record retention practices.
9.1. You are responsible for keeping your Account Information accurate, complete, and current. Respite4Kids may allow you to access or update certain Account Information directly. If you are unable to access or update information through Respite4Kids, you may contact Eastside or the applicable CMH for assistance, subject to applicable law, applicable CMH requirements, and Eastside’s ability to verify your identity and authority.
9.2. Account closure, deactivation, or termination may not result in deletion of all Personal Information. Eastside may retain information as described in this Privacy Policy and may continue to disclose information as necessary for compliance, audit, legal, recordkeeping, dispute resolution, security, and legitimate business purposes.
10.1. Respite4Kids is intended for use by Caregivers, Providers, CMHs, and authorized employees of CMHs, and is not intended for direct use by Youths or by children under the age of 13. Caregivers, Providers, and CMHs are responsible for ensuring that any information concerning a Youth is submitted, used, and disclosed only as permitted by applicable law, applicable CMH requirements, the T&C, and this Privacy Policy.
10.2. You agree not to submit PHI or unnecessary sensitive information concerning a Youth to Respite4Kids. If you believe that PHI or other information concerning a Youth has been submitted to Respite4Kids in violation of this Privacy Policy or the T&C, you must notify Eastside immediately.
11.1. Eastside intends to comply with privacy, security, breach notification, consumer protection, and confidentiality laws applicable to Eastside and Respite4Kids. Depending on the facts and circumstances, applicable laws may include HIPAA, state confidentiality laws, state data breach notification laws, and federal consumer protection laws relating to privacy and data security.
11.2. Nothing in this Privacy Policy is intended to make Eastside a covered entity or business associate under HIPAA unless Eastside has expressly agreed in writing to act in that capacity. If Eastside enters into a business associate agreement or other written privacy or security agreement with a CMH or other covered entity, then that written agreement will govern to the extent it conflicts with this Privacy Policy.
11.3. If Eastside determines that a security incident, breach, or unauthorized access, acquisition, use, or disclosure of Personal Information has occurred, then Eastside will evaluate the incident and provide notices as required by applicable law and any applicable written agreement.
12.1. Eastside may modify this Privacy Policy from time to time. Any modifications will become effective upon posting through Respite4Kids or otherwise making the modified Privacy Policy available, unless Eastside specifies a later effective date. Your continued access to or use of Respite4Kids after the effective date of a modified Privacy Policy constitutes your agreement to the modified Privacy Policy.
13.1. If you have questions about this Privacy Policy or Eastside’s privacy practices, or if you believe your account or information has been compromised, you may contact Eastside through the customer support contact information made available through Respite4Kids or by such other method as Eastside may designate from time to time.