This policy covers how Orah treats Personally Identifiable Information ("PII") and Protected Health Information ("PHI") (hereinafter "PHI") that Orah collects, receives, maintains, stores or transmits, including information you transmit or submit to Orah. The PHI you provide to us may include information that individually identifies an individual or is information about an individual that can be traced back to you, your IP address, or your location. It may also include, but is not limited to an individual’s name, address, employer, email address, phone number, images, photographs, and information about the individual’s health and/or other types of protected health information.
We have the right to change our privacy practices and the terms of this notice. If we make a material change to our privacy practices, we will post the revised notice on our website, at orah.care. We reserve the right to make any revised or changed notice effective for information we already have and for information that we receive in the future.
Registration and Access
Register with username and password.
While accounts are individual, you, as the account owner, may grant account access to additional users, such as additional healthcare providers, friends or family members. In doing so, you may choose to allow such additional users to retrieve, provide, and/or modify health and other information in your account, or otherwise share your information with a healthcare service provider.
You, the account owner, are solely responsible for the activity that occurs through your account and the information shared. Keep your password secure, to always log-off from the Services when leaving your phone unattended, to only grant access to people whom you trust and to constantly monitor use. Although Orah will not be liable for losses caused by any unauthorized use of your account, you may be liable for the losses of Orah or others due to such unauthorized use, so we strongly recommend notifying us immediately of unauthorized use of your account or of any related security breach by writing to us at email@example.com.
Fees and Billing-
WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges or terms effective upon prior notice to customers (which may be sent by email to the address you have most recently provided us).
Limitation of Use Outside of the U.S.-
Orah makes no representations that the Service is appropriate or available for such use outside of the United States.
Ownership of the Service Provided To You-
You shall not remove or alter any copyright notice, trademark or other proprietary restrictive notice or legend affixed to any material provided by Orah.
Account Content or Use of Services-
You shall be solely responsible for the information you or any of your authorized users transmit or submit through the Site or the Services.
RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS, REMOVE CONTENT-
Orah reserves the right to suspend or terminate the account of any user at any time and for any reason at all, at our sole discretion.
Feedback From You- will automatically upon submission become the property of Orah, without any compensation to you.
LIABILITIES AND INDEMNITIES-
THE CUMULATIVE LIABILITY OF Orah FOR ALL CLAIMS RELATING TO THE SITE OR SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY A USER OR VISITOR FOR THE SERVICES OR USE OF THE SITE.
Orah WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY Orah OR ANY THIRD PARTY.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
Information Collection and Use
For Registered Subscribers, the information entered into the Orah regarding the personal home healthcare of your loved ones is collected for your personal use. You have control over who accesses such information on your end, and if you choose to do so, you may grant viewing or editing authorization to others. You can also limit such access and/or completely delete the information entered into the Orah system at any time. Additionally, when you register to use the Services, whether as a Beta user or a paid subscriber, we collect your contact information provided-which may include your name, business name, phone number, address, email address (“Contact Information”), password created, and similar information for all of your authorized users –in order to be able to contact you, verify your account and allow you to login in future instances.
If you choose not to provide the requested information you may not be able to use certain features or functions of this Site, or Orah products or services. Whenever you visit our Site, Orah also receives and records information on our server logs from your browser, including your IP address, Orah’s cookie information, and the pages you request, and relates it to the PII you provide.
WHAT WE DO OR MIGHT DO WITH THE INFORMATION COLLECTED:
Evaluate your use, preferences and trends for our own internal statistical and analytical purposes which we may use for marketing purposes and in respect of operations and product development.
Contact for service updates, feedback, evaluate your use for our own statistical and analytical purposes prevent activity that we feel may be potentially illegal.
DISCLOSURE OF INFORMATION
Orah collects and uses information you provide to:
You may opt-out of receiving future messages and announcements and remove your name from our mailing lists. The opt-out provisions do not apply to information collected by cookies or used internally to recognize you and/or facilitate your visits to the Site, or information we may retain to comply with legal requirements.
If you wish to subscribe to our newsletter, we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe by clicking on the link within the email.
Our Site uses a software technology called "cookies." Cookies are small text files that we place in visitors' computer browsers to store their preferences. Cookies themselves do not contain any PII.
"Web beacons" are small pieces of code placed on a web page to monitor the behavior and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page. We may use web beacons on our Site from time to time for this purpose.
Information Sharing and Disclosure
Orah does not rent, sell, or share PHI with other people or non affiliated companies except to provide product or services you have requested, when we have your authorization to share such information, or when we provide the information to companies or consultants working on behalf of or with us under confidentiality agreements.These companies and consultants may use the PHI you have provided to help us communicate with you about offers from Orah. However, these companies and consultants do not have any independent right to share this information.
LINKS AND THIRD PARTY SERVICE PROVIDERS-
YOU AND ONLY YOU, CAN APPROVE ACCESS TO THIRD PARTIES AND SERVICE PROVIDERS TO VIEW AND COPY YOUR HOME HEALTH CARE INFORMATION. So keep in mind that if you grant such third parties access to your health information, Orah will not and cannot be responsible for their content, performance what they choose to do with your information or their privacy practices.
The Health Insurance Portability and Accountability Act (HIPAA) is a US healthcare law that establishes requirements for the use, disclosure, and safeguarding of individually identifiable health information. It applies to covered entities—doctors’ offices, hospitals, health insurers, and other healthcare companies—with access to patient's’ protected health information (PHI), as well as to business associates, such as cloud service and IT providers, that process PHI on their behalf. The scope of HIPAA was extended with the enactment of the Health Information Technology for Economic and Clinical Health (HITECH) Act. Together, HIPAA and HITECH Act rules include:
The HIPAA Privacy Rule, which focuses on the right of individuals to control the use of their personal information, and covers the confidentiality of PHI, limiting its use and disclosure.
The HIPAA Security Rule, which sets the standards for administrative, technical, and physical safeguards to protect electronic PHI from unauthorized access, use, and disclosure. It also includes such organizational requirements as Business Associate Agreements (BAAs).
The HITECH Breach Notification Final Rule, which requires giving notice to individuals and the government when a breach of unsecured PHI occurs.
HIPAA regulations require that covered entities and their business associates when it provides services to covered entities—enter into contracts to ensure that those business associates will adequately protect PHI. These contracts, or BAAs, clarify and limit how the business associate can handle PHI, and set forth each party’s adherence to the security and privacy provisions set forth in HIPAA and the HITECH Act. In many circumstances, for a covered healthcare company or a business associate to use Orah’s Site, products or services, the covered entity or business associate must agree in a written agreement to adhere to certain security and privacy provisions set out in HIPAA and the HITECH Act.
Once a BAA is in place, Orah customers who are covered entities or business associates can use its services to process and store PHI.
Confidentiality and Security
We have taken reasonable and necessary steps to ensure that all information collected will remain secure and in its original form, i.e., free from any alteration. We have put in place appropriate physical, electronic, and administrative procedures in an effort to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.
Neither Party shall use or disclose to any person, either during the term or after the termination of these Terms, any source or object codes, technical data, correspondence or any other information or materials owned or provided by the other Party or its Affiliates, or its clients or contractors hereunder (collectively, “Confidential Information”), or disclose any information concerning the contents of these Terms, except for purposes consistent with the administration and performance of a Party’s obligations hereunder or as required by law.
Orah is not responsible for and will not be a party to any transactions between you and a third party provider of products, information or services. Orah does not monitor such transactions to ensure the confidentiality of the PHI you have provided to us, including credit card information. Any separate charges or obligations you incur in your dealings with these third parties linked to Orah’s Site are solely your responsibility.
While we follow generally accepted methods of security, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect any PHI, we cannot guarantee its absolute security. If you have any questions about security on our website, you can contact us at firstname.lastname@example.org.
You may request access to the PHI you have provided to us and request information about our collection, use and disclosure of such information by contacting us at email@example.com. We use best efforts to keep our records as accurate and complete as possible. You can help us maintain the accuracy of such information by notifying us of any changes to such personal information. Your rights to access the personal information you provide are not absolute. We may deny you access when required by law or if disclosure would likely reveal personal information about a third party.
Research and Training-
Limitation of what we use or share-
You can ask us not to use or share certain health information, for treatment, payment for our operations. We are not required to agree to your request and we may say “no” if it would affect your care.
If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer. We will say “yes” unless a law requires us to share that information.
Disclosure for Marketing Purposes-
Compliance with the Law-
Subject to the Terms above, Orah enables the use of audio, photos, video or other electronic communications to and/or to diagnose and/or treat You, Parent or loved one. You will likely communicate details of You or of others medical and protected health information, through the use of interactive video, photos, audio or other telecommunications technology. If you become a member, Your Health Professional/Caregiver will have access to your history and may take video, photos, and/or audio recordings.
Electronic systems used will incorporate network and software security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data’s integrity against intentional or unintentional corruption. As discussed more fully in the Terms above, however, privacy and security cannot be guaranteed.
Accountability and Verification of the Care of You or a loved one which enables them to remain in their location while the Health Professional communicates with an assigned Member from a distant site.
As with any medical or mental health care, there are potential risks associated with the use of Orah. These risks include, but may not be limited to, the following:
In some cases, applicable law may prevent Your Health Professional from providing the services You desire.
In some cases, Your Health Professional may conclude that the information transmitted is not sufficient (e.g. poor resolution of images), or on some other basis the nature of Your problem is such that it does not allow for appropriate medical or mental health decision-making without an in-person evaluation;
Delays in medical or mental health evaluation/treatment could occur owing to deficiencies or failures of the electronic equipment or of the electric power needed to run it;
Security protocols could fail, causing a breach or privacy of personal medical or mental health information;
The physical examination Your Health Professional can perform through Orah is necessarily more limited than that which is possible in in-person care, so information that can be obtained only by means of an in-person physical examination will not be available to permit diagnosis. This could result in misdiagnosis, which in turn could lead to treatment that is not helpful, or that could even be harmful.
In some cases, a lack of access to Your complete medical or mental health records may increase the risk of misdiagnosis, adverse drug interactions, allergic reactions or other unintended results.
Because Orah provides a relatively new approach to health care, there may be risks, including potentially serious risks, that cannot be mentioned here because they have not yet been identified.
By accepting this form (which is equivalent to signing and agreeing to the Terms and the Informed Consent Addendum), I understand the following:
1. The information a Health Aide conveys is not intended to be, nor is it, medical care, nor mental health care, nor a substitute for medical or mental health care. Since Orah does not monitor the information that Health Aides using it provide to Consumers, and since Orah is not qualified to evaluate the quality of a Health Aide services even if it did, Orah cannot guarantee the accuracy of the information provided nor that the Consumer will benefit from hearing it.
The laws that protect the privacy and security of health information apply to information that Patients exchange through Orah, and no information obtained in the use of Orah that identifies me will be disclosed to researchers or entities without my authorization unless required or permitted by law.
Orah does not provide medical advice and is not a substitute for professional medical advice or treatment. You should not use this information to diagnose or treat a health problem or disease without consulting with a qualified healthcare provider. Please consult your healthcare provider with any questions or concerns you may have regarding your condition.
2. I have the right to withhold or withdraw my consent to the use of Orah in the course of My care at any time, and if I do I will not be penalized in any way.
3. I may inspect some types of information obtained and recorded in the course of a Orah interaction, may, for a reasonable fee, receive copies of this information.
4. As I read these Terms, including this Informed Consent Addendum, I am not under the influence of any substance or medication that impairs my understanding, nor am I aware of any illness or medical or mental health condition that impairs my understanding.
Patient Consent to the Use of Orah: I have read and understand the information provided above regarding Orah. At the time I agree to these Terms, there are no unfilled blanks in these documents. I hereby give my informed consent for the use of Orah Services.
Questions and Suggestions
If you have questions or suggestions, or wish to correct any profile information, please email Orah at firstname.lastname@example.org.
Written communication should be sent to:
281 East Linden Avenue
Englewood, New Jersey 07631