How do we collect the personally identifiable information of our users?
BlueSleep may collect certain personal identifiable information through a variety of means and sources about users who visit, contact, sign up/register for or otherwise use the BlueSleep website/App or who call us. For example, we collect such information in the following manners:
Information You Provide to Us
Much of the personally identifiable information we receive comes directly from users who are interested in signing up for BlueSleep or who are interested in obtaining information, services or products from us or our listed or independent client third parties. We collect personal information when you register on, complete a profile on or contact us through our website/App or when you e-mail or call us. We may also collect other types of information (non-identifiable information), such as gender, age, personal interests and medical or health-related information that we may associate with personally identifiable information.
When you access our website and other services, we may ask you to voluntarily provide us certain information that personally identifies (or could be used to personally identify) you (“Personal Information”). Personal Information includes (but is not limited to) the following categories of information: (1) contact data (such as your e-mail address and phone number); (2) demographic data (such as your gender, your date of birth and your zip code); (3) medical data (such as the doctors, dentists or other health care providers you click on, use or request, your reasons for services/care, your dates of service, your medical history, and other medical and health information you choose to share with us), and (4) other information that you voluntarily choose to provide to us, including without limitation social security number, unique identifiers such as passwords, and Personal Information in emails, contact submissions, letters that you send to us or calls. You might still be able to access and use some or all of BlueSleep if you choose not to provide us with any Personal Information, but the features and services of BlueSleep that require your Personal Information as then-applicable will not be accessible to you. We may also collect additional information, which may be Personal Information, as otherwise described to you at the point of collection or pursuant to your consent.
Information Collected Through Technology
We may collect information through technology to make our website more useful to you and to track user web/App activity and interests. Our website/App may use “cookies,” which are pieces of information a website/App sends to your computer or mobile device while you are viewing the website/App, for a variety of purposes. For example, when you return to our website/App after logging in, cookies may provide information to the site so that the site/App will remember who you are. We may also use information collected through web beacons, which are small pieces of data that are embedded in images on the pages of websites/App, to analyze the traffic patterns on our website/App, such as the frequency with which our users visit various parts or pages of our website/App. We may also use these technical methods in HTML e-mails that we send to our users to determine whether our users have opened those e-mails and/or clicked on links in those e-mails.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most web browsers provides information on how to accept cookies, disable cookies or to notify you when receiving a new cookie.
If you do not accept cookies, you may not be able to use some features of BlueSleep and we recommend that you leave them turned on.
You may be able to engage in certain transactions without registering and logging on to our website/App. We refer to all of these transactions that you engage in without registering and logging on to our website as “Non-Registered Transactions.” When you engage in Non-Registered Transactions (in addition to those engaged in registered user transactions, if any), we may gather personally identifiable information, such as your computer’s IP address and other traffic data. We may automatically collect the following traffic data: (1) IP address; (2) domain server; (3) type of device(s) used to access BlueSleep; (4) web browser(s) used to access BlueSleep; (5) referring webpage or other source through which you accessed BlueSleep; (6) geolocation information; and (7) other statistics and information associated with the interaction between your browser, mouse or mobile device and BlueSleep.
When you place telephone calls to us, we may also log your telephone number and geographic location.
Mobile device identifiers are data stored on your mobile device that may track mobile device and data and activities occurring on and through the mobile device, as well as the applications installed on it. Mobile device identifiers enable collection of Personal Information (such as media access control, address and location) and traffic data. As with other tracking tools, mobile device identifiers help BlueSleep learn more about our users’ demographics and internet behaviors.
Information That We Collect from Others
We may supplement personally identifiable information that we have collected directly from our users with other information that we obtain from third parties, such as third party independent client providers and suppliers you seek services and purchases from, or otherwise.
Under a federal law called the HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA), SET FORTH IN 45 C.F.R. PARTS 160 THROUGH 164, some of the demographic, health, payor and/or health-related information that BlueSleep collects as part of providing our administrative scheduling services with third party client providers may be considered “protected health information” as defined under such law (“PHI”), but only to the extent the healthcare provider submits any claims to Medicare and/or Medicaid (or other federal health care benefit program).
HOWEVER, WHEN BLUESLEEP RECEIVES THE INFORMATION FROM YOU FOR OUR AND/OR YOUR GENERAL INFORMATIONAL PURPOSES OR IN ORDER TO SCHEDULE SERVICES WITH A THIRD PARTY INDEPENDENT CLIENT PROVIDER WHICH/WHO IS NOT COVERED BY HIPAA AS DESCRIBED ABOVE, THE INFORMATION IS NOT CONSIDERED PHI, AND, ACCORDINGLY, IS NOT SUBJECT TO ANY HIPAA PROTECTIONS OR ASSURANCES FROM US.
How is personally identifiable information used?
We will not rent, sell, disseminate or share personally identifiable information about you which can be used to identify or contact you with non-affiliated companies or third parties other than to facilitate any services and/or purchases through or via BlueSleep or in conjunction with BlueSleep and advertisements/sponsorships conducted via our website/App, as then-applicable, and to secure and store relevant information derived from those services, except when we have your permission or under the circumstances set forth in detail below; though we may do so in the event of the transfer of all or any portion of our business or assets to which this agreement relates and without any consideration to you.
Personally identifiable information collected may be shared within and used by BlueSleep, and its affiliated companies, parents, subsidiaries, contractors and vendors for several purposes. For example, BlueSleep may use your personal information to send you promotional materials about goods and services, including special offers and promotions, either offered by BlueSleep or offered by third parties (sent by BlueSleep on behalf of these third parties). These promotional materials may be sent to you by the App, push notifications, postal mail, e-mail or other means.
We may also use your personal information for “Operational Uses,” such as to complete transactions requested by you (for example, your purchase of or subscription to a product or service offered on or via our website or by a sponsor/third party provider), to send you administrative communications, and to render administrative scheduling and telemedicine services with third party independent client providers.
BlueSleep may take your personally identifiable information that is associated with other information about you (i.e. demographic information including age, sex, etc.) and make it non-personally identifiable (“non-identifiable”) by removing all personally identifiable characteristics, such as your name, address, phone number and e-mail address, and using it for any purpose whatsoever.
At times, BlueSleep may engage companies to help deliver products or services that you request from or via BlueSleep. Examples of these companies may eventually include call centers, packaging, printing, mailing or delivery companies. In these instances, there may be a need to share your information with these companies to fulfill your requests. Unless stated otherwise, these companies are allowed to gather, receive and use your information only for the purposes described in this paragraph, as required by law, or as you otherwise agree with them.
BlueSleep may contract with a third party to help manage and optimize our Internet and mobile device business and communications. As described above, website tracking services help websites to measure the effectiveness of advertising and how visitors use a website through the use of web beacons and cookies provided by such company. The type of information we may collect includes, but is not limited to, the pages visited and links clicked by users. By supplementing our records, this information would help us to learn things such as what pages are most useful and attractive to our visitors and which of our tools and information most interest our visitors and users. Although the third party company would log the information coming from our website on our behalf, we would control how that data and information may and may not be used, though we cannot be responsible for misconduct, acts or omissions by such third parties and you hereby waive any claim against us for same, fully acknowledging the risk of using and/or registering for BlueSleep.
We may also use, publish and exploit any information that is not Personal Information or that is not otherwise HIPAA PHI as applicable (except to the extent the PHI is de-identified) for statistical, research, study, sale and other purposes, including for sale, without any consideration due to you. We may, however, share Personal Information with any third party companies that are commonly owned by us (even if distinct entities) or affiliated with us including for promotion of services to you (excluding information which counts as PHI, subject to appropriate HIPAA authorization as needed pursuant to such regulation).
Do Not Track Disclosure
Do Not Track (“DNT”) is a preference you can set in certain web browsers including Chrome, Firefox, Safari and Internet Explorer to inform websites that you do not want to be tracked. If a website operator receives a DNT signal, the website operator may refrain from collecting certain Personal Information about the browser’s user. You can enable or disable Do Not Track by visiting the Preferences or Settings of your web browser although not all browsers offer a DNT option and there is currently no industry consensus as to what constitutes a DNT signal. Therefore, BlueSleep does not take any action to respond to DNT signals.
BlueSleep does not service anyone under the age of 17 ("Minors"). We respect the privacy concerns of parents and guardians regarding Minors and their possible use of BlueSleep. BlueSleep does not allow Minors years 17 or younger to register or use this service, does not knowingly collect or solicit Personal Information from anyone under the age of 17, or knowingly allow such persons to register and/or use the service. If you are under 17 please do not attempt to register for BlueSleep and/or send any information about yourself to us including, but not limited to, your: name, address, telephone number, or email address. No one under the age of 17 may provide Personal Information to us. In the event that we learn that we have collected Personal Information from someone under the age of 17 we will delete such information as quickly as possible. If you are a parent or guardian and you learn that your Minors have provided us with Personal Information, please contact us at email@example.com.
What choices do you have about the collection and use of your personally identifiable information?
As a threshold, you should not register for or use BlueSleep or schedule services via BlueSleep if you do not agree to these terms.
Please keep in mind that any opt-out choices you make will not apply in situations where (a) you either have made, simultaneously make or later make a specific request for information or action from BlueSleep or use particular BlueSleep functionality that necessitates use of the Personal Information, (b) BlueSleep uses your personal information for “Operational Uses” (as described above), (c) you either have engaged, simultaneously engage or later engage in Non-Registered Transactions as described above, or (d) BlueSleep collects your personally identifiable information under any of the provisions above as a result of your use of its website/App.
What kinds of security measures do we take to safeguard your personally identifiable information?
The security of your information is of utmost importance to us. We limit access to personal information about you to employees or contractors (and third party independent client service providers) who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs and further as set forth above. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable. Once information including Personal Information is accessed by a viewer or recipient including third party client healthcare providers, however, we have no control over the privacy or security of such information.
Information for California Residents
California residents have the right to request in writing from businesses with whom they have an established business relationship (1) a list of the categories of personal information, such as name, address, e-mail address and the type of services provided to that customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (2) the names and addresses of all such third parties. You can request information by writing to us at: BlueSleep, Attn: Chief Executive Officer, Jordan Stern. We will respond to such written requests within thirty (30) days following receipt at the mailing address above. We reserve the right not to respond to requests submitted other than to the address specified above or as otherwise exempted by law. Please note that we are required to respond to each customer only once per calendar year.
Third Party Software
Special Note to International Users
Effective date: November 15, 2017
Last updated date: November 15, 2017