Flywheel O & P Administration L.L.C. (“we,” “us,” and “our”) respects the importance of the privacy of your personal information. We provide this Privacy Policy so you know about our information handling and storage practices and understand how we collect, protect, use, and share the personal information we receive about you from your use of the flywheelop.com website (the “Site”) or the Flywheel mobile software application (the “App”). By accessing or using the Site or the App, you agree to the terms of this Privacy Policy.
IF YOU ARE A PATIENT OF FLYWHEEL, OUR USE AND DISCLOSURE OF YOUR HEALTH INFORMATION IS COVERED UNDER OUR “HIPAA NOTICE OF PRIVACY PRACTICES,” CURRENTLY LOCATED AT https://flywheelop.com/hipaa/ THIS PRIVACY POLICY APPLIES TO YOUR NONMEDICAL INFORMATION.
Your visit to the Site and any dispute over privacy is subject to the Terms of Service, including limitations on damages and application of the law of the State of Minnesota. Use of the Site is strictly voluntary. If you do not agree to our Privacy Policy and Terms of Use, you must immediately log off the Site and may not use the Site.
Your Consent
BY SUBMITTING YOUR PERSONAL INFORMATION TO US, YOU ARE CONSENTING TO THE COLLECTION AND PROCESSING OF YOUR PERSONAL INFORMATION IN THE UNITED STATES AND TO OUR USE OF YOUR PERSONAL INFORMATION AND ANY RELATED INFORMATION IN THE MANNER DESCRIBED IN THIS PRIVACY POLICY, INCLUDING THE TRANSMISSION TO, AND STORAGE AND PROCESSING OF YOUR PERSONAL INFORMATION BY THIRD PARTIES OUTSIDE THE UNITED STATES.
IF YOU ARE SUBMITTING PERSONAL INFORMATION OF THIRD PARTIES TO US, YOU WARRANT AND REPRESENT YOU HAVE THEIR CONSENT TO PROVIDE THEIR PERSONAL INFORMATION TO US AND YOU WILL INDEMNIFY US AND HOLD US HARMLESS FROM AND AGAINST CLAIMS BY SUCH INDIVIDUALS RELATING TO OUR PROCESSING AND USE OF SUCH PERSONAL INFORMATION WITHIN THE TERMS OF THIS PRIVACY POLICY.
The Data We Collect
Anonymous Electronic Information. In general, you can browse the Site without telling us who you are or revealing any personal information about yourself. However, we collect your computer’s or mobile device’s IP address, which you necessarily disclose when you visit the Site or download or use the App so that data (such as the web pages you request) can be sent to your computer or device.
Cookies. The Site or App may utilize “cookies,” which are text files placed on your computer or device that web pages or screens may use to store data on your computer or mobile device or send data to our web servers. We may use cookie data to “recognize” you when you return to the Site or the App, to save your user ID, to track usage information, to troubleshoot how the Site or App operates, and for internal analysis of how people use the Site or App. Should you decide not to accept cookies from the Site or App, you will limit the functionality we can provide you.
Additional Electronic Information. We may use standard Internet technology, such as web beacons, tracking pixels, and other similar technologies, to track your use of the Site or App. We may also use identifiers for mobile devices in the App (e.g., Android Advertising Identifier or Advertising Identifier for iOS) or similar technology that are used to collect data, such as type of device, operating system information, carrier, and network type.
By using the App, you consent to the storing and accessing of cookies and other information on your device where such activity occurs in connection with our use of Google Analytics for Firebase.
Location Information. We may collect information about your location if you provide your address or zip code or we may approximate your location based on your IP address. If you provide our App access to location services on your device, we and our third party providers may collect location data through GPS, Wi-Fi, wireless network triangulation or other similar methods.
The Site is not designed to respond to “do not track” requests from web browsers.
Through Your Interactions with Us. When you engage in certain activities on the Site or App, such as using the Contact Us feature on the Site, or completing a user profile in the App, we may ask you to provide personal and other information. The information we will require will depend on the activity. If you do not provide the mandatory information for a particular activity, you will not be able to engage in that activity. You may also limit your ability to use all or a portion of the Site or App. If you are a registered user of the Site or App, we may track when and how you use the Site or App and the operations you perform on the Site or App.
Information Obtained from Other Sources. We may obtain information about you from other companies and organizations, such as vendors that may perform certain operations on our behalf. We may combine such information with information we have collected or may collect about you. We may also collect information that is publicly available. For example, we may collect information about you when you interact with us through social media. We are not responsible for the accuracy of any information provided by other sources or the data practices of other sources.
Use of the Data We Collect
Generally, we process and use personal information to provide and improve our products and services, including the Site and the App, for purposes in our legitimate interests and for compliance with applicable laws.
To Operate Our Business. We process personal information where you give us your consent or on the basis that it is: (a) necessary to enter into or perform a contract we have with you; (b) in our or a third parties’ legitimate interests such as a contract under which we are required to deliver products or services; or (c) for compliance with a legal obligation.
We may use your personal information for particular activities, including, without limitation, verifying your identity, responding to your inquiries, customer service and technical support, providing products and services to you, marketing and research, developing and displaying content tailored to your interests, providing product, promotional and other information to you, sending you messages and notifications through the App, and to contact you regarding administrative notices. Depending on the circumstances and the nature of the information, we may share this information with our affiliated entities, marketing partners, and other parties with whom we collaborate. In addition, if we use service providers, these service providers may have access to your personal information to perform contractually specified services on our behalf. Where we share your nonpublic personal information with third parties, we will ensure that there are contractual restrictions on their use and disclosure of that information.
CERTAIN COMMUNICATIONS WITH US THROUGH THE APP WILL BE SUBJECT TO OUR “HIPAA NOTICE OF PRIVACY PRACTICES,”
To Improve our Business. We may use your IP address and similar Site or App use information to: (i) help diagnose problems with the Site or App, administer and improve the Site or App, and measure the use of the Site or App; (ii) identify the type of web browsers used, the pages viewed, the websites from which a visitor found the Site or App, and the search terms and search engines used to find the Site or App; and (iii) gather other analytics information relating to visitors’ use and navigation of the Site or App. This information does not identify you personally. On occasion we may aggregate this nonmedical data with data from other users to track overall visitor traffic and usage patterns and provide this aggregate information to vendors, business partners, or affiliates.
The information we obtain using standard Internet technology, such as web beacons, tracking pixels, and other similar technologies, enables us to customize the services we offer visitors to the Site, to deliver targeted content, and to measure the overall effectiveness of our online content, advertising, or programming or other activities.
We use Google Analytics for Firebase to evaluate your use of the App, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the App usage. Google collects and processes data as set forth at www.google.com/policies/privacy/partners/. By using the App you consent to the processing and collection of data about you.
We may use your location information to provide personalized content and advertising, to enhance your experience with the Site or App, to assist us with analytics, and to improve the effectiveness of our Site or App.
We may use the information in an anonymous or aggregated format that does not identify you personally, which uses might include, without limitation, to evaluate existing products, services, and systems; to assist in the development of new products or services; research; advertising; and to identify trends and changes.
For Law Enforcement, Regulators and Other Parties for Legal Reasons. We may also disclose personal information in any of the following circumstances: (a) in response to a subpoena, search warrant, court order, or other legal process or request, or as may otherwise be required by law, rule, or regulation; (b) to protect and defend our rights or property or those of our affiliates or business partners, or others; or (c) as we, in our sole discretion, believe is appropriate under exigent circumstances in response to a perceived threat to the personal safety, property, or rights of any person or organization.
In addition, since our database is a business asset, in the event we are reorganized or become part of another organization, you consent to the sale, assignment, or transfer of your personal information to a successor that acquires substantially all of our business assets, or to an affiliate, as applicable.
We do not sell personal information to third parties. Other than as set forth in this Privacy Policy, we do not transfer, share or disclose nonmedical personal information to third parties. We do not disclose nonmedical personal information of individuals we know to be under the age of 16 to other businesses or third parties for consideration.
Children’s Online Privacy Protection
The Site is not directed to children under the age of 13 and we will not knowingly collect personal information from children under the age of 13 on the Site. If we become aware that we have inadvertently received personal information from a child under the age of 13 on the Site, we will delete the information from our records.
Security of Personal Information
We take the security of personal information seriously and we take what we believe to be reasonable precautions and have implemented certain safeguards to protect the security of data and personal information. We may transmit your personal data to third parties outside the United States for storage or processing. We will attempt to ensure that your personal information will be subject to appropriate safeguards and that it is processed and secured in accordance with applicable law. However, we cannot guarantee against any loss, misuse, unauthorized disclosure, or alteration or destruction of data or personal information. While we strive to protect your personal information, we do not guarantee the security of any information you transmit to or from the Site or App or by email or otherwise, and you provide such information at your own risk. You acknowledge that: (a) there are security and privacy limitations in computer systems and on the Internet which are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through the Site or App, including personal information, cannot be guaranteed; and (c) any such information and data may be viewed or tampered with by a third party while such information or data is being used, transmitted, processed, or stored.
Our Relationship to Other Websites
The Site or App may contain links to other websites. If you visit one of these other websites, we encourage you to review the privacy policy on that website. We are not responsible for the policies and practices of other websites, and any information you submit to those websites is subject to their privacy policies.
Privacy Rights and Requests
In addition to rights you may under HIPAA if you are a patient of Flywheel, you may have rights under applicable laws concerning personal information we have collected about you, which may include the right to access your personal information we have, to ask us to delete, correct, or restrict the use of your personal information, to withdraw your consent to our use of your personal information, to ask how we have used your personal information, and to ask whether we have shared your personal information. We will honor your rights to the extent required by us under applicable law or as we may agree to honor in our sole discretion.
All privacy requests relating to your personal information, including those related to access to, rectification of, restriction of, processing of, sharing of, or objection to the processing of your personal information, withdrawal of consent to handle your personal information, the right to be forgotten, or to opt-out of the sale of your personal information (in case our policy changes), can be submitted to us one of the following ways:
By email: info@flywheelop.com
By U.S. Mail: Flywheel O & P Administration L.L.C.,
1010 Dale Street North,
St. Paul, MN 55117–5603
All communications must be in the English language. Please clearly state what information you are requesting and any other requests you are making. You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.
We will respond to reasonable requests within the time limits established by applicable law or within a reasonable time if no time limit is established by applicable law.
If you or your authorized agent sends us an email requesting that we take action regarding your personal information or the right to be forgotten, the requesting email MUST come from the email address we have on file for you in order to verify that the request is valid and also to protect your personal information. All other requests must be made in writing or otherwise be verifiable as originating from you or your authorized agent. In order to protect your information and because people may have the same name, we will only provide or delete personal information that we can verify is associated with your particular email address or where we can reasonably identify the identity of the requestor.
For your protection, we may ask you for additional information to verify your identity. In most cases, we will provide the information you request and correct or delete any inaccurate personal information you discover. We reserve the right, however, to limit or deny your request to the extent permitted by applicable law if: (a) complying with the request may present a threat to the personal safety, property, or rights of any other person or organization; (b) complying with the request may lead to a violation of applicable laws or regulations; (c) we are not required to comply with the request because of a legal rule or exception; or (d) you have failed to provide us with sufficient evidence to verify your identity. We will not delete personal information if that personal information is related to an ongoing transaction. Even after a request, we may also keep personal information where necessary to comply with applicable laws or where necessary to protect a legal right or fulfill a legal obligation.
How Long We Keep Personal Information
We store the personal information we collect about you for as long as is necessary for the purpose(s) for which we collected it, or for other legitimate business purposes, including to meet our legal, regulatory, or other compliance obligations.
Changes to Privacy Policy
We reserve the right to revise this Privacy Policy, in whole or in part, at any time without notice to you. You expressly waive any right to receive notice of any revisions to this Privacy Policy. We encourage you to review this Privacy Policy regularly in your use of the Site to ensure you are aware of current practices. Any use of the Site following the date on which the revised Privacy Policy is published on the Site shall constitute your acceptance of all such changes.
Contact
For questions or comments related to this Privacy Policy, please use the Contact Us feature on the Site or send us a letter to: Flywheel O & P Administration L.L.C., 1010 Dale Street North, St. Paul, MN 55117–5603.
Last updated: July 28, 2021
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