U.S. State-Specific and EU/European Economic Area Privacy Disclosures
Effective Date: January 1, 2020
Last Updated: June 12, 2024
This Privacy Notice applies to all the products, services, websites and applications (collectively, the “Services”) offered by Timely Telehealth, LLC and Telehealth Physician Network, PLLC (collectively, “TimelyCare”, “We”, “Us” or “Our”) that link to this Privacy Notice. Some information only applies to the “TimelyCare Application,” which is the application used when you sign up for TimelyCare services.
Depending on your relationship with us, TimelyCare may collect the categories of information as summarized in the table below and process the information as described below. Generally speaking, this Privacy Notice will not apply to your medical information. We protect your medical information pursuant to applicable federal and state laws. Please see our Medical Information Privacy Policy for additional information on how we process your medical information.
Please note that in some instances, TimelyCare’s customers, and not TimelyCare, will determine how and why personal information collected by TimelyCare is used. In those instances, the applicable privacy notices, including any applicable HIPAA Notice of Privacy Practices of TimelyCare’s customers may apply.
Personal Information We May Collect About You.
The TimelyCare Application may collect the following categories of personal information:
Category | Collected |
A. Identifiers. | [YES] |
B. Personal information, including, but not limited to: name, preferred name, date of birth, demographic information (sex, ethnicity, gender identity, pronouns), preferred language, signature, social security number, physical characteristics or description, address, telephone number, email address, passport number, driver’s license or state identification card number, insurance policy number, education classification, graduation semester, graduation year, employment classification, employment history, bank account number, credit card number, debit card number, or any other financial information, general information (height, weight), lifestyle information, medical history, family history, medications, allergies, other medical/mental health provider information, your reason for visit, and health insurance information. | [YES] |
C. Protected classification characteristics under applicable law. | [YES] |
D. Commercial information, such as billing, payment, and shipping information. | [YES] |
E. Biometric information. | [NO] |
F. Internet or other similar network activity (e.g., IP address, operating system, connection speed, browser type, cookies, and hardware and software attributes and with your express written consent, information about third-party software applications on your mobile device (including, without limitation, general software applications, downloadable software applications, and social media applications). | [YES] |
G. Geolocation data. | [YES] |
H. Sensory data. Audio, video, photographs, electronic, visual, thermal, olfactory, or similar information. | [YES] |
I. Professional or employment-related information. | [YES] |
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99). Education classification, graduation semester, graduation year. Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. | [YES] |
K. Inferences drawn from other personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes inferred from the information collected. | [NO] |
If you access our public facing TimelyCare.com website, we may also collect the following categories of information: Strictly necessary cookies, performance cookies, targeting cookies, functionality cookies, web beacons, analytics, pixels. For more information please visit our Cookie Policy.
Category | Collected |
A. Identifiers. | [YES] |
B. Personal information, including, but not limited to: name, preferred name, demographic information, preferred language, address, telephone number, email address, | [YES] |
C. Protected classification characteristics under applicable law. | [NO] |
D. Commercial information, such as billing, payment, and shipping information. | [NO] |
E. Biometric information. | [NO] |
F. Internet or other similar network activity (e.g., IP address, operating system, connection speed, browser type, cookies, and hardware and software attributes and with your express written consent, information about third-party software applications on your mobile device (including, without limitation, general software applications, downloadable software applications, and social media applications). | [YES] |
G. Geolocation data. | [YES] |
H. Sensory data. Audio, video, photographs, electronic, visual, thermal, olfactory, or similar information. | [YES] |
I. Professional or employment-related information. | [YES] |
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99). Education classification, graduation semester, graduation year. Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. | [YES] |
K. Inferences drawn from other personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes inferred from the information collected. | [NO] |
2. How We Collect Personal Information. The categories of personal information we collect about you, as detailed below, come from the following categories of sources:
- You, including through your use of our TimelyCare Application, website, third parties, social media platforms, and the Services
- Automatically collected from your browser
- Our subsidiaries
- Voluntary completion of customer surveys or feedback through the application and via email
3. Tracking Technologies. Some of our Services may incorporate tracking technologies to provide you with certain functionalities available within our Services. These tracking technologies may collect or generate personal information about you when you interact with us, but only if you decide to allow them in your individual browser’s settings. Please be advised that if you choose to block, reject, disable, delete, or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation, and data analysis technologies, then certain areas of our websites may not function properly. For more information regarding cookies, web beacons and analytics, see the TimelyCare Cookie Policy.
4. Privacy Policies of Other Websites. Our website may contain links to third-party websites whose privacy practices may differ from ours. We encourage you to review the privacy policies of those websites before providing any personal data.
5. Use of Personal Information. We may use, or disclose the personal information we collect for one or more of the following business purposes:
- Providing and improving our Services (for example, account servicing and maintenance, customer service, advertising and marketing, analytics, and communication about our Services)
- Emailing you appointment reminders, surveys, and other relevant information to the Services we provide
- For our operational purposes and the operational purposes of our service providers and integration partners
- Improving our existing Services and developing new services (for example, by conducting research to develop new products or features)
- Detecting, protecting against, and prosecuting security incidents and fraudulent or illegal activity
- Bug detection, error reporting, and activities to maintain the quality or safety of our Services
- Auditing consumer interactions on our site (for example, measuring ad impressions)
- Short-term, transient use, such as customizing content that we or our service providers display on the Services
- Other uses that advance our commercial or economic interests, such as third party advertising and communicating with you about relevant offers from third party partners
- Other uses that we notify you about
6. Sharing of Personal Information. We may disclose your Personal Information in the following circumstances:=
- To Service Providers – We disclose your Personal Information with third party service providers as necessary to enable them to support our Services or other aspects of our business.
- To Affiliates and Subsidiaries – We may disclose your information to the TimelyCare family of companies for their and our business purposes and for marketing purposes, including to provide you information about the products or services we think may interest you.
- To Business Partners – We may disclose Personal Information with trusted business partners, corporate affiliates, marketing and data service providers, and data aggregators, such as analytics services. For example, we may disclose your Personal Information with a company whose products or services we think may be of interest to you or who we co-sponsor a promotion or service with.
- For Legal Obligation or Safety Reasons – We may disclose Personal Information to a third party when we have a good faith belief that such disclosure of Personal Information is reasonably necessary to (a) satisfy or comply with any requirement of law, regulation, legal process, or enforceable governmental request, (b) enforce or investigate a potential violation of any agreement you have with us, (c) detect, prevent, or otherwise respond to fraud, security or technical concerns, (d) support auditing and compliance functions, or (e) protect the rights, property, or safety of TimelyCare, its employees and clients, or the public against harm.
- For Merger or Change of Control – We may disclose Personal Information to third parties as necessary if we are involved in a merger, acquisition, or any other transaction involving a change of control in our business, including but not limited to, a bankruptcy or similar proceeding. Where legally required, we will give you prior notice prior to such disclosure.
- For Fraud Prevention – When TimelyCare processes your data, we may send your data to, and use the resulting information from, credit reference agencies to prevent fraudulent purchases.
For additional information on our disclosures, including how we may sell or disclose your Personal Information for targeted advertising, please see Section 11, below.
7. Storing Your Data. We take appropriate measures to ensure the security and confidentiality of your personal data, including encryption, access controls, and regular security assessments. Any data stored, while at rest, shall be stored using an encryption method appropriate for the medium of storage.
8. Children’s Privacy. We do not knowingly collect or solicit any personal information from children under the age of 16. In the event that we learn that we have collected personal information from a child, we will promptly take steps to delete that information. If you are a parent or legal guardian and think your child has given us their personal information, you can call us at 1-833-484-6359.
9. Data Retention. TimelyCare may retain your information for (1) as long as it believes necessary; (2) as long as necessary to comply with its legal obligations, resolve disputes, and/or enforce agreements; or (3) as long as needed to provide you with its products and Services. TimelyCare may dispose of or delete any such information at any time, except as set forth in any other agreement or document executed by TimelyCare or as required by law.
10. Marketing. TimelyCare sends reminders about appointments and available services within the platform. Additionally, TimelyCare may send information about our products and Services based on your interests. You can opt out of marketing emails at any time, and you have the right to request TimelyCare stop contacting you for marketing purposes.
11. Notice to California Residents
TimelyCare makes the following disclosures regarding the Personal Information it has collected within the 12-month period preceding the Effective Date of this Privacy Notice:
Sources of Personal Information. We collect Personal Information from the categories of sources detailed in the How We Collect Personal Information section above.
Use of Personal Information. We collect Personal Information for the business and commercial purposes detailed in the Use Personal Information section above.
Disclosure of Personal Information. The categories of third parties to whom we disclose Personal Information for a business or commercial purpose or to whom we sell or share Personal Information are summarized in the chart below. We do not knowingly sell or share the Personal Information of minors under the age of 16.
Categories of Personal Information We Collect | Categories of Recipients to Whom We Disclose Personal Information for a Business or Commercial Purpose | Categories of Third Parties to Whom We Sell or Share Personal Information |
Identifiers |
|
For individuals using our general website (Timelycare.com) we sell or share Personal Information to:
|
Personal information, as defined in the California customer records law |
|
For individuals using our general website (Timelycare.com) we sell or share Personal Information to:
|
Commercial Information |
|
For individuals using our general website (Timelycare.com) we sell or share Personal Information to:
|
Biometric Information |
|
For individuals using our general website (Timelycare.com) we sell or share Personal Information to:
|
Characteristics of protected classifications under California or Federal Law |
|
For individuals using our general website (Timelycare.com) we sell or share Personal Information to:
|
Internet or other similar network activity |
|
For individuals using our general website (Timelycare.com) we sell or share Personal Information to:
|
Geolocation data |
|
For individuals using our general website (Timelycare.com) we sell or share Personal Information to:
|
Audio, electronic, visual, thermal, olfactory, or similar information |
|
For individuals using our general website (Timelycare.com) we sell or share Personal Information to:
|
Inferences drawn from other Personal Information |
|
For individuals using our general website (Timelycare.com) we sell or share Personal Information to:
|
Professional or employment-related information |
|
For individuals using our general website (Timelycare.com) we sell or share Personal Information to:
|
Non-public education information (per the Family Education Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99) |
|
For individuals using our general website (Timelycare.com) we sell or share Personal Information to:
|
Sensitive Personal Information |
|
For individuals using our general website (Timelycare.com) we sell or share Personal Information to:
|
Please note: TimelyCare only uses your Sensitive Personal Information for purposes or providing the Services to you.
Other California Privacy Rights. Under California Civil Code Section 1798.83, individual customers who reside in California and who have an existing business relationship with us may request information about our disclosure of certain categories of Personal Information to third parties for the third parties’ direct marketing purposes, if any. To make such a request, please contact us using the information in the Contact Us section below. Please be aware that not all information sharing is covered by these California privacy rights requirements and only information on covered sharing will be included in our response. This request may be made no more than once per calendar year.
12. Your U.S. Privacy Rights and How to Exercise Them. If you are a U.S. resident, depending on where you live, you may have the following rights with respect to your Personal Information under applicable data protection laws:
- Access – You may have the right to know what Personal Information we have collected about you and to access such data.
- Data portability – You may have the right to receive a copy of your information in a portable and readily usable format.
- Deletion – You may have the right to delete your Personal Information that we have obtained, subject to certain exceptions.
- Correction – You may have the right to correct inaccuracies in your Personal Information.
- Opt out of certain processing – You may have the right to: (a) opt out of the processing of your Personal Information for purposes of targeted advertising, (b) opt out of the sale or sharing of your Personal Information; (c) limit the use of your Sensitive Personal Information (if applicable), and (d) opt out of the processing of your Personal Information for profiling in furtherance of decisions that produce legal or similarly significant effect concerning you. (Please see Disclosure of Personal Information under Section 11 for more information on how TimelyCare sells, shares, and uses information for targeted advertising).
If required by law, we will only collect and process sensitive Personal Information from you, when we have obtained your prior express consent. You may withdraw your consent at any time by contacting us at the information below in Section 16 “Contact Information.” Note that withdrawal of your consent will not affect the lawfulness of our uses or sharing of your personal information before you withdraw your consent.
See Section 14 on how to exercise your rights including your right to opt-out of certain processing.
13. Individuals in the European Union, European Economic Area, and the United Kingdom. This section provides additional information regarding TimelyCare’s processing of personal information of people located in the European Union (“EU”), European Economic Area (“EEA”), and the United Kingdom (“UK”) in accordance with the EU Data Protection Regulation and UK Data Protection Regulation. For purposes of this section, “Personal Information” shall have the same definition as similar terms set forth in the foregoing data protection laws.
For a description of the categories of personal information collected and disclosed by us, the purposes of the processing, the recipients or categories of recipients of the Personal Information, and data retention policies please see the following Sections:
- Section 1, “Personal Information We May Collect About You”
- Section 5, “Use of Personal Information”
- Section 6, “Sharing of Personal Information”
- Section 9, “Data Retention”
- Section 11, “Categories of Third Parties to Whom We Sell or Share Personal Information ”
Legal Basis for Processing
Our legal basis for processing Personal Information depends on the Personal Information concerned and the context in which we process it. We process Personal Information from you where the processing is in our legitimate interests (including the purposes described in this Privacy Notice), where the processing is necessary for us to meet our applicable legal obligations, if we otherwise have your consent, or for the purposes of preventive or occupational medicine or medical diagnosis.
Automated Decision Making
TimelyCare does not make any automated decisions on your behalf or about you without first obtaining your express, opt-in consent. In the event we secure your consent to do so, you have the right to object to the processing of Personal Information via automated decision making at any time by following the instructions set forth below.
Transfers to Third Parties and Countries
Personal Information that we collect or receive may be transferred to and/or processed by third parties that are located outside of the EU, EEA or the UK, some of which applicable authorities may not consider to have an adequate level of protection for Personal Information. TimelyCare will only transfer Personal Information to third parties located outside of the EU, EEA, and the UK when it has ensured appropriate safeguards for such Personal Information through use of the standard contractual clauses or other lawful and approved methods.
You may have the following rights with respect to your Personal Information:
- The right to withdraw consent – If we use or share your Personal Information based on your consent, you may withdraw your consent at any time. Note that withdrawal of your consent will not affect the lawfulness of our uses or sharing of your Personal Information before you withdraw your consent.
- The right to access – You have the right to request TimelyCare for copies of your personal data. We may charge you a small fee for this service.
- The right to rectification – You have the right to request that TimelyCare correct any information you believe is inaccurate. You also have the right to request TimelyCare to complete information you believe is incomplete.
- The right to erasure – You have the right to request that TimelyCare erase your personal data under certain conditions.
- The right to restrict processing – You have the right to request that TimelyCare restrict the processing of your personal data, under certain conditions.
- The right to data portability – You have the right to request that TimelyCare transfer the data we have collected to another organization, or directly to you, under certain conditions.
- The right to object – You have the right to object at any time to processing of your personal data, under certain conditions.
- The right to lodge a complaint – If you believe we are using, disclosing, or otherwise processing your Personal Information in a way that is not in accordance with applicable law, you can lodge a complaint with the relevant data protection authority in your country. We encourage you to first reach out to us so we have an opportunity to address your concerns directly before you do so.
14. How to Exercise Your Rights.
To opt out of marketing emails, please reply to the email you received or by following the instructions included in the email or text correspondence. Please note that, even if you unsubscribe from certain correspondence, we may still need to contact you with important transactional or administrative information, as permitted by law. Additionally, if you withdraw your consent or object to processing of your Personal Information, or if you choose not to provide certain Personal Information, we may be unable to provide some or all of our Services to you.
To exercise any of the privacy rights afforded to you under applicable data protection laws, please submit a request to us by one of the following methods:
- Calling us toll free at (833) 484-6359
- Submitting a request through our webform.
You will not be discriminated against in any way by virtue of your exercise of the rights listed in this Privacy Notice which means we will not deny goods or Services to you, provide different prices or rates for goods or Services to you, or provide a different level or quality of goods or Services to you. Only you, or an authorized agent that you authorize to act on your behalf, may make a request related to your Personal Information. You may also make a request on behalf of your minor child.
For security purposes, we may request additional information from you to verify your identity when you request to exercise your privacy rights. This information will be used solely to verify your identity in connection with your request and will not be retained. You may use an authorized agent to submit a request to know or a request to delete. When we verify your agent’s request, we may require the agent to provide proof that you gave the agent signed permission to submit the request. We may also ask you to verify your identity or to directly confirm with us that you provided the agent permission to submit the request.
We endeavor to respond to requests within the time period required by applicable law. If we require more time, we will inform you of the reason and extension period in writing.
We will deliver our written response by mail or electronically, at your option.
We do not charge a fee to process or respond to your requests unless they are excessive or repetitive. If we determine that a request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. We may deny certain requests, or only fulfill some in part, as permitted or required by law.
Appeals: If you are not satisfied with the resolution of your request and would like to submit an appeal, please contact us using the information below in Section 16 “Contact Information.”
15. Changes to Our Privacy Notice. TimelyCare reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.
16. TimelyCare Contact Information. If you have any questions or comments about this notice, the ways in which TimelyCare collects and uses your information described above, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
Phone: 1-833-484-6359
Website: https://timelycare.com
Postal Address:
TimelyCare
Attn: Privacy Officer / Data Protection Officer
1315 South Adams
Fort Worth, Texas 76104
17. Acknowledgement and Consent. By using our website, application, and Services, you consent to the collection and use of your personal data as described in this Privacy Notice and to the processing and potential erasure of their personal data as outlined in this Privacy Notice. We remain committed to safeguarding the privacy and rights of our users in accordance with applicable regulations.