Effective date: March 9, 2021
Welcome to CareServant’s mobile application (“ CareServant App” or “Service”). The CareServant App is operated by CareServant BV (“CareServant”, “Company”, “we”, “our”, or “us”).
This Privacy Notice explains how we collect, use, share and protect information via the CareServant App, and describes the choices that a User and a Customer (defined below) have about the collection and use of personal information from or through the CareServant App. It applies only to information collected, used or stored through the CareServant App about the users of the CareServant App; it does not apply to any other information collected or obtained through other means or to information collected by third parties.
This Privacy Notice establishes terms and conditions that apply to “Customers” and “Users.” “Customers” are businesses and other entities that have separately executed a contract with CareServant for the provision of a suite of software applications and other services (“Services Agreement”). In the course of the day-to-day operations of these Customers, and in connection with the performance of the Services Agreements, these Customers may require their employees (and contractors or other third parties, as applicable) (“Employee”) or patients (“Patients”) to use the CareServant App on smart phones or tablets (“Device(s)”). Each such Employee or Patient may own the Device or may have received it from the Customer for use in the context of their employment or their treatment terms and conditions respectively with the Customer. The conditions for the use of these Devices in connection with a Customer’s business or operation – for example when or how a Customer may monitor the use of a Device – are solely determined by the Customer, and the Customer is solely responsible for communicating these conditions to the Employee or Patient. CareServant has no information and disclaims any liability for the manner in which an Employee or Patient uses a Device for any purpose.
In order to use the CareServant App on an unmanaged Device, an Employee or a Patient must use a user ID and initial password that has been provided by the Customer. The CareServant App cannot be used, and cannot collect any data or information, unless the Employee or the Patient uses that user ID and password.
Customer’s CareServant Administrator may also enforce a password policy for devices running the CareServant App. In order to support this functionality, the CareServant Application may require that you accept that password policy in order to use the CareServant App.
An individual who is either using the CareServant app on a device managed by the Customer or who has downloaded the CareServant App on a personal Device and has been able access the CareServant App as explained above is deemed a “User.”
Unless otherwise provided in a separate agreement, all uses of the CareServant App are deemed made by Users on behalf of, and for the benefit of, the CareServant Customer who gave access to the User, such as providing that User with the agreed upon user ID and initial password. The CareServant Customer is the only entity who is authorized to make decisions regarding the personal information collected by the CareServant App, including, without limitation, decisions about deletion or disposal of information. Therefore, Users should not have any expectation of privacy when using the CareServant App on any Device.
This Privacy Notice describes how CareServant handles the personal information of the Users that is collected or processed by a Device on which the CareServant App is installed.
To the extent that the CareServant App is used to collect or transmit information about other individuals, for example clients or patients of a Customer, the policies regarding the handling of this other information are provided in a separate document for which the hospital has the responsibility
2. Consent; Modifications
The use of the CareServant App by a User signifies the User’s agreement to the terms of this Privacy Notice. Customers and Users should ensure that they read this Privacy Notice carefully.
We may modify this Privacy Notice from time to time. We will notify Users and Customers of material changes to this Privacy Notice by posting the amended terms in accordance with applicable laws. A User who does not agree with the proposed changes should notify the Customer and cease using the CareServant App before the new Privacy Notice takes effect. If a User continues using the CareServant App after the new terms take effect, the User will be bound by the modified Privacy Notice.
A User who does not agree with our Privacy Notice may elect to uninstall the CareServant App, using the method provided by the Device manufacturer. Please see also Section 9, “Erasure or Disposal of Information.”
3. Information We Collect
We collect the following information from Users when they interact with the CareServant App:
Registration Information: Information the User provides when first accessing the CareServant App; for example, the User’s work email address.
Electronic Communications: Electronic communications the User chooses to share with us, such as support requests.
Device Information: The type of Device on which the CareServant App is downloaded, operating system name and version, application version, and IP address.
Log file information: Log files that record each time a Device accesses our servers, and information about the Device.
Usage Information: Information about how the User uses the CareServant App, such as time, User name and manner of use and interaction with the CareServant App; date stamp, type of access.
Photos: If granted access to the device, the CareServant App has access to all photos taken while using the CareServant App, and allows Users to select and upload the selected photos to the CareServant App for transmittal to the Customer.
Messages: Text messages that are sent or received using the CareServant App.
4. Use of Information
In addition to some of the specific uses of information that are described in this Privacy Notice, we may use the information that we have collected to:
- Facilitate the use of the Service;
- Archive the content of each User’s account;
- Improve, test, and monitor the effectiveness of the CareServant App;
- Compile statistics regarding the use of the CareServant App to identify usage trends;
- Develop features on the CareServant App that may be of interest to Users;
- Perform data analysis, audit, fraud monitoring and prevention; and
- Perform any other functions that we believe in good faith are necessary to protect the security or proper functioning of the CareServant App.
5. Sharing of Information
We will not disclose a User’s information to third parties without giving the User and the Customer prior notice, except as noted in this Privacy Notice.
Unless otherwise agreed between Customer and CareServant, all data or information collected or stored by the CareServant App belongs to the Customer. Thus, we may, upon a Customer’s request, provide the Customer access to all data or information created, received, sent, stored or otherwise processed by the CareServant App on a User’s Device.
Responding to legal requests and preventing harm
We may disclose information about, or associated to, a User or User account to a third party in response to a facially valid request from a government agency or a private litigant in the form of a subpoena, court order or search warrant, or where we believe, in good faith, that it is necessary to do so for the purposes of a civil action, criminal investigation, or other legal matter.
Change of Control
We may disclose information about our Customers to a third party in the event of reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any of our business, assets, or stock, including in connection with bankruptcy or similar proceedings.
6. Links to Third-Party Applications
The CareServant App may allow Users to directly access applications operated by third parties. These links are provided for Users’ convenience only and should be used with caution. We are not responsible for any information these third parties’ services may obtain, and we do not oversee their policies or practices. Users and Customers should review the privacy policies of these third parties to understand how they may use information. This Privacy Notice does not apply to information provided to or gathered by the third parties that operate them.
7. Data Retention
We will retain data or information that a User has collected or generated through the use of the CareServant App in accordance with the direction that we receive from the Customer, as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. Unless specifically instructed otherwise by the customer the CareServant system will delete any identifiable data within 24 hrs after removal of the user from the system.
8. Account Deactivation
Customers have the ability to deactivate, suspend or terminate a User’s CareServant account. For assistance, Customers should contact us as set forth in the “How to Contact Us” section, and we will provide any required assistance.
Any User who wishes to deactivate or terminate his/her account, or remove specific data in his/her account should first contact the Customer. We will follow written instructions sent by or on behalf of the Customer unless they conflict with the section “Data Retention.”
9. Erasure or Disposal of Information
Any User may at any time delete or remove the CareServant App from the User’s Device by following the Device manufacturer’s instructions.
When a User uses the CareServant App on the User’s Device, a copy of all information collected, generated, or stored by the CareServant App on that Device may in certain circumstances be stored on CareServant’s servers. When the CareServant App is removed from a User’s Device, all information previously collected, generated or stored by the CareServant App, while no longer accessible from the Device, remains stored on the CareServant servers.
Unless CareServant is required by applicable law or court order to take a specific action (e.g., preservation, duplication, storage, disposal) with respect to such data or information stored on its servers, CareServant will follow the Customer’s written instructions with respect to the preservation or disposal of such data or information, or if there are not such instructions, will retain such information in accordance with its applicable data retention policy.
10. Information Security
We take reasonable measures to protect any personal information we may hold in order to prevent loss, misuse, unauthorized access, disclosure, alteration and destruction.
Users should not disclose any user ID or password required to access the CareServant App to any third party unless otherwise instructed by Customer and communicated in writing to CareServant. Each User and Customer will be responsible for any use of CareServant under that User’s user ID and password unless they have notified CareServant (in addition to notifying Customer) in writing of the loss or compromise of such information in accordance to the “How to Contact Us” section, and CareServant has acknowledged receipt of the notice.
The CareServant App is intended to be used for professional or business purposes. Our content is neither directed towards minors nor children who are under the age of 13. We do not knowingly collect personal information from children under the age of 13.
12. How to Contact Us
If you have any questions about this Privacy Notice, please contact us by email at support@CareServant.com.
13. Specifics for GDPR
The European Union’s General Data Protection Regulation, or GDPR, enhances the existing framework for companies that process the personal data of EU-based residents. It came into effect on May 25, 2018, bringing with it a host of new obligations for those companies, and new privacy rights for their end users.
b. CareServant GDPR Commitment
CareServant gives utmost importance to the data privacy of its customers. In compliance with the GDPR regulation effective from May 25, 2018, CareServant hereby confirms upon the data privacy, security & transparency commitment, the company offers to all its customers.
c. Principles for Processing Personal Data
Fairness and Lawfulness – When we process personal data, the individual rights of the Data Subjects must be protected. All personal data must be collected and processed in a legal and fair manner.
Restricted to a Specific Purpose. The personal data of Data Subject must be processed only for specific purposes.
Transparency. The Data Subject must be informed of how his/her data is being collected, processed and used.
d. Data Protection Rights
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. If you wish to be informed about what personal data we hold about you and if you want it to be removed from our systems, please contact us. In certain circumstances, you have the following data protection rights:
- The right to access, update or to delete the information we have on you
- The right of rectification
- The right to object
- The right of restriction
- The right to data portability
- The right to withdraw consent