Changes to Our Policy
Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economical and Clinical Health Act (HITECH Act)
Information We May Collect
Non-Personally Identifiable Information
When you visit our Website, we may passively collect non-personally identifiable information about you via certain Internet technology tools. This information consists of your IP address, cookies and web beacons, as well as information regarding the type of browser and operating system that you use, along with other similar analytic data. We may also collect information about your usage of and interaction with SLIBS’s website, services, products, including computer and connection information, device capability, and traffic to and from our website. Additionally, if you are using your mobile device to access SLIBS’ mobile website, we may also obtain the location of your mobile device with your express consent.
Your “IP address” is usually associated with the network location and physical location from which you enter the Internet.
The term “cookies” refers to electronic data stored by your computer browser. The cookies enable us to facilitate your access to different aspects of the Website. For example, by showing when and how you visit our Website, cookies help us to see which pages of the Website are popular and which are not. Cookies can also help us to improve your enjoyment of this Website, for example, by remembering your address or other information when you request information or services on the Website. Most web browsers automatically accept cookies, but you can disable this function so that your browser will not accept cookies. Please be aware that if you disable this function, it may impact your use and enjoyment of the Website.
The term “web beacons” refer to Internet tools, such as transparent images on the Website or in emails that we may send to you that help us to determine, for instance, whether a page has been viewed or an email opened. For example, when you ask us to send you information on a promotion or newsletter, we may use web beacons to determine how many of the emails that we sent you were actually opened. In general, any electronic image viewed as part of a web page, including a banner ad, can contain a web beacon. These Internet technology tools allow us to track the internet browser most commonly used to access our site and the pages that are most popular, which statistics assist us in making our Website more user-friendly and accessible.
If you are on our mobile website, you will be asked whether you want us to access your geographic location based on the location of your mobile device. If you select yes, and save that setting, we will access and collect that data to be used as set forth below.
We may also ask that you participate in anonymous surveys, which allow us to collect additional data to help us improve our site and services. Participation in such surveys is voluntary and is not connected to any of your personal information.
We may use third party service providers to assist us in collecting and analyzing this non-personally identifiable information.
SLIBS advertisements may appear on third party websites delivered to you by its carefully selected ad-serving partners (“Ad-Serving Partners”). SLIBS and its Ad-Serving Partners may use non-personally identifiable information about your relationship with SLIBS’s Websites in order to provide advertisements likely to be of greater interest to you and to help SLIBS measure and improve the performance of its advertising campaigns. SLIBS and its Ad-Serving Partners typically use a cookie or web-beacon to collect this information.
You may choose to opt-out of the use of your information in SLIBS’s advertising efforts by clicking on the following link: [insert link]
If you choose to opt-out, SLIBS’s advertisements will still be delivered to you but no information about your relationship with SLIBS Websites will be available for this purpose.
Personally Identifiable Information
We may use third party service providers to assist us in collecting and maintaining this personally identifiable information. However, we require such service providers to maintain the confidentiality of such information.
How We Use the Information We Collect
Non-Personally Identifiable Information
We use non-personally identifiable information in the aggregate to determine how much traffic the Website receives, to statistically analyze Website usage, to improve our content, and to customize the Website’s content, layout and services. In addition, we may use your IP address to help diagnose problems with our server, to manage the Website and to enhance the Website based on the usage pattern data we receive. Furthermore, if you are using our mobile website, upon you first granting us permission, we will obtain the location of your mobile device in order to allow us to provide you with information.
Personally Identifiable Information
We will use personally identifiable information for: (i) the purpose for which you provide it; (ii) as otherwise may be disclosed at the point of collection; and/or (iii) for the purposes described below. For example, we may use your financial and insurance information to process payments you request or otherwise adjust your account. Except as provided herein, we will not send you promotions or announcements unless you give us permission to do so.
We may use your personal information if you contact us with questions regarding your specific use of the SLIBS program or services.
We may use your personal information to provide you with certain medical content, information, other services or products that we believe may be of interest or use to you and/or provide you with a customized or enhanced experience of the Website or using the SLIBS program comprising the mobile application.
SLIBS uses personally identifying information you supply through the APP to provide you with the service you have requested. For example, we may use your e-mail address to send you a confirmation notice and other information about us and our services. We may also use the information to communicate with you about new features, products or services, and/or to improve the services that we offer by tailoring them to your needs. We may also use Your data for statistical and research purposes, in which event Your personal identity will not be utilized or disclosed. By using the Services and/or the APP, you authorize SLIBS to use any and all of your data and information disclosed through accessing and using the Site, the Services, and/or the APP for any purpose consistent with this paragraph and as otherwise provided in this Agreement.
In addition, we may use your personal information in the aggregate in a non-identifiable way in order to better understand the services being provided, how to improve these services and how to improve the Website. We may also use your personal information coupled with your usage of the SLIBS program or services in the aggregate but sanitized of your specific identity for research, statistical and analytical purposes in order to study the results and effectiveness of the SLIBS program or services. By using the Website, you acknowledge and agree that SLIBS may not provide you with notice before this aggregated information is sent to third parties; however, such information will be rendered anonymous prior to disclosure.
SLIBS may also access or process your communications for technical reasons if required to properly route the communication, satisfy technical requirements or network policies, meet your customer service requests, or prevent any disruption to the Website. When SLIBS bills customers for its services, SLIBS provides your information to a credit card processing company. SLIBS may also keep this information on its servers so as to be able to respond to inquiries by you and/or any payment processing company.
In order to provide you with the products and services you have requested, SLIBS may, if necessary, share your personal and traffic data with SLIBSs affiliates, group companies, carriers, partner service providers and/or agents, WiFi access service providers, distributors of SLIBS software and/or SLIBS services and/or products, and/or third party banking organizations or other providers of payment, email delivery, analytical, customer support or hosting services. SLIBS will use commercially reasonable practices to require these third parties to take appropriate organizational and technical measures to protect your personal data and traffic data.
Unless otherwise specified on the APP, SLIBS may sell or share personally identifying information with our affiliates and with carefully selected companies who we think can offer you services and products of interest to you. If you do not wish to have your personally identifying information shared, send us an email at the address set forth at the end of this document. If you do not wish to receive future commercial communications from us by e-mail, simply follow the unsubscribe instructions contained within the e-mail. If you’ve registered for any part of the APP, please use the mechanism on the APP that allows you to change or update Your information, to keep all such date accurate and up-to-date.
As SLIBS continues to develop its business, SLIBS might sell to or acquire other companies or business units. In such transactions, as well as in the event SLIBS or substantially all of its assets are acquired by a third party, personal information of SLIBS users will generally be one of the transferred business assets. We reserve the right to include your personal information, collected as an asset, in any such transfer to a third party.
Authorization to Collect, Use and Disclose Health and Medical Information (“Individual Health Information”)
By virtue of participating in and using the Website, you authorize SLIBS to collect, use and disclose your Individual Health Information for the purpose of conducting research on the efficacy of the SLIBS psychological intervention methods on the frequency and severity of IBS symptoms, improving the content of SLIBS program or services, and maintaining the technical aspects of SLIBS.
Your Individual Health Information that may be collected, used or disclosed to conduct this research includes the answers provided in the survey component of SLIBS.
The Individual Health Information disclosed by you during the course of your use of SLIBS may be received, viewed and/or used by the following:
- Michael Mahoney, creator of SLIBS, a leading British clinical hypnotherapist with over 26 years of experience treating IBS
- SLIBS employees who collect, compile and use your Individual Health Information in order to provide services
- A medical or other health care provider designated by you
All SLIBS employees who have access to your Individual Health Information have been trained to maintain strict confidentiality in accordance with HIPAA Privacy Rule standards. Third parties who have access to your Individual Health Information, as a condition of their contract with SLIBS, must agree to maintain strict confidentiality in accordance with HIPAA standards.
Your Individual Health Information may be used for the purpose of conducting research on the efficacy of the SLIBS psychological intervention method’s impact on any and all aspects of IBS, its symptoms, and affects. This research may be ultimately compiled and presented as research papers and/or reports. By virtue of your use of the Website, you acknowledge that SLIBS may not give notice to you prior to the publication of such research papers and/or reports. However, your Individual Health Information will be rendered anonymous before the publication of such research papers and/or reports.
There are laws that may require your Individual Health Information to be disclosed for public purposes. Examples include potential disclosures if required for mandated reporting of abuse or neglect, judicial proceedings, health oversight activities and public health measures.
This authorization does not have an expiration date.
Other Uses and Disclosures of Your Individual Health Information
Even if not specifically listed below, SLIBS may use and disclose your Individual Health Information as permitted or required by law or as authorized by you. We will make reasonable efforts to limit access to your Individual Health Information to those persons or classes of persons, as appropriate, in our workforce who need access to carry out their duties. In addition, if required, we will make reasonable efforts to limit the Individual Health Information to the minimum amount necessary to accomplish the intended purpose of any use or disclosure and to the extent such use or disclosure is limited by law.
- For Treatment—We may use and disclose your Individual Health Information to provide you with treatment or related services provided by SLIBS. If, in your sole and absolute discretion, you elect to have SLIBS disclose your Individual Health Information to your personal physician or any other medical or professional advisor as designated by you, SLIBS will endeavor to make such disclosure (which will require your designated recipient to purchase the applicable professional version of the SLIBS Website to enable such disclosure) of Your Individual Health Information. Your designated professional advisor may use your Individual Health Information, your progress, interim results of using the SLIBS program, and any other medical or health related information obtained therefrom in order to assist you with your treatment of IBS.
- For SLIBS Operations—We may use and disclose your Individual Health Information as necessary for operations of SLIBS, such as quality assurance and improvement of the service provided by SLIBS and for general administrative activities of SLIBS. For example, your Individual Health Information may be used by SLIBS to gather specific information about users for the purpose of developing statistics correlating symptoms, age, gender, habits, life-style, etc., with use of the SLIBS program, its effectiveness within certain groups, individual user progress, user-friendliness of program, ease of interaction between user and the program, etc. Your Individual Health Information will also be used to update the program, make improvements and modifications to better serve the user-base. To the extent possible, SLIBS will make every effort to utilize your Individual Health Information on an anonymous basis when using it for SLIBS operations or statistical or research analysis.
- Business Associates—There may be some services provided by our business associates, such as technology consultants. We may disclose your Individual Health Information to our business associate so that they can perform the job we have asked them to do. To protect your Individual Health Information, we require our business associates to enter into a written contract that requires them to appropriately safeguard your information.
- Treatment Alternatives and Other Health-Related Benefits and Services—We may use and disclose Individual Health Information to tell you about or recommend possible treatment options or alternatives and to tell you about health-related benefits, services or medical education classes that may be of interest to you.
- Public Health Activities—We may disclose your Individual Health Information to a public health authority that is authorized by law to collect or receive such information, such as for the purpose of preventing or controlling disease, injury or disability; reporting births, deaths or other vital statistics; reporting child abuse or neglect; notifying individuals of recalls of products they may be using; notifying a person who may have been exposed to a disease or may be at risk of contracting or spreading a disease or condition.
- Health Oversight Activities—We may disclose your information to a health oversight agency for activities authorized by law, such as audits, investigations, inspections, accreditation, licensure, and disciplinary actions.
- Judicial and Administrative Proceedings—If you are involved in a lawsuit or a dispute, we may disclose your Individual Health Information in response to your authorization or a court or administrative order. We may also disclose your Individual Health Information in response to a subpoena, discovery request, or other lawful process if such disclosure is permitted by law.
- Law Enforcement—We may disclose your Individual Health Information for certain law enforcement purposes if permitted or required by law. For example, to comply with a court order, warrant, or similar legal process.
- Research Purposes—Your Individual Health Information may be used or disclosed for research purposes, but only if the use and disclosure of your information has been reviewed and approved by a special Privacy Board or Institutional Review Board, or if you provide authorization.
- To Avert a Serious Threat to Health or Safety—We may use and disclose your Individual Health Information when necessary to prevent a serious threat to your health or safety or the health or safety of the public or another person. Any disclosure, however, would be to someone able to help prevent the threat.
- Military and National Security—If required by law, if you are a member of the armed forces, we may use and disclose your Individual Health Information as required by military command authorities or the Department of Veterans Affairs. If required by law, we may disclose your Individual health to authorized federal officials for the conduct of lawful intelligence, counter-intelligence, and other national security activities authorized by law. If required by law, we may disclose your Individual Health Information to authorized federal officials so they may provide protection to the President, other authorized persons, or foreign heads of state or conduct special investigations.
Access to Your Personally Identifiable Information
Upon written request and verification of your identity, we will provide you with your personal information in our possession as well as the personal information, if any, that we have disclosed to third parties. Requests for such information should be sent to the contact information below.
You have the right to access and, where relevant, to amend your personal information. You may inform us of any changes in your personal data, and in accordance with our obligations under the Data Protection Acts of 1988 and 2002 we will update your personal data accordingly. Some of your information may be viewed or edited online by signing into your account page on soundslikeibs.com We will respond to requests to view, correct, complete or remove your personal information within a reasonable period of time and upon verification of your identity. Please address any questions to us at firstname.lastname@example.org
SLIBS will exercise commercially reasonable efforts to accommodate requests to delete personal information unless it is required to be retained by law or for lawful business purposes. However, please note that due to the technical nature of the network, it can sometimes take up to two weeks before your SLIBS ID disappears completely from the network. Your details may still appear in the search directory during this time
Handling of Electronic Records and Backup
We maintain backup files as a protection against natural disasters, equipment failures, or other disruptions. Backup files protect you and us because they lower the risk of losing valuable data. Backup files may contain records with your personal information. Removing a record from our active files and databases does not remove that record from any backup systems. Such backup data will eventually be passively deleted as backup records are erased through the normal recycling of backup files. In the meantime, as long as backup records exist, they receive the same security protections as our other records.
However, SLIBS is under no obligation to maintain or store any such historical records and you should not rely on SLIBS’s storage of, or ability to retrieve, any such historical records for any reason. Historical records and your information will be stored for the maximum period of time required by applicable law from the date of your initial use of the Website. By using the Website, you consent to the storage of your information disclosed to SLIBS through use of the Website.
Communications between your browser and portions of the Website containing personally identifiable information are protected with 256-bit symmetric AES encryption (approved by the US National Security Agency for top-secret information) and RSA 2048 encryption. This encryption is to help protect your information while it is being transmitted. Once we receive your information we strive to maintain the physical and electronic security of your personal information using commercially reasonable efforts.
NO DATA TRANSMISSION OVER THE INTERNET OR ANY WIRELESS NETWORK CAN BE GUARANTEED TO BE PERFECTLY SECURED. AS A RESULT, WHILE WE STRIVE TO PROTECT YOUR PERSONAL INFORMATION USING COMMERCIALLY AVAILABLE AND INDUSTRY STANDARD ENCRYPTION TECHNOLOGY, WE CANNOT ENSURE OR GUARANTEE THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US, AND YOU DO SO AT YOUR OWN RISK.
In the Event of a Security Breach of Your Personal Information
If we determine that your personal information has or may reasonably have been disclosed due to a security breach of our systems, we will notify you, at the contact information provided to us, in accordance with and to the extent required by applicable state and federal law.
Third Party Privacy Practices
If you use any extras, plug-ins or third party applications together with the SLIBS Website, the provider of such applications may obtain access to certain personal information about you. SLIBS does not and cannot control how the provider of applications may use any personal information collected in connection with such applications. Please ensure that you review any privacy policies or other terms applicable to the use of such application before installation.
Safe Harbor Certification
SLIBS is a participant in the Safe Harbor program developed by the U.S. Department of Commerce and the European Union. We certify that we adhere to the Safe Harbor Privacy Principles agreed upon by the U.S. and the E.U. For more information about the Safe Harbor visit the U.S. Department of Commerce’s Safe Harbor web site. In the event that any dispute arising out of or related to this policy is not settled by the parties, the parties will attempt in good faith to resolve such dispute by non-binding mediation in accordance with the American Arbitration Association Commercial Mediation Rules. No litigation for the resolution of such dispute may be commenced until the parties try in good faith to settle the dispute by such mediation in accordance with such rules and either party has concluded in good faith that amicable resolution through continued mediation of the matter does not appear likely. The parties to the mediation shall share the costs of mediation equally. Any settlement reached by mediation shall be recorded in writing, signed by the parties, and shall be binding on them.
SLIBS participates in the EU Safe Harbor Privacy Framework as set forth by the United States Department of Commerce. As part of our participation, we agree to the resolution of disputes relating to our compliance in accordance with the Safe Harbor Privacy Framework. If you have any complaints regarding our compliance with the Safe Harbor program you should first contact us. If contacting us does not resolve your complaint, you may raise your complaint with SLIBS by contacting the American Arbitration Association at 6795 N. Palm Avenue, 2nd Flr, Fresno, CA 93704, Tel: 877-528-0880, Fax: 559-490-1919; internet: www.adr.org. If you are faxing or mailing the American Arbitration Association to lodge a complaint, please include the following information: the name of company, the alleged privacy violation, your contact information, and whether you would like the particulars of your complaint shared with the company.
Governing Law; Jurisdiction; Venue
This section shall govern in the event the Safe Harbor Protocol is inapplicable or rendered moot.
This Agreement and any claims or disputes for all purposes related to access and/or use of the Site, the Services, and/or the APP will be governed by and construed in accordance with the laws of England and Wales. Such laws shall exclude any conflict of law provisions. All actions or proceedings based on or relating to Site, the Services and/or the APP, or alleging a breach of this Agreement will be subject to the exclusive jurisdiction of a competent court located in those jurisdictions; provided, however, that in SLIB’s discretion such an action may be heard in some other place designated by it if necessary to acquire jurisdiction over third persons so that the dispute can be resolved in one action. You hereby agree to appear in any such action, consent to the jurisdiction of such courts, and waive any objections you might have as to jurisdiction or venue in any such court. You knowingly and willingly waive your respective right to a trial by jury in any actions or proceedings under or relating to your access and/or use of the Site, the Services and/or the APP.
You agree that the prevailing Party in any such action or proceeding shall be entitled to recover reasonable attorneys’ fees and all costs incurred by such Party in the course of prosecuting or defending any action or proceeding brought under this Agreement.