Last Revised: December 26, 2023
1. SCOPE AND PURPOSE
This Policy does not extend to Contrast product offerings with their own privacy policies, or third-party websites linked from our Sites and Services. We do not control and are not responsible for the privacy practices of the websites of other entities and we urge you to review any applicable third-party privacy policies for yourself.
Our processing of data on behalf of our healthcare provider customers is governed by the agreements we enter into with our customers, which may include Business Associate Agreements as applicable and required under the Health Insurance Portability and Accountability Act (“HIPAA”). Your healthcare provider may also have its own privacy practices and/or policies that govern its collection and use of your data. We are not responsible for how your healthcare provider treats your information, and we recommend you review their privacy policies.
2. WHAT DOES CONTRAST DO?
Contrast is a provider of network-enabled services for hospital and ambulatory customers nationwide, headquartered in the United States. We offer cloud-based solutions in healthcare to deliver providers with enhanced clinical documentation capabilities in electronic health record systems. Further information about Contrast can be found at www.contrastai.com.
3. WHAT PERSONAL INFORMATION DO WE COLLECT?
While using our Sites and Services, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.
We may also collect information that your browser sends whenever you visit our Sites and Services or when you access Sites and Services by or through a mobile device (“Usage Data”).
This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Sites and Services that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access Sites and Services with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Sites and Services, and to improve and customize our Sites and Services.
You can enable or disable location services when you use our Sites and Services at any time by way of your device settings.
Tracking Cookies Data
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Sites and Services.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Sites and Services.
Examples of Cookies we use:
While using our Sites and Services, we may also collect the following information: sex, age, date of birth, place of birth, passport details, citizenship, registration at place of residence and actual address, telephone number (work, mobile), details of documents on education, qualification, professional training, employment agreements, non-disclosure agreements, information on bonuses and compensation, information on marital status, family members, social security (or other taxpayer identification) number, office location and other data.
Sensitive health data is handled with additional safeguards as per HIPAA regulations.
4. HOW DO WE COLLECT YOUR INFORMATION?
We may collect information from you in the following ways:
We monitor the collection of personal information. On a quarterly basis, we evaluate accuracy of personal information records and attempt to correct inaccurate personal information as necessary. On an annual basis, we review our personal information collection practices to ensure they are in line with this Policy.
5. HOW DO WE USE YOUR INFORMATION?
We use your information:
We may use information that does not identify you and could not reasonably be used to identify you (including information that has been aggregated, anonymized, or de-identified) for any purpose except as prohibited by applicable law.
6. HOW DO WE SHARE YOUR INFORMATION?
We disclose the following categories of personal information for commercial purposes: identifiers, commercial information, internet activity, and geolocation data.
We share information outside of Contrast in the following circumstances:
We also share information with other entities in the following situations:
Notwithstanding the above, we may share information that does not identify you and could not reasonably be used to identify you (including information that has been aggregated, anonymized, or de-identified) except as prohibited by applicable law.
With respect to deidentified patient information, we disclose such deidentified information to third parties only when permissible pursuant to our contractual commitments with our customers and in accordance with Health Insurance Portability and Accountability Act (“HIPAA”) requirements or other applicable law. We employ the safe harbor method or the expert determination method, as enumerated under HIPAA. Those third parties to whom the deidentified data is disclosed are third party service providers/vendors with whom we have relationships and/or academic researchers and/or institutions that are contributing to healthcare.
We conduct quarterly reviews to ensure disclosure of personnel information is in line with this Policy and prevent the disclosure of personal information to third parties unless an individual has given implicit or explicit consent for disclosure.
7. OPT-OUT OF PERSONAL INFORMATION DISCLOSURE TO THIRD PARTIES
At Contrast, we respect your privacy and understand that you may not want your personal information to be shared with third parties for certain purposes. In accordance with our commitment to protect your privacy, you have the option to opt-out of the disclosure of your personal information to third parties.
If you wish to opt-out of having your personal information disclosed to third parties, you can do so in the following way(s):
Email Request: Send an email to our Privacy Team at email@example.com with the subject line "Opt-Out of Personal Information Disclosure." Please include your full name and the email address associated with your account, if applicable.
By opting out, you request that your personal information not be shared with third parties for marketing purposes, analytics, or other similar uses. Please note that this does not apply to information shared for essential business purposes, such as completing transactions, performing services you have requested, or as required by law.
Once you have submitted your opt-out request, we will process it promptly and confirm its implementation. We will maintain a record of your opt-out request to ensure your choice is respected in future data processing and sharing activities.
Opting out may affect your experience with our services, as certain functionalities are dependent on data sharing. We will make efforts to minimize any impact while respecting your privacy choices.
Even after opting out of personal information disclosure to third parties, you may still receive communication from us related to your account, transactions, and necessary service-related information.
8. RETENTION AND PROTECTION OF DATA
While we maintain your information, we protect it using administrative, physical, and technical security safeguards designed to protect your information. When we collect certain sensitive information, we encrypt the transmission of that information using secure socket layer technology (SSL). Despite these measures, we cannot guarantee the security of the information we maintain about you.
We retain information for different periods of time depending on the purposes for which we collect and use it, as described in this Policy. We will not retain information for longer than needed to fulfill these purposes unless a longer retention period is required to comply with legal obligations. Also, there may be technical or other operational reasons where we are unable to delete or de-identify your information. Where this is the case, we will take reasonable measures to prevent further processing your information.
9. COOKIES AND AUTOMATED DATA COLLECTION TECHNOLOGIES
Cookies also help us deliver advertisements, some of which may be tailored to your behaviors on the Sites and Services. We engage third parties to help us deliver these advertisements, and these third parties may collect your information over time and across our Sites and Services (and third party sites) in order to associate different devices you use and further gain insights into the goods and services that may interest you.
To exercise your options with respect to cookies, please select “Cookie Preferences” on the banner that is visible upon first visiting our website, or click link on the bottom of www.contrastai.com labeled, “Cookie Preferences”.
10. SOCIAL MEDIA AND OTHER INTEGRATIONS
Some of our Sites and Services may have social media and technology integrations that are operated or controlled by separate entities. We also may collect information from third party social media and marketing companies to enhance our data sets. Some examples include:
11. STATE CONSUMER PRIVACY RIGHTS
Rights for Residents of Applicable States
If you are a resident of a state with applicable consumer privacy laws, you may have the following rights:
If you live in a state that requires specific consent prior to processing your sensitive personal information for certain purposes, we will obtain such and you can withdraw your consent at any time.
Residents of applicable states may exercise the above rights by:
We may ask you to provide us with information necessary to reasonably verify your identity before responding to your request. We will consider all requests and provide our response within the time period required by applicable law. Please note, however, that certain information may be exempt from such requests. If we deny your request in whole or in part, you may have the right to appeal the decision. In such circumstances, we will provide you with information regarding the appeals process.
Response Timing and Format
We endeavor to respond to a consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.
California Resident Privacy Notice
Below, please find the categories of information we may have collected about you in the last twelve months, the purposes for the collection, and the third parties with whom your personal information may have been disclosed, shared, or sold. For more information on these practices, please see Sections III-VI.
Categories of personal information collected
Purposes for the collection or sharing of personal information
Third parties with whom personal information may have been disclosed, shared, or sold
If you are a California resident, you may have the following rights with respect to the personal information we process about you:
California residents may exercise the above rights by:
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
We may ask you to provide us with information necessary to reasonably verify your identity before responding to your request. We may require you to use your email address in order to perform such verification. We will consider all requests and provide our response within the time period required by applicable law. Please note, however, that certain information may be exempt from such requests. If we deny your request in whole or in part, you may have the right to appeal the decision. In such circumstances, we will provide you with information regarding the appeals process.
You may only make a consumer request for access or data portability twice within a 12-month period. We will not discriminate against you for exercising any of your rights.
Response Timing and Format
We endeavor to respond to a consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.
Any disclosures we provide will only cover the 12-month period preceding the consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
Other California Privacy Rights
California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Sites and Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes in particular: Customers who are residents of California may request (i) a list of the categories of personal information disclosed by us to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. To make such a request, please write us at: Privacy Officer, Contrast AI, Inc. 222 West Merchandise Mart Plaza Suite 1230, Box 15, Chicago, Illinois 60654. We may require additional information from you to allow us to verify your identity and we are only required to respond to requests once during any calendar year.
12. MINOR’S PRIVACY
The Sites and Services are intended for a general audience and are not intended for minors under the age of eighteen. Contrast does not wish to obtain any information from or about such minors through the Sites and Services. If you are under eighteen years old, do not use the Sites and Services.
We do not knowingly gather personal information (as defined by the U.S. Children’s Privacy Protection Act, or “COPPA”) about children under the age of 13. If you are a parent or guardian and you believe we have collected information from your child in a manner not permitted by law, contact us using the information in the “Contact” section below. We will remove the data to the extent required by applicable laws.
We do not knowingly “sell,” as that term is defined under the CCPA, the personal information of minors under 16 years old who are California residents.
13. INTERNATIONAL TRANSFER
Information collected is governed by U.S. law and may be transferred to, processed, and stored in the U.S. and other jurisdictions.
We are based in the U.S. and the information we collect is governed by U.S. law. If you are accessing the Sites and Services from outside of the U.S., please be aware that information collected through the Sites and Services may be transferred to, processed, stored, and used in the U.S. and other jurisdictions. Data protection laws in the U.S. and other jurisdictions may be different from those of your country of residence. Your use of the Sites and Services or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of information about you in the U.S. and other jurisdictions as set out in this Policy.
We review and compare our privacy program and Policy to requirements of applicable law and regulations at least annually. We reserve the right to make updates and revisions to this Policy at our discretion and at any time. When we make changes to this Policy, we will post the updated notice on www.contrastai.com/legal and update the effective date. Any changes will be effective as of the “Effective” date. Your continued use of our Sites and Services following the posting of changes constitutes your acceptance of such changes.
15. UPDATES TO SITES AND SERVICES
Contrast’s Privacy Officer reviews and approves changes to Sites and Services to ensure compliance with this Policy prior to implementation.
Contrast’s Privacy Officer presides over this Policy and data subject concerns. If you have any questions or comments about this Policy, the ways in which Contrast collects and uses your information described here, your choices and rights regarding such use, or you wish to exercise your rights under an applicable state law, please contact us by:
Last Revised: September 17, 2023
The following terms and conditions (the “Agreement”) govern all use of the www.contrastai.com website (the “Site”). The Site is owned and operated by Contrast, Inc. (“Contrast”). Access to the Site is offered subject to your (and the entity or company you represent) (the “User”) acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Contrast. BY USING OR ACCESSING ANY PART OF THE SITE, YOU AND THE ENTITY AND COMPANY YOU REPRESENT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU NOT AGREE, DO NOT USE OR ACCESS THE SITE.
Contrast reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User’s responsibility to check this Agreement periodically for changes. User’s continued use of the Site following the posting of any changes to this Agreement constitutes acceptance of those changes.
To the extent User and Contrast have executed a commercial or master agreement (such as a subscription agreement) for access to any of Contrast’s products or services, such agreement will control.
User has a non-exclusive right to access the Site solely for User’s own personal use.
2. SITE CONTENT.
User agrees that all content and materials (collectively, “Content”) delivered via the Site or otherwise made available by Contrast at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Contrast in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, User may print or download a reasonable number of copies of the materials or content on the Site for User’s own informational purposes; provided, that User retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of Contrast.
Use of Content for any purpose not expressly permitted in this Agreement is prohibited. Any rights not expressly granted herein are reserved.
User shall not submit any information to the Site that is false, misleading or inaccurate.
User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Contrast reserves the right to bar any such activity.
User shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Contrast server, by hacking, password “mining”, or any other illegitimate means.
User shall not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. User shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Contrast, including any Contrast account not owned by User, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Site.
User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Contrast’s systems or networks, or any systems or networks connected to the Site or to Contrast.
User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
User shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal User sends to Contrast on or through the Site. User shall not, in connection with the Site, pretend (e.g. through impersonation) that User is any other individual or entity.
User shall not use the Site for any purpose that is unlawful or prohibited by this Agreement, or which infringes the rights of Contrast or others.
4. THIRD PARTY SITES.
The Site may permit User to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Contrast’s control, and User acknowledges that Contrast is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Contrast. User further acknowledge and agrees that Contrast shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource.
User is responsible for all of its activity in connection with the Site. User shall defend, indemnify, and hold harmless Contrast and each of its employees, contractors, directors, suppliers and representatives from all liabilities, damages, losses, settlements, claims, actions, demands, costs and expenses, including attorneys' fees, that arise from or in connection with User’s (i) use or misuse of the Site, or (ii) violation of this Agreement.
6. WARRANTY DISCLAIMER.
THE SITE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO USER INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
7. LIMITATION ON LIABILITY.
IN NO EVENT SHALL CONTRAST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SITE (OR ANY CONTENT OR INFORMATION AVAILABLE ON THE SITE): (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (III) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (IV) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR INFORMATION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER’S USE OF ANY CONTENT OR INFORMATION POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SITE, OR (V) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10.00 (U.S.). THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Contrast may terminate User’s access to all or any part of the Site at any time, with or without cause, effective upon notice thereof to User or blocking User from accessing the Site. Customer may terminate this Agreement by ceasing to use the Site. Sections 5 though 10, as well as all license restrictions, will survive termination of this Agreement.
9. ELECTRONIC COMMUNICATIONS.
When User visits the Site or send e-mails to Contrast, User is communicating with Contrast electronically. User hereby consents to receive communications from us electronically. User agrees that all agreements, notices, disclosures and other communications that Contrast provides to User electronically satisfy any legal requirement that such communications be in writing.
All notices to User may be provided by Contrast via email or account notification. Any legal notices to Contrast must be sent to Contrast AI Inc., 222 West Merchandise Mart Plaza Suite 1230, Box 15, Chicago, IL 60654. In addition, legal notices must also be sent to Legal@ContrastAI.com (but, notwithstanding earlier receipt via email, legal notices will be deemed received when the physical notice is received as set forth in preceding sentence).
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Contrast shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Contrast’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Contrast’s prior written consent. Contrast may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Illinois, as if made within Illinois between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in Chicago Illinois. Notwithstanding the foregoing sentence, (but without limiting either party’s right to seek injunctive or other equitable relief immediately, at any time, in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be settled by arbitration in accordance with the rules and procedures of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”). The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court. The arbitration proceeding shall take place in Chicago, Illinois, using the English language. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Contrast in any respect whatsoever.