Privacy Policy | HHAeXchange

Last updated: March 22, 2023

Thank you for using one of our products, which may include without limitation (i) our website, www.hhaeXchange.com; (ii) our mobile application(s); (iii) any desktop or other computer based application(s) or portal(s); or (iv) any other medium through which we offer access to our services to you (collectively, the “Products”). Homecare Software Solutions, LLC d/b/a HHAeXchange (“Company” or “We”) has created this privacy policy (“Privacy Policy) in order to demonstrate our commitment to protecting the privacy of our users. This Privacy Policy explains the information we collect, how that information is collected, disseminated, used, and with whom it is shared. Should you create an account on any of our Products, such account is set up to allow you to interact and share information with other users and allows you to control the amount and type of information you would like to share. By using our Products, you represent and warrant that you have thoroughly read, understand and agree to all terms and conditions stated herein and the terms and conditions set forth in the Terms of Use incorporated herein by reference. If you do not agree with our policies and practices as set forth herein, your choice is not to use our Products. This Privacy Policy may change from time to time. Your continued use of the Products after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.

Note: the privacy practices set forth in this Privacy Policy are for the Products only and we are not responsible for the privacy, hiring practices, or content of other applications, websites, or products you may use in connection with the Products, including those that our Products may link to. If you, the user, elect to link to other applications, websites, or products, please review the privacy policies posted on those products. Nor does this Privacy Policy apply to information we may collect offline.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Products, including information:

by which you may be personally identified, such as name, postal address, e-mail address, telephone number, and any other identifier by which you may be contacted online or offline;
that is about you but individually does not identify you; and/or
about your internet connection, the equipment you use to access our Products and usage details.

When you use the patient side of the application, we collect:

demographic data;
information about the services you are receiving; and
social information

When you use the provider side of the application, we collect:

employment information;
payroll information; and
other information as required by your employer.

This Privacy Policy does not apply to information collected by:

Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
Any third party (including our affiliates and subsidiaries), including through any application or content () that may link to or be accessible from or on the Products.

We collect this information in the following manner:

Information You Provide: You may be required to provide certain personal information in order to access specific features of the Products. You may also choose to provide additional information, including through voluntary surveys and feedback. The information we collect on our through our Products may include:
- Information that you provide by filling in forms on our Products. This includes information provided at the time of registering to use our Products, subscribing to our service, posting material, or requesting further services. We may also ask you for information you report a problem with our Products.
- Records and copies of your correspondence (including email addresses), if you contact us.
- Your responses to surveys that we might ask you to complete for research purposes.
- We may collect precise geolocation when you use our mobile apps. Note that use of our mobile app for Electronic Visit Verification requires you to enable location data in order for your visit to be verified in accordance with Section 12006 of the 21st Century Cures Act (and any similar and/or relevant state regulations).
Automatic Transmission: When you use the Product your mobile applications or your browser may automatically transmit information to us. so that we may improve our services and better serve our users. This information may be used by us in accordance with this Privacy Policy and the Terms of Use. We may automatically collect information related to:
- Details of your visits to our Products, including the resources that you access and use on the Products.
- Information about your computer and internet connection, including your IP address, operating system, and browser type.
Cookies: Depending on the Product being used, we use cookies to collect anonymous information about our users and track the manner in which our users utilize the Product. Cookies are very small data files that inhabit your computer or other devices allowing us to identify users each time they utilize the Product; however, cookies do not allow us to gather personally identifying information. Cookies may be controlled via the settings on your computer or other device; however, limiting the use of cookies may hinder your use of our Products. The use of cookies is done to improve the quality of our service and create a customized, personable experience for each of our users. While our primary goal regarding the use of cookies is to provide a unique experience for our users, we may also use cookies to track the number of people who visit certain areas of the Products.

Use of Information

We strive to improve and personalize the experience of each user. More specifically, we may use the information we collect about you as follows:

to manage your account and provide you with necessary customer support so as to allow you to derive the greatest benefit from our Products;
to deliver all requested Products and services to you in an efficient manner;
to communicate with you via various communication devices and services regarding Products and services that you may be interested in;
to research, analyze and utilize your use and interest in our various services and Products;
to enforce the Terms of Use and Privacy Policy;
to manage Company business;
to diagnose problems with our server and to manage the Products;
to improve our Products and to deliver a better and more personalized service, including by enabling us to estimate our audience size and usage patterns; store information about your preferences, allowing us to customize our Products according to your individual interests; speed up your searches; and recognize you when you return to our Products;
in connection with any other functions described at the time the information is collected;
in the case of geolocation data collected through our mobile app, to conduct Electronic Visit Verification for purposes relating to compliance with the 21^st Century Cures Act and any similar and/or related state regulation(s); and
to fulfill any other purpose for which you provide such information.

Any information submitted to Company through our Products in connection with applying for a position with our company will be used solely for the purpose of considering and moving forward with your application. We may retain personal information from your application for the purpose of considering your application for current or future employment needs with our company and such information may be shared with third-party service providers whom we retain to gather, maintain, and evaluate candidate applications for job postings.

With Whom We Share Information

Personal Information: Except as indicated herein, we do not share your personal information with others unless we have notified you and given you a reasonable opportunity to opt out of having your personal information shared with others. We may share your personal information as follows:
Service Providers: Third parties who perform services on behalf of the Company may require some personal information from users in order to complete their respective services. For example, these services may include customer service, marketing assistance, Product support, business analysis, and member screening. All such service providers are prohibited from sharing or using any personal information for any purposes. We will not share your credit card information with anyone other than our authorized credit card payment processors.
Business Partners: Some of our services are offered in conjunction with partner companies and we may share some of your user data with such partners.
Non-Personal Information: We may share non-personal information in a variety of situations including with all entities referenced above. Further, such information may be shared with Company advisors and investors.
Other Situations: In addition to the above, we may disclose your personal or non-personal information in the following situations:
- Affiliates: We may share information with our subsidiaries and affiliates.
- Purpose: We may share information to fulfill the purpose for which you provide it.
- Significant Corporate Transaction: In the event of a significant corporate transaction which may include, but is not limited to, a sale, merger, consolidation of our business, or the sale of all or substantially all of the Company’s assets;
- Legal: We may also disclose your personal or non-personal information as follows:
  - in response to a subpoena or similar legal requirement;
  - to comply with applicable law or cooperate with law enforcement or other government agencies;
  - to establish or exercise our legal rights including enforcing our Product’s terms and conditions or other agreements and policies;
  - to defend against legal claims;
  - to aid with efforts to investigate, prevent, or take action regarding suspected illegal activity such as fraud or other wrongdoing;
  - to protect and defend our company, users, employees, and others; and
  - as otherwise required by law.
- Consent: We may share information with your consent.
- Protection: We may share information if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers, or others.

In any situation, we reserve the right to raise or waive any legal objection or rights available to us.

Your Choices Regarding Collection and Use of Your Information

You, as a user, have the following choices regarding information provided to the Site:

Changing Account Information: Upon the creation of your account, your personal settings will be automatically set to a default position which you have the ability to change at any time. You may review and change any personal information provided to us or any of your personal account settings at any time by logging in to your account.
Closing Your Account: You may close your account at any time. Upon the removal of your account, we will remove all personal information from public view on the Products. We expressly disclaim any liability arising from the retention and/or deletion of information. We do not control the procedures of third parties and thus are not responsible for any information remaining in the public domain after removal from the Products.
Opting Out of Marketing Emails: You may unsubscribe from marketing and advertising emails at any time by clicking the unsubscribe link in emails you receive from us and following the instructions provided.

Information Retention Policy

We retain information provided by our users as long as is necessary for us to perform the services requested. We will delete information from our databases as required by law (e.g. Children’s Online Privacy Protection Act). If you send us a written request to delete any of your account information, we will respond to such request and comply as we deem appropriate, in our sole discretion. Please submit such requests to [email protected]. Please note that your right to request the deletion of your information is subject to our legal record retention requirements and deletion may not be permitted in some instances. By using the Products, you hereby represent and warrant that you understand and agree that all information submitted by you to the Products becomes Company’s property and will be used in accordance with this Privacy Policy and the Terms of Use in the sole discretion of Company.

Children’s Policy

Our Products are restricted to individuals fourteen (14) years of age and older. No one under the age of fourteen (14) may provide any information on the Products. We do not knowingly collect information from children under the age of fourteen (14). If we are informed that a user is under the age of fourteen (14), we will immediately close that user’s account and delete such information. Should you have knowledge that a user is under the age of fourteen (14), please contact us immediately.

Visiting the Site from outside the U.S.

This Privacy Policy is intended to cover the collection of information on the Products from United States residents only. If you are utilizing the Products outside the United States, please know that by using the Products, you understand and agree that your information may be moved to, accumulated and processed in the United States where our servers are located and our central database is operated and such information may be transferred to our third parties with whom we share such information as described in this Privacy Policy. If you are located in the EU/EEA, please see our GDPR Notice below.

User Obligations

Users have various obligations with respect to other users that are either imposed by applicable law or have become commonplace in similar online communities. Any violation of these obligations may lead to a restriction of available services or suspension or termination of your account. In addition to abiding by our Privacy Policy and the Terms of Use at all times, users are expected to respect all intellectual property rights of others, including third parties. Users are prohibited from downloading or distributing any information that may violate the purpose of the Company including information that may be injurious, violent, offensive, or racist (such harmful information includes any information that may harm your person or your professional or social status or that of another).

Security

All information provided by users will be protected in accordance with industry standard protocols and technology. We have physical, electronic and procedural security measures in place to prevent misuse and modification of your information under our control and to prevent any loss thereof. We do not collect users’ personal information other than as set forth herein or with respect to any specific transactions, consents or disclosures. In order to further protect your personal information, access to your account is password-protected so that only you and authorized Company employees have access to your account information. Additionally, we regularly analyze the Products for possible vulnerabilities that could lead to a security breach. It is your responsibility to secure your log in information and prevent others from discovering such information. Extremely sensitive information, such as credit card information, is transmitted in encrypted form. Unfortunately, the internet, mobile networks, and other networks our Products rely on are not completely secure and thus we cannot 100% guarantee the security of any information provided to Company by our users. Please also note that email and other communication methods may not be secure and you should avoid sending any personal information via such channels.

Polls and Surveys

We and our third party affiliates may occasionally conduct polls and surveys in which you may be invited to participate. Such invitation may be random or may be based on non-identifiable information gathered by us or the third party. Your participation is completely voluntary and you may be asked to provide personally identifiable information in order to participate. Information gathered in connection with surveys or polls will be used only in connection with that survey or poll and will not be disclosed with any third parties unless specifically requested and consented to. You may opt-out of participation in any polls or surveys by changing your personal account settings.

PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

Effective Date: January 23, 2023

Last Updated on: January 23, 2023

This Privacy Notice for CaliforniaResidents supplements the information contained in Company’s Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Notice.

Information We Collect

We collect Personal Information. Personal Information does not include:

Publicly available information from government records.
Deidentified or aggregated consumer information.
Information excluded from the CCPA’s scope, like:
- health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA), clinical trial data, or other qualifying research data;
- personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Identifiers (name, IP address, postal address, unique personal identifier, online identifier, email address, driver’s license number, or similar identifiers)
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) (name, Social Security number, address, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.)
Protected classification characteristics under California or federal law (Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status.
Internet or other similar network activity (browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement)
Geolocation data (physical location or movements)
Professional or employment related information (current or past job history or performance evaluations)
Inferences drawn from other personal information (profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.)

We obtain the categories of personal information listed above from the following categories of sources:

Directly from you. For example, from forms you complete or products and services you purchase.
Indirectly from you. For example, from observing your actions on our Products.

Use of Personal Information

We may use, or disclose the personal information we collect for one or more of the following purposes:

To fulfill or meet the reason you provided the information.
To provide, support, personalize, and develop our Products and services.
To create, maintain, customize, and secure your account with us.
To process your requests, purchases, transactions, and payments and prevent transactional fraud.
To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
To help maintain the safety, security, and integrity of our Products and services, databases and other technology assets, and business.
For testing, research, analysis, and product development, including to develop and improve our Products and services.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to you when collecting your personal information or as otherwise set forth in the CCPA.
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our consumers is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may share your personal information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, Company has disclosed personal information for a business purpose to the categories of third parties indicated in the chart below.

We do not sell personal information. In the preceding twelve (12) months, Company has not sold the following categories of personal information to the categories of third parties indicated in the chart below.

Personal Information Category	Category of Third-Party Recipients
Business Purpose Disclosures	Sales/Sharing
Identifiers.	Service Providers	None
California Customer Records personal information categories.	Service Providers	None
Protected classification characteristics under California or federal law	Service Providers	None
Internet or other similar network activity	Service Providers	None
Geolocation data	Service Providers	None
Professional or employment related information	Service Providers	None
Inferences drawn from other personal information	Service Providers	None

Your Rights and Choices

The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Right to Know and Data Portability

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the “right to know”). Once we receive your request and confirm your identity (see Exercising Your Rights to Know, Delete, or Correct), we will disclose to you:

The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
The specific pieces of personal information we collected about you (also called a data portability request).

Right to Delete

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive your request and confirm your identity (see Exercising Your Rights to Know, Delete, or Correct), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

Right to Correct

You have the right to correct personal information that we hold about you (the “right to correct”).

Exercising Your Rights to Know, Delete, or Correct

To exercise your rights to know or delete described above, please submit a request by either:

Calling us at 855.400.4429
Emailing us at dpo@hhaexchange .com

Only you, or someone legally authorized to act on your behalf, may make a request to know. delete, or correct related to your personal information.

You may also make a request to know, delete, or correct on behalf of your child.

You may only submit a request to know twice within a 12-month period. Your request to know. delete. or correct must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

You do not need to create an account with us to submit a request to know, delete, or correct. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in the request to verify the requestor’s identity or authority to make it.

Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact [email protected].

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), 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.

The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the 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 will only use Personal Information provided in an opt-out request to review and comply with the request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

GDPR NOTICE

In compliance with the European Union (“EU”) General Data Protection Regulation (“GDPR”), we may rely upon one or more legal bases defined in the GDPR to collect, use, share and otherwise process the Personal Information of individuals located in the EU, including where:

Necessary to perform a contract we have with you, such as our terms of engagement, and to provide the services;
You have consented to the processing (in which case you may revoke your consent at any time);
Necessary for us to comply with a legal obligation, or to establish, exercise or defend legal claims;
Necessary to protect your vital interests or those of others;
Necessary in the public interest; and
Necessary for the purposes of Company or a third party’s legitimate interests, provided that those interests are not overridden by your interests or fundamental rights and freedoms.

Where we collect, use, disclose and otherwise process your information based on legitimate interests, we may rely on the following interests:

Marketing our products: We use your information as necessary to pursue our legitimate interests in marketing our products to you. For example, where permitted by digital marketing law, we may contact you by email to let you know of products you might be interested in.
Providing, improving and developing our products: We use your information as necessary to pursue our legitimate interests in tailoring and improving our products. For example, we may send you a survey or questionnaire to understand your experience in purchasing from us.

If you are located in the EU, under certain circumstances, you may have certain legal rights under the GDPR, including:

To access the personal data we maintain about you
To receive information about how we process your personal data
To correct your personal data
To have your personal data erased
To object to or restrict how we process your personal data
To request your personal data be transferred to a third party
To withdraw any consent you may have given us to process your personal data

If you are an EU resident, you have the right to object to our processing that is based on legitimate interests by contacting us at the address below. If you are located in the EU and you believe that we have infringed your rights under the GDPR, please contact us by sending an email to [email protected].

Changes to the Privacy Policy

We occasionally update this Privacy Policy and will post changes along with the date of the last update at the top of this Privacy Policy. Please check back periodically so as to inform yourself of any changes to this policy or any other Company policies. Should we make any material changes to this Privacy Policy, we will notify you by means of notice on the home or landing pages of our Products. The first time and each time thereafter that you visit the Site, you agree to all terms set forth in this Privacy Policy, the Terms of Use and any other policies published by Company on the Product being utilized. In the event that you object to any changes, please promptly close your account. Please email us at [email protected] with any questions regarding the terms or conditions of any of our policies.

Contact Information

If you have any questions regarding this Privacy Policy please do not hesitate to contact us via email or postal mail as follows:

HHAeXchange
One Court Square
44th Floor
Long Island City, NY 11101
[email protected]