Notice of Privacy Practices

Effective Date: June 25,2019

Teladoc’s Commitment to Your Privacy

Teladoc Health, Inc. on its own behalf and on behalf of its affiliates and/or wholly owned subsidiaries including but not limited to Best Doctors, Inc., Best Doctors Canada, Inc., HealthiestYou, Inc., Advance Medical, Inc., and Teladoc Physicians, P.A. (collectively referred to as “Teladoc Health”, “Teladoc”, “we”, “us”, or “our”), makes certain telehealth related information available to you and/or facilitates your access to telehealth and expert medical services (“Teladoc Services” or “Services”).

During the course of facilitating your access to the Services, Teladoc Health collects your personal and health information. Teladoc Health values our members, including you ("you"), and we respect your privacy. We are required by law to maintain the privacy of the personal and health information we collect about you and to provide you with notice of our legal duties and privacy practices.

This Notice of Privacy Practices (“Notice”) describes the kinds of personal and medical information we collect about you, why we collect it, how we use it, how we protect it, and under what circumstances we share it with third parties. This Notice also describes how you may access the information Teladoc has about you and the rights you have with respect to your personal information. Please review this Notice carefully.

Teladoc must abide by the terms of this Notice while it is in effect. This Notice will remain in effect until Teladoc replaces it. Teladoc reserves the right to change the terms of this Notice at any time, as long as the changes are in compliance with applicable law. If Teladoc changes the terms of this Notice, you will be provided with an updated Notice and asked to agree to it before continuing to use Teladoc Services. If the provisions of this Notice conflict with any other privacy policies of the Company, then the provisions of this Notice shall prevail.

Personal Information Collected and Maintained

For the purposes of this Notice, personal information (“Personal Information”) is any information that may be used to identify you such as name, address, phone number, email, and includes your personal health information.

When you use our Services, whether through our secure web-sites or mobile applications (“Platforms”), telephone, or any other manner, we collect the following types of Personal Information about you:

Personal Information Teladoc Automatically Collects about You

When you register and log in to the Platforms, Teladoc automatically collects all the information noted below. Because certain transactions and activities are available to you on the Platforms, Teladoc must be able to link your activity back to your identity so that changes in our systems can be made and we can track the Services you used. As such, the following information will be collected and identifiable to you:

  • IP address (the computer’s address on the Internet)
  • Operating system (e.g. Windows 10)
  • Browser software (e.g. Internet Explorer, Chrome)
  • Internet Service Provider (e.g. Bell Canada)
  • Geographic location (e.g. Toronto, Canada)
  • Type of device (e.g. iPad, desktop)
  • Mobile device crash information
  • Locale and language of device and whether it has fingerprint/face sensors
  • Dates and time you accessed and used the Platforms, features you used in the Platforms, and how long you use the Platforms overall
  • Links you click and pages you view within the Platform
  • Pages you view before and after you leave the Platform
Personal Information You Provide to Teladoc

During the course of you using the Services, you will provide and Teladoc will collect, your personal health information. Personal health information includes your past, present or future physical or mental health or condition, the provision of healthcare you have or will receive, and your past, present, or future payment for the provision of healthcare. The personal health information Teladoc will collect during your use of the Services includes but is not limited to:

  • Name
  • Address
  • Birth date
  • Email address
  • Telephone number
  • Medical Records and previous medical history
  • Diagnosis and symptoms
  • Claims information
  • Lab tests and reports
  • Radiology tests and reports
  • Family medical history
  • Treatment plans and notes
  • Prescribed medications
  • Credit card or payment information, if necessary for the Services being provided

Telephone calls, emails, and other communications between you and Teladoc and/or Teladoc’s service providers, may be recorded and logged. As such, we will collect and maintain all information discussed during such communications including your identity, the date and time of the communication, and the contents of the communications.

Personal Information Teladoc Collects About you From Other Sources

In connection with the Services, we may collect medical records from your past or current health care providers. We also may receive eligibility information about you from your employer or whoever has contracted with Teladoc to give you access to the Services. For purposes related to care coordination, we may also receive information from other service providers that your employer has contracted with for example your health plan.

Uses and Disclosures of Personal Information

Teladoc may share the Personal Information it collects about you within Teladoc and its affiliates and subsidiaries. Additionally, Teladoc may use and disclose Personal Information for the following purposes:

To facilitate the Services and for treatment purposes. Teladoc may use and disclose your Personal Information as necessary to facilitate the Services you are receiving from Teladoc, either expert medical services or telehealth services as applicable. For example, healthcare providers engaged by us will use your Personal Information in order to provide you with certain telemedicine services in accordance with applicable laws. Additionally, Teladoc may disclose your Personal Information to your primary care provider or other healthcare providers to the extent necessary for your follow-up treatment.

To facilitate Payment. When applicable, Teladoc will may use and disclose your Personal Information as necessary for the payment of Services. For example, we may disclose your Personal Information to your health insurer or health plan provider in connection with the processing and payment of claims and other charges associated with your use of the telehealth services.

For Operational and Administrative Purposes. Teladoc may use and disclose your Personal Information in connection with its management and operations, such as:

  • Providing customer service;
  • Training, conducting quality review assessments and performing improvement activities;
  • Care coordination and disease management;
  • For auditing, medical review, legal services, accounting, insurance, business planning, business management and other general administrative activities;
  • Communicating with you to provide you with reminders about scheduled services, website activity and to describe services that are available to you as a member of Teladoc;
  • To develop new products or features, and enhance our Services including the Platforms;
  • Ensure the proper functioning of our websites and Platforms;
  • For information technology services and cloud services;

To Create Deidentified Information. We may remove identifiers from your Personal Information and maintain, use and disclose it in a de-identified form and combine it with other information to generate aggregated information. Such de-identified information will be owned by Teladoc and we shall have unrestricted title, rights, and interest to it which may include, without limitation, the right to use, disclose, rent, or sell the de-identified information.

As otherwise required or permitted by Law. Teladoc may use and disclose your Personal Information for the following purposes and to the extent required or permitted by law. For example:

  • to respond to a subpoena, order, legal process, or government request;
  • to protect, establish or exercise our legal rights or defend against legal claims;
  • To respond to requests from regulatory agencies;
  • to investigate, detect, suppress, prevent or take action regarding illegal or prohibited activities, suspected fraud, situations involving potential threats to the reputation or physical safety of any person;

In the event of a sale, merger, or acquisition of Teladoc. If we are to be sold, merged, or amalgamated or substantially all of our assets are to be sold or disposed of, your Personal Information may be transferred to a potential purchaser to the extent necessary to decide whether to proceed with the proposed transaction and for completing it. If such a sale, merger, acquisition, or disposal is completed, we will use reasonable efforts to direct the transferee to use personal information you have provided to us in a manner that is consistent with this Notice.

Pursuant to your Authorization. Teladoc may use and disclose your Personal Information as directed by you with your written authorization.

Disclosures to Third Party Service Providers

For any of the above purposes, Teladoc may engage third parties to perform the function on its behalf. If any such third party must have access to your Personal Information in order to perform the Services, Teladoc will require that third party to enter into an agreement that binds the third party to the use and disclosure restrictions outlined in this Notice. Additionally, we will make sure the third party retains the Personal Information only for as long as is minimally necessary or as required by law.

Your Rights with Respect to your Personal Information

Right to Access Personal Information. You have the right to obtain a copy of the Personal Information that Teladoc maintains about you. To access a copy of your Personal Information, you must submit your request in writing to Teladoc. Teladoc may impose a fee for the costs of copying, mailing, labor and supplies associated with your request. Teladoc may deny your request to inspect and/or copy your Personal Information in certain limited circumstances. If that occurs, Teladoc will inform you of the reason for the denial, and you may request a review of the denial.

Right to Correct Personal Information. You have a right to request that Teladoc amend your Personal Information if you believe it is incorrect or incomplete. You must submit your request in writing to Teladoc and provide a reason to support the requested amendment. Teladoc may, under certain circumstances, deny your request by sending you a written notice of denial. If Teladoc denies your request, will inform you of the reason for the denial, and you may request a review of the denial.

Right to Withdraw Consent. You may, at any time, withdraw your consent for us to collect, use, and disclose your Personal Information as outlined in this Notice. However, withdrawal of consent is subject to legal or contractual restrictions and reasonable notice. As such, we may continue to collect, use, and disclose your Personal Information as may be required to provide you with access to our Services, and to the extent required or permitted by law. If you refuse to provide us with Personal Information, or later contact us to withdraw your consent for us to use and disclose the Personal Information we have already collected, you may not be able to use our Services including our Platforms.

Right to Provide us with Communication Preferences. When you register on the Platform, you will need to provide Teladoc with your email address. Teladoc will use your email address to send you information related to updates on the Platform (e.g. security changes, registration changes) as well as appointment reminders and other information specifically related to your use of our Services via the Platform. Additionally, we will send you factual information regarding your use of the Services and ongoing membership with Teladoc as well as the Services that are available to you as a member of Teladoc. Prior to sending you any other emails, we will obtain your consent. You are always able to opt out of receiving emails from Teladoc.

Right to ask questions or file a complaint. If you have any questions or comments or wish to make a complaint about this Notice or Teladoc’s privacy practices, you have the right to contact us and speak to someone about your concern.

If you wish to exercise any of these rights, please contact us at:

By Mail: Privacy Officer | 2 Manhattanville Road, Suite 203 | Purchase, NY 10577

By email: Privacy@teladoc.com

By Phone: 617-226-3675

If you contact us to exercise any of the rights above, we will respond to your request within a reasonable time and at no cost to you.

Security of Your Personal Information

We aim to provide you with a safe experience. We have in place certain physical, electronic, technological, and organizational safeguards that are designed to protect the security and privacy of your Personal Information against loss, theft, and unauthorized access, disclosure, use or modification. Please note, however, that while we try to create a secure and reliable Platform for members, the confidentiality of any communication or material transmitted to or from the Platforms or via e-mail cannot be guaranteed.

We limit access to your personal information within the Company to individuals on a need-to-know basis. Teladoc we will retain your Personal Information only for a time and to the extent necessary for the purposes for which it was collected as described in this Notice and for reasonable backup, archival, audit, legal or other similar purposes.

Cross Border Transfer of Personal Information

Personal Information may be transferred, processed and retained on servers in countries outside of Canada, including the United States.

  • If you use the telehealth services while you are located in Canada, all your Personal Information (including treatment plans, diagnostic information, and medical history) will be stored on servers in Canada but may be accessed by individuals in the United States and Canada.
  • If you use the telehealth services while you are located in the United States, all your Personal Information (including treatment plans, diagnostic information, and medical history) will be stored on servers in the United States and may be accessed by individuals in the United States and Canada.
  • When you use expert medical services while you are located in the United States or Canada, all your Personal Information (including your medical records and expert report) will be stored on servers in the United States and may be accessed by individuals in the United States and Canada.