I. Introduction.

The Medical Society of Virginia and/or one or more of its affiliated entities  (“MSV”), as owner of SafeHaven™ (“SafeHaven”), a proprietary professional program designed to address issues related to career fatigue and wellness among qualifying health care professionals, is committed to safeguarding the privacy of users of the SafeHaven website and software. By using the SafeHaven website and/or software, you consent to the collection and use of your information by us as set forth in this Policy, as may be amended or updated from time to time. To the extent permitted by applicable law, we may change this Policy from time to time at our sole discretion without notice, so please check it regularly for any changes or updates. Your continued use of the website and/or software or maintenance of a subscription following any such changes will constitute acceptance of such changes. If you have questions regarding this Policy, you can contact us at [email protected].

II. Definitions.

Throughout this Policy we use several specialized terms. “Personally Identifiable Information” is information that tells us specifically who you are, and may include your name, gender, age, professional licensing information (licensure no., year of licensure, specialties, etc.), street address, email address, billing address, associated names, passwords, security question information, and/or certain financial information. “Personally Identifiable Information” also includes information you may submit about your organization or about other individuals, such as their name, gender, age, medical information and other information. “User Information” means all Personally Identifiable Information and any other forms of information discussed in this Policy, including the internet protocol (“IP”) address of a user’s computer. We use the term “aggregate” when we combine information from various persons or users. Information is said to be “anonymized” if it does not identify individual persons or entities or associate a particular person or entity with such information and is not derived from any nonpublic personally identifiable information.

III. Information We Collect and How We Use It.

A. Use and Disclosure of Data for Operational, Commercial, and Analytics Purposes.

When you visit the SafeHaven website, we may collect and store the domain name and host from which you access the internet (e.g., aol.com), the IP address of your computer, your browser software and operating system, the date and time you access the website and the internet address of any website from which you link directly to the SafeHaven website or to which you link after visiting the website, as well as other information relating to your use of the website. We may use this information to monitor compliance with our applicable terms of use agreements, measure the number of visitors and repeat visitors to sections of the SafeHaven website, calculate the average time spent at the website, and determine from where our visitors link and to where our visitors link from the website, in order to help us make the website more useful, for internal marketing purposes, and for other purposes that we may determine from time to time. We may also share your Personally Identifiable Information with (i) third parties which provide services to MSV in order to optimize the SafeHaven website or services, including through analytics, email services providers and data verifiers; (ii) third parties who provide services to MSV in relation to the operation of the SafeHaven website and services; (iii) any auditors, contractors or other advisers auditing any of MSV’s business processes; and (iv) any potential purchasers or investors in SafeHaven or MSV. For example, we may organize and analyze IP addresses and related information so that we can provide efficient service, enhance security, monitor appropriate usage, and produce traffic volume statistics. This type of information may be shared with third parties, such as when we aggregate and disclose site traffic and other information for marketing and commercial purposes, including aggregating such data as part of a third-party hosted “data lake” for analytics purposes.

B. Use and Disclosure of Data for Marketing and Research Purposes.

We may use Personally Identifiable Information you give us to send you marketing materials about products and services and to facilitate our efforts to market to third parties, as subject to applicable law. For example, we may assess information to determine the number of individuals subscribing to the SafeHaven service or the various reasons individuals wish to access SafeHaven resources and share that information (without sharing individual names) with third parties for marketing purposes. We may also contact you to request consent for use and disclosure of information for research purposes. If you or a subscriber consents to allow use and disclosure of information for research, we may also use and disclose information for research purposes and/or to assist others in conducting research, but Personally Identifiable Information would not be publicly disclosed in connection with any such research.

C. Use and Disclosure of Data for Compliance Purposes.

We may share your Personally Identifiable Information and other information in special cases if we have reason to believe that it is necessary to: (i) comply with law, regulation, subpoena, request by an applicable authority or court order; (ii) detect, prevent or otherwise address fraud, security, violation of our policies or technical issues; (iii) enforce the provisions of this Policy or any other agreements between you and MSV, including investigation of potential violations; or (iv) protect against harm to the rights, property or safety of MSV, its partners, its affiliates, its users or the public.

D. No Obligation to Provide Information; Privileges.

Please note that you are under no legal obligation to provide us with Personally Identifiable Information. However, we may be unable to make SafeHaven services available to you if you do not provide this information. Except as otherwise set forth in this Policy, we will not share any Personally Identifiable Information with third parties without your consent. Notwithstanding anything to the contrary in this Policy, to the extent Personally Identifiable Information is privileged and thereby protected from disclosure under applicable law, MSV shall give due consideration to ensuring such protections remain in place with respect to any disclosures to third parties, it being understood that MSV may be unable to control such third parties’ management or further disclosure of such information.

IV. Cookies.

Cookies are small text files that the SafeHaven website may send to your browser for storage on the hard drive. The use of cookies is a standard practice among internet websites. A cookie cannot read your hard drive or read cookie files created by other websites. Cookies can make use of the SafeHaven website easier by saving your status and preferences upon visits to the SafeHaven website. The cookies are refreshed every time the website is entered. Most browsers are initially set to accept cookies, but you may be able to change the settings to refuse cookies or to be alerted when cookies are being sent. Although you may have the ability to modify your browser and reject certain cookies, it may affect your use of the SafeHaven website and services.

V. If You Do Not Wish to Disclose User Information.

If you use this website or the SafeHaven software and/or services, you have voluntarily consented to the collection and use of your User Information as described in this Policy. We may use and disclose your User Information for all of the purposes described above for use of Personally Identifiable Information. If you do not want us to use your information as described herein, please contact us at [email protected]. We may be limited in providing, or unable to provide, SafeHaven services if you object to our use and disclosure of information as described in this Policy and/or as otherwise permitted under our terms of use, as applicable.

VI. Limits of Data Protection.

We will take steps to protect your User Information and Personally Identifiable Information. However, no data transmission over the internet can be guaranteed as 100% secure. As a result, while we strive to protect User Information and Personally Identifiable Information, we cannot ensure or warrant the security of any information you transmit to us or receive from us. MSV and its contractors do not assume any responsibility for: (i) any harm, loss, or damage you may experience as a result of using the SafeHaven website, software and/or services; or (ii) the conduct of any third parties to whom information may be disclosed as set forth in this Policy.

VII. User Rights and Retention.

A. Sale of Personally Identifiable Information.

MSV does not intend to sell Personally Identifiable Information for third party marketing, however, you have a right to request that we disclose to you: (1) the categories of personal information that we may sell and the identity of the third parties to whom such personal information was sold; and (2) the categories of personal information that we disclose for a business purpose and the identity of the persons to whom such personal information was disclosed for a business purpose. A consumer shall have the right, at any time, to direct a business that sells personal information about the consumer not to sell the consumer’s personal information. Your requests will be dealt with in accordance with applicable law.

B. Retention of Personally Identifiable Information.

We will retain Personally Identifiable Information for the duration required to provide the SafeHaven services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies and agreements. Retention periods will be determined taking into account the type of information that is collected and the purpose for which it is collected. We will keep records as required by applicable laws and regulations.

VIII. Other Information.

A. MSV is Not a Covered Entity/Business Associate Under HIPAA.

MSV is not a covered entity or a business associate of any covered entity under the Health Insurance Portability and Accountability Act (“HIPAA”) for the purposes of any data received or transmitted through the SafeHaven website. Users that are covered entities (as defined under HIPAA) expressly acknowledge and agree that, to the extent MSV receives, transmits, creates, or maintains any protected health information (as defined under HIPAA), no such actions are undertaken by or on behalf of a covered entity.

B. MSV is Not a Provider of Medical Care.

MSV does not provide medical care, and the user acknowledges that any duties to provide or obtain health care services lie solely with the user or health care professionals. The SafeHaven services are designed to facilitate certain storage and exchange of non-critical information. SafeHaven services are not intended for use in emergencies and are not designed or intended for use in any situation where failure or fault of any kind could lead to death or serious bodily injury to any person, or to severe physical or environmental damage (“High Risk Use”). Users are not permitted to use the services in, or in conjunction with, High Risk Use.

IX. Assignment.

Subject to applicable law, we may transfer or assign information, without any notice, and without a need to receive your consent, to any third party as a result of change of control, consolidation, merger, acquisition or reorganization. You acknowledge that in the event of bankruptcy, insolvency or receivership, we may have no control over the use and transfer of Personally Identifiable Information.

X. Updates to this Policy.

This Policy is subject to modifications. Please check the “Last Modified” heading at the bottom of this document to see when this Policy was last updated. Any changes to this Policy will become effective when we post the revised Policy on the SafeHaven website.

Last Modified: 3/25/2022