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    Privacy Policy & Medical Disclaimer

    Last updated March 23, 2021

     Thank you for choosing to use The SwiftPath Program, LLC ("Company", "we", "us", "our"). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice, or our practices with regard to your personal information, please contact us at info@swiftpath.com.

    Our website https://swiftpath.com/ (the "Program") includes web reports, patient reported outcomes, the www.swiftpath.com website, mobile apps, surgeon websites, and other mobile or online platforms and more generally, use any of our services (the "Services", which include the Program). This Policy also describes how we use and may on occasion disclose that personal information as is indicated in the Patient Terms of Service and Healthcare Provider Terms of Service. We appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.


     This privacy notice applies to all information collected through our Services (which, as described above, includes our Website), as well as, any related services, sales, marketing or events.

    1. WHAT INFORMATION DO WE COLLECT?

    Personal information you disclose to us

     In Short:  We collect personal information that you provide to us.

     We collect personal information that you voluntarily provide to us when you register on the Website, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Website or otherwise when you contact us. The Services work in conjunction with a user account on the Website. If you are using the Services with a healthcare provider, including but not limited to, a physical therapist, occupational therapist, personal trainer, researcher, rehabilitation organization, doctor, nurse, medical assistant, clinic, hospital or other healthcare organization (each a “Healthcare Provider”), the Healthcare Provider may provide us with your Personal Information. We may collect Personal Information obtained from the following:

      • When you register with SwiftPath, you may be required to provide first name, last name, date of birth, and date of surgery.• In order to benefit fully from the Services, you may also add additional details including e-mail address and phone number.• If you are using Services with a Healthcare Provider, the Healthcare Provider may create, generate, exchange, transfer, and share Personal Information as authorized or directed by you, including general medical information, and private medical information, which may include Personal Information about you, including but not limited to, text, data, images, photographs, video, audiovisual works, or other information related to you or your injury type, treatment plan, or other works in which you are identifiable.• If you choose to upload medical or personal information to SwiftPath Facebook or other online or social media.

     All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

    Information automatically collected

     In Short:  Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Website.

     We automatically collect certain information when you visit, use or navigate the Website. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Website and other technical information. This information is primarily needed to maintain the security and operation of our Website, and for our internal analytics and reporting purposes.

     Like many businesses, we also collect information through cookies and similar technologies.

     The information we collect includes:


     • Log and Usage Data. Log and usage data is service-related, diagnostic, usage and performance information our servers automatically collect when you access or use our Website and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity in the Website (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use).
     • Device Data. We collect device data such as information about your computer, phone, tablet or other device you use to access the Website. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system and system configuration information.
      • Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Website. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. Note however, if you choose to opt out, you may not be able to use certain aspects of the Services.


     2. HOW DO WE USE YOUR INFORMATION?

     In Short:  We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

     We use personal information collected via our Website for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

     We use the information we collect or receive:

    • To post testimonials. We post testimonials on our Website that may contain first name and last initial. If you wish to update, or delete your testimonial, please contact us at info@swiftpath.com and be sure to include your name, testimonial location, and contact information.
     • Request feedback. We may use your information to request feedback and to contact you about your use of our Program.
       • To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.

    3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

     In Short:  We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

     We may process or share your data that we hold based on the following legal basis:

    • Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.• Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests. • Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).• Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

    More specifically, we may need to process your data or share your personal information in the following situations:

    • Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

    • Disclosure to Third Parties. In the course of providing the Services, we may also share your personal information with third party service providers such as hosting service providers. We may also provide personal information (including sensitive personal health information) to our subsidiaries, affiliated companies, and other trusted businesses or persons for the purpose of providing our Service, and for our other purposes described in this policy. We limit the personal information shared with these third parties to that which is necessary to carry out those functions. At times, we may make certain Personal Information available to strategic partners that work with us to provide additional services to you. In such cases, your account with such third-party will continue to be subject to that third-party’s privacy policy and your SwiftPath Account will continue to be governed by this Policy. We may also disclose Personal Information if we determine that disclosure is reasonably necessary to enforce our Patient Terms of Service and Healthcare Provider Terms of Service, or to protect our operations or users, or if we are required to do so by any applicable law, rule, regulation, subpoena or other legal process.

    • Disclosure to Healthcare Providers The Services are designed to provide a secure communication channel between you and your Healthcare Provider. By using the Services in connection with a Healthcare Provider, you acknowledge that any information you share within the application is provided to your Healthcare Provider and may be shared with any authorized person within that organization or those authorized by the provisions in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH Act).

    4. DO WE USE GOOGLE MAPS PLATFORM APIS?

     In Short:  Yes, we use Google Maps Platform APIs for the purpose of providing better service.

     This Website uses Google Maps Platform APIs which are subject to Google’s Terms of Service. You may find the Google Maps Platform Terms of Service here. To find out more about Google’s Privacy Policy, please refer to this link. We obtain and store on your device ('cache') your location. You may revoke your consent anytime by contacting us at the contact details provided at the end of this document.

     5. HOW LONG DO WE KEEP YOUR INFORMATION?

     In Short:  We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

     We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us.

     When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

    6. HOW DO WE KEEP YOUR INFORMATION SAFE?

      Data Security

    We use a combination of firewall barriers, encryption techniques and 2FA authentication methods to protect your data and SwiftPath systems from unauthorized access according to the requirements of HIPAA and according to the Business Associate Agreement we have signed with your Healthcare Provider. If you are using the Services without a Healthcare Provider or you have ended that relationship, bear in mind that even though we have taken steps to protect your Personal Information, no company, including us, can fully eliminate security risks to your Personal Information.

    7. WHAT ARE YOUR PRIVACY RIGHTS?

     In Short:  You may review, change, or terminate your account at any time.

     If you are a resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

     If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

     If you have questions or comments about your privacy rights, you may email us at info@swiftpath.com.

    Account Information

     If you would at any time like to review or change the information in your account or terminate your account, you can:

    • Contact us using the contact information provided.

     Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements.

     Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Website. To opt-out of interest-based advertising by advertisers on our Website visit http://www.aboutads.info/choices/.

     Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list — however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may:

    • Contact us using the contact information provided.

      8. CONTROLS FOR DO-NOT-TRACK FEATURES

     Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice. 

    9. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

     In Short:  Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

     California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

     If you are under 18 years of age, reside in California, and have a registered account with the Website, you have the right to request removal of unwanted data that you publicly post on the Website. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Website, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).

    CCPA Privacy Notice

     The California Code of Regulations defines a "resident" as:

     (1) every individual who is in the State of California for other than a temporary or transitory purpose and

    (2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose

     All other individuals are defined as "non-residents."

     If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.

     What categories of personal information do we collect?

     We have collected the following categories of personal information in the past twelve (12) months:

      Category Examples CollectedA. IdentifiersContact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address and account name YES B. Personal information categories listed in the California Customer Records statuteName, contact information, education, employment, employment history and financial information YES C. Protected classification characteristics under California or federal lawGender and date of birth YES D. Commercial informationTransaction information, purchase history, financial details and payment information NO E. Biometric informationFingerprints and voiceprints NO F. Internet or other similar network activityBrowsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements NO G. Geolocation dataDevice location YES H. Audio, electronic, visual, thermal, olfactory, or similar informationImages and audio, video or call recordings created in connection with our business activities NOI. Professional or employment-related informationBusiness contact details in order to provide you our services at a business level, job title as well as work history and professional qualifications if you apply for a job with us NOJ. Education InformationStudent records and directory information NOK. Inferences drawn from other personal informationInferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics NO  

    We may also collect other personal information outside of these categories instances where you interact with us in-person, online, or by phone or mail in the context of:

    • Receiving help through our customer support channels;

    • Facilitation in the delivery of our Services and to respond to your inquiries.

    How do we use and share your personal information?

     More information about our data collection and sharing practices can be found in this privacy notice.

     You may contact us by email at info@swiftpath.com, or by referring to the contact details at the bottom of this document.

     If you are using an authorized agent to exercise your right to opt-out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

     Will your information be shared with anyone else?

     We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.

     We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal data.

     The SwiftPath Program, LLC has not disclosed or sold any personal information to third parties for a business or commercial purpose in the preceding 12 months. The SwiftPath Program, LLC will not sell personal information in the future belonging to website visitors, users and other consumers.

     Your rights with respect to your personal data

     Right to request deletion of the data - Request to delete

     You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation or any processing that may be required to protect against illegal activities.

     Right to be informed - Request to know

     Depending on the circumstances, you have a right to know:

    • whether we collect and use your personal information;• the categories of personal information that we collect; • the purposes for which the collected personal information is used; • whether we sell your personal information to third parties; • the categories of personal information that we sold or disclosed for a business purpose; • the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and • the business or commercial purpose for collecting or selling personal information.In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

     Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

     We will not discriminate against you if you exercise your privacy rights.

     Verification process

     Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.

     We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

     Other privacy rights

     • you may object to the processing of your personal data• you may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the data• you can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.• you may request to opt-out from future selling of your personal information to third parties. Upon receiving a request to opt-out, we will act upon the request as soon as feasibly possible, but no later than 15 days from the date of the request submission.

    To exercise these rights, you can contact us by email at info@swiftpath.com, or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.

     10. DO WE MAKE UPDATES TO THIS NOTICE?     

     In Short:  Yes, we will update this notice as necessary to stay compliant with relevant laws.

     We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

     11. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?     

     If you have questions or comments about this notice, you may contact our Data Protection Officer (DPO), Matt Fix, by email at matt.fix@swiftpath.com, by phone at 425-284-7270, or by post to:

     The SwiftPath Program, LLCMatt Fix11317 NE 120TH ST Kirkland, WA 98034 United States

     12. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?     

     Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please visit: https://swiftpath.com/. We will respond to your request within 30 days.

    13. Medical Disclaimer

    All content in this site is strictly for educational purposes. It is not professional medical advice. Only your healthcare provider should provide medical advice, recommend treatments, or answer questions related to your specific situation.

    Any use of this website, its content, or any of SwiftPath works is at your own risk. SwiftPath does not provide medical advice and will not be responsible for the consequences of your decision to utilize information contained in this website.

    14. Stock Photography

    The SwiftPath Program, LLC utilizes stock photography models. These models are not actual patients nor are they affiliated with The SwiftPath Program or the physicians we serve, their affiliates, parent companies, or subsidiaries. These photographs are strictly for illustrations and are not endorsements. The context in which the photographs are used on this website is not intended to reflect personally on any of the models shown in the photographs.

    The SwiftPath Program, LLC, physicians served, their affiliates, respective officers, directors, employees, agents and/or independent contractors assume no liability for any consequence relating directly or indirectly to the use of the photographs showing the models on this website.

    15. Your Responsibility for Maintaining the Confidentiality of your Login Information

    You are responsible for maintaining the security of your login information. If you believe that your information has been compromised you should immediately change it and contact The SwiftPath Program, LLC. We are not responsible if someone else accesses your Account through registration information they have obtained from you or through a violation by you of this Policy, the Patient Terms of Service or Healthcare Provider Terms of Service.

    16. Assignment

    You consent and agree that the agreement between you and us as evidenced in this Policy, any licenses herein, and any information collected about you, including any Personal Information collected pursuant to this Policy, can be sold, assigned, transferred, or otherwise conveyed to a third-party as part of a merger, acquisition, reorganization, sale of all or substantially all of our assets or capital stock, in the event of a bankruptcy, or any other such change of control situation.  Additionally, you agree that this Policy continues to bind you and guide the terms and conditions of your use of the Services in any of the foregoing circumstances.