Privacy Policy
Our policy, your security.
Introduction
Biograph International, Inc. (“Biograph,“ “we,“ or “us“) owns and operates the Biograph website located at www.Biograph.com (the “Platform“). Biograph operates the Platform on behalf of Biograph Providers of California, P.C. referred (the “Medical Group”). Your access to and use of the Platform, any part thereof, or anything associated therewith, including its content (“Content“), any products or services provided through the Platform, and any affiliated website, software, or application owned or operated by Biograph (collectively, including the Platform and the Content, the “Service“) is governed by the Terms of Use.
We are committed to respecting the privacy of users of the Service. We created this Privacy Policy (“Privacy Policy“) to inform you of how Biograph collects, uses, and discloses information in order to provide you with the Service.
If we make any changes to our Privacy Policy, we will post the revised Privacy Policy on our Platform and update the “Last Revised” date of the Privacy Policy.
By accessing or using the Service, you acknowledge the practices and policies outlined in this Privacy Policy. If you are using the Service on behalf of an individual other than yourself, you represent that you are authorized by such individual to act on such individual’s behalf and that such individual acknowledges the practices and policies outlined in this Privacy Policy.
Protection of Health Information
This Privacy Policy does not govern health information that you provide to the Medical Group or health information that we receive from the Medical Group about you. Health information provided by you to the Medical Group and health information that we receive from the Medical Group about you is governed by the terms and conditions of the Medical Group’s health information privacy policy.
collection of information and Tracking Technologies
We collect any information you provide when you use the Service, including, but not limited to: (1) personally identifying information (“PII”) such as your name and contact data such as your e-mail address, phone number, and billing and physical addresses; (2) your login and password; (3) demographic data (such as your gender, date of birth, and zip code); (4) your communications with the Medical Group; and (5) any information you provide when you contact or communicate with us. We may also collect information from you necessary to provide you with services from the Medical Group , which may include, but is not limited to: (a) payment information; and (b) health and medical data (such as previous doctors or other healthcare providers you visited, your reason for visiting a healthcare provider, date of visit, medical history and condition, medications, images or videos and other medical and health information and data you share with us).
We may also receive information from third parties that pay for your care or provide you with treatment, laboratory care or prescription medication, which may include, for example, your prescription history, insurance policy, insurance eligibility and coverage, and laboratory test results.
To the extent that Biograph is in fact a “business associate” of the Medical Group, Biograph's use and disclosure of your PHI will comply with HIPAA and any Patient Authorization.Any information that does not constitute PHI may be used or disclosed in any manner permitted under this Privacy Policy.
In addition to the information we collect directly from you, we may also collect certain information from the Medical Group and/or providers who provide treatment or other services to you using the Platform . This information may include, but is not limited to, diagnoses, treatment plans (including prescription details) and notes, and is accessible and visible through certain components of the Service.
We may also receive information from third parties that pay for your care or provide you with treatment, laboratory care or prescription medication, which may include, for example, your prescription history, insurance policy, insurance eligibility and coverage, and laboratory test results.
We or our service providers may automatically collect certain information from the device through which you access the Service. This information includes, but is not limited to, your language preferences, your phone number or other unique device identifier (the International Mobile Equipment Identity or the Mobile Equipment ID number), the IP address of your device, the manufacturer, model and operating system of your device, the name and version of our Service you are using, information regarding your browser and information that allows us to personalize our Service. We or our service providers may also collect information about how you interact with our Service and any of our websites to which our Service links, such as how many times you use a specific part of our Service, the amount of time you spend using our Service, how often you use our Service, actions you take in our Service and how you engage with our Service.
We and our service providers (e.g., Google Analytics, HubSpot, PostHog) may obtain information regarding your location or the location of your device through which you access our Service including city, country, region, IP address, language, and time zone. Information regarding your location may be obtained directly from you when you provide us with information as part of the registration process.
Biograph integrates third-party services, including the Google Maps Geocoding API, to provide location-related functionality. When you use features involving address or location input, such as geocoding, your information may be shared with Google for processing. For more details on how Google handles your data, please refer to their Privacy Policy.
We may store cookies (e.g., locally stored objects) and other tracking technologies (collectively, “Tracking Technologies”) in your computer’s hard drive when you use the Service. These Tracking Technologies are used to help us speed up your future activities or to improve your experience by remembering the information that you have already provided to us. Some of our service providers may also use Tracking Technologies to provide us with anonymous data and information regarding your use of the Service. At your option, you may block or delete Tracking Technologies from your hard drive. However, by disabling such Tracking Technologies, you may not have access to all features of the Service. For more about Tracking Technologies, including links to web browser instructions for disabling and managing Tracking Technologies, visit www.usa.gov/optout-instructions.
In addition, some of our service providers may use Tracking Technologies. For example, we use Google Analytics, HubSpot, and PostHog, which are web analytics tools that help operators (like Biograph) understand how users (like you) engage with their applications. These tools use Tracking Technologies to track your interactions with our Service and to collect information about how you use the Service. We use the information to compile reports that help us improve the Service. For more information regarding Google Analytics visit “How Google uses data when you use our partners’ sites or apps” located at www.google.com/policies/privacy/partners. For more information about HubSpot, see HubSpot’s Data Processing agreement, which is available here: https://legal.hubspot.com/dpa. For more information about PostHog, see PostHog’s Data Processing Agreement, which is available here: https://posthog.com/dpa.
To configure your cookie consent preferences, please click on the 'Cookie Consent’ link in the footer.
use of information
In connection with providing the Service, we and our affiliates and service providers may use your information, subject to the limitations addressed in the Protection of Health Information section above, for a number of purposes, including, but not limited to: (a) verifying your identity and administering your user account (“Account”), including processing your payments and fulfilling your orders; (b) communicating with you about the Service or your use of the Service, and sending you communications on behalf of the Medical Group or its providers; (c) providing you customer support and responding to your requests or concerns; (d) facilitating the provision of the Service to you; (e) making certain information about you available to you; (f) sending you push notifications (notifications may be enabled or disabled through your device or app settings depending on your device type); (g) detecting, preventing, investigating and responding to fraud, intellectual property infringement, violations of our Terms of Use, or other misuse of our Service or the Medical Group’s services; (h) reviewing, monitoring, expanding or improving the Service; (i) reviewing and analyzing the efficacy of some or all of the Service; (j) identifying and creating new Content (defined below), software or tools offered through the Service; (k) developing, testing and offering other products and services, whether or not through the Service; (l) providing certain marketing communications or promotional materials relating to the Service that may be of interest to you; and (m) any other use permitted by applicable law.
We may use information regarding your location or the location of your device through which you access the Service for a number of purposes, including, but not limited to confirming you are located in a jurisdiction in which the Service is offered.
We may use your information to create de-identified information, or information that cannot be traced back to you. We may use de-identified information for activities such as research, improving the Service, quality assessment, product development, and similar activities that improve our services. We may also share de-identified information with third parties for any purpose permitted by law and we may be compensated for sharing de-identified data.
disclosure of information
We may disclose your information to third parties in connection with the provision of our Service or the Medical Group’s provision of services or as otherwise permitted or required by law. For example, we may disclose your information to: (a) our third-party service providers that provide services such as the hosting of the Service, data analysis, IT services and infrastructure, customer service, e-mail delivery, auditing and other similar services; (b) the Medical Group and its providers to deliver the Service; (c) third parties as we believe necessary or appropriate to comply with applicable laws; and (d) third parties in the event of any reorganization, merger, sale, joint venture, assignment, transfer, liquidation or other disposition of all or any portion of our business, assets or stock with such third parties.
Ownership of Information Submitted via the Service
Ownership of Information Submitted via the Service Certain Submissions (as described below) you make may contain identifiable health information (“IHI”), which may be subject to federal and state privacy laws and regulations as well as those governing the practice of medicine. With respect to any such IHI, Biograph’s rights with respect to the use or disclosure of such IHI is limited by applicable law and any applicable consents and authorizations regarding the use and disclosure of IHI. Any information that is not IHI, that you transmit to Biograph via the Service, whether by direct entry, submission, email or otherwise, including data, questions, comments, forum communications, or suggestions (collectively, “Submissions”), will, to the extent permitted under applicable law, be treated as non-confidential and non-proprietary and will become the property of Biograph. You hereby irrevocably assign (and agree to assign) to Biograph, free and clear of any restriction or encumbrances, all of your rights, title and interest in and to the Submission, including, without limitation, all copyrights, rights in patents, rights in trade secrets, and all rights incidental, subsidiary, ancillary, or allied thereto (including, without limitation, all derivative rights) in and to the Submission. To the extent the assignment granted above fails for any reason, you hereby grant to Biograph an exclusive, perpetual, irrevocable, royalty-free, worldwide license under your intellectual property rights, with the right to sublicense to third parties the right, to make, access, practice, sell, offer for sale, export, import, copy, use, modify, prepare derivative works from, distribute, publicly display, publicly perform, and otherwise exploit in any manner those Submissions with respect to which the foregoing assignment shall have failed. You agree to execute any documents and take any other actions as may reasonably be necessary, or as Biograph may reasonably request, to evidence, perfect, maintain and enforce Biograph’s ownership of or license to any such Submissions. In addition to the foregoing, Biograph shall have the right, in its sole discretion, to edit, duplicate, or alter the Submission in any manner for any purpose that Biograph deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission. You further agree that you shall have no right of approval and no claim to compensation in connection with the Submission.
use by minors
Our Service is intended for use by individuals who are at least 18 years of age or such older age as may be required by applicable state laws in the jurisdiction in which an individual utilizes the Service. However, if you are a parent or legal guardian of a minor child, you may, in compliance with the Terms of Use, consent to use of our Service by such minor child provided that such minor child is at least 13 years old, or, if such minor child is under the age of 13, you may, in compliance with the Terms of Use, use our Service on behalf of such minor child. Any information you provide us on behalf of your minor child will be treated in accordance with this Privacy Policy. We do not knowingly collect information from individuals under the age of 13. If we learn that we have received any information from an individual under the age of 13 instead of from such individual’s parent or legal guardian, we will only use that information to respond directly to that child (or a parent or legal guardian) to inform that child or parent or legal guardian that the individual cannot use the Service directly and must have a parent or legal guardian use the Service on his or her behalf, and subsequently we will delete such information from our own servers.
Jurisdictional Issues
The Service may only be used within the United States as set forth in the Terms of Use. Accordingly, this Privacy Policy, and our collection, use, and disclosure of your information, is governed by U.S. and applicable state law.
Since our Service is currently only available to individuals who are located in the United States, any processing of personal information related to the Service is not subject to the EU General Data Protection Regulation 2016/679 (“GDPR”) or other international laws.
Third Parties
This Privacy Policy does not address or apply to, and we are not responsible for, the privacy, information, or other practices of any third parties, including, without limitation, the Medical Group or its providers, the manufacturer of your mobile device, and any other third party mobile application or website to which our Service may contain a link. These third parties may at times gather information from or about you. We do not control and are not responsible for the privacy practices of these third parties. We encourage you to review the Medical Group’s Medical Information Privacy Practices and the privacy policies of each website and application you visit and use.
Do Not Track Signals
We do not currently respond to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party websites or online services. If we do so in the future, we will describe how we do so in this Privacy Policy.
How We Protect Your Information
We strive to use reasonable physical, technical, and administrative measures to protect information under our control. However, you must keep your Account password secure and your Account confidential, and you are responsible for any and all use of your Account. If you have reason to believe that the security of your Account has been compromised, please notify us immediately in accordance with the “Contacting Us” section below.
Opting Out
When using the Service, you may choose not to provide us with certain information, but this may limit the features you are able to use or may prevent you from using the Service all together. You may also choose to opt out of receiving certain communications (e.g., newsletters, promotions) by emailing us your preference. Please note that even if you opt out, we may still send you Service-related communications. You may request that we provide you the information we hold about you, update your information, or ask us to remove your information, or to correct any inaccuracies in such personal data by sending an email to info@biograph.com with the subject heading “personal information request.” We will use reasonable efforts to respond to your request within a reasonable time.
California Residents
At this time, we are not subject to the California Consumer Privacy Act as amended by the California Privacy Rights Act. If this changes in the future, we will update this Privacy Policy. For more information regarding rights applicable to your medical record, please consult the Medical Group’s Medical Information Privacy Practices.
Biograph does not share PII for direct marketing purposes with third parties and contractually prohibits third parties from using such information for their own direct marketing purposes.
Contacting Us
If you have any questions about this Privacy Policy, please contact us by email at
info@biograph.com or by regular mail at:
2850 S Delaware St.
Suite 100
San Mateo, CA 94403
Last Revised: January 15th, 2024