Last Modified: Date
The Senior Medicare Patrol National Resource Center (hereinafter referred to as "Company", "we", "us" or "SMP") is supported in part by a grant (No. 90MPRC0002) from the Administration for Community Living (ACL), U.S. Department of Health and Human Services (DHHS). SMP respects Your ("User" or "You" or "Your") privacy and is committed to protecting it through our compliance with this policy.
- The types of information we may collect or that You may provide when You download, install, register with, access, or use the SMP Medicare Tracker (the “App”);
- Our practices for collecting, using, maintaining, protecting, and disclosing that information.
This Policy applies only to information we collect in this App, and in phone calls, emails, texts, and other electronic communications, such as push notifications, sent through or in connection with this App.
This Policy does NOT apply to information that:
- We may collect offline or on any other App, website, or social media platform You may access through our App;
- You provide to, or is collected by, any third party; or
- Any other sources we do not have control over.
Our Website and App have their own Privacy Policies, which we encourage You to read before providing information on or through them.
This App is not intended for children under the age of 13 years of age, and we do not knowingly collect personal information from, or market to, children under 13. If You believe we may have information from or about a child under the age of 13, please contact us using the information below so that we may immediately investigate Your suspicion, and if appropriate, permanently delete this information:
Types of Information We Collect About You
We collect information from and about users of our App:
- Directly from You when You provide it to us; and
- Automatically when You use the App.
Information You Provide to Us
We will not collect and/or retain personal identifiable information ("PII") or personal health information ("PHI") about You unless it is necessary, e.g., if You contact SMP, fill out and send a Fraud Report to SMP, or have a legitimate need to communicate SMP, such as reporting Medicare fraud or the suspicion of Medicare fraud.
Your personal identifiable information and/or personal health information is not stored on your phone. Any PII and PHI data input into the App by you is stored on a HIPAA secured server. We will only keep your information for as long as appropriate and in accordance with applicable laws.
When You download, register with, or use this App, we may ask You to provide information by which You may be personally identified, such as Your first and last name, email address and/or any other information to provide a satisfactory user experience to You.
We may also collect additional personal identifiable information or any other identifier by which we may contact You in response to a Fraud Report or a message sent to us, such as:
- Your first and last name, state, email address, and phone number, selected fraud type and Your description of the fraud;
- The contents of a Message You sent to us through the "Contact SMP" section of the App; and/or
- Personal data we generate about You, e.g., personal data we use to authenticate You, or personal data in the form of Your IP address or Your preferences, such as whether to receive push notifications.
Users may update personal data in their account or contact us using the contact information at the end of this policy to request edits and/or the removal of details in Your profile account.
Information Automatically Collected from You
Information collected automatically from You when you use the App helps us to improve our App functionality and includes technical data and information about Your device such as the type of mobile device, internet connection, operating system, mobile device manufacturer, unique device identifier, IP address, operating system, application software, browser type, and mobile network information. This information does not identify you and is stored on a HIPAA secure server. We may also collect information that does not identify You individually if You report a problem with the App, download the App, and/or fill in forms within the App.
Information We Do Not Collect
No Automatic Information Collection and Tracking
The App does not automatically collect personal identification information or personal health information about Users. The App does not use technology tracking or location information technologies or targeted advertising technologies, including cookies, mobile cookies, or web beacons to automatically collect information about Users of the App.
This App does not collect or transmit information for the purposes of using it to conduct behavioral advertising, or any other type of advertising. Additionally, no third parties within our control will use tracking technologies to collect information about You when You use this App. However, the App store and/or App platform providers may collect information about You when You download or use the App; which is beyond our control.
We use Personal Identification Information for You provide to us, to:
- Provide You with the App, its contents, and any other information or services that You request from Us;
- Notify You when App updates are available, and of changes to any services offered or provided through the App; and,
- Fulfill any other purpose related to responding or investigating a Fraud Report or communication sent to us from You.
We will not use Your personal identification information to:
- Identify Your location; or
- Contact You about services or products.
How We Use Your Personal Identification Information and Personal Health Information
No Third-Party Information Collection
Personal Health Information
We will not access or use your Personal Health Information. The App's "My Health Care Tracker" will allow you to input information from your medical and healthcare appointments to track what happens at your appointments in order to prevent and detect fraud, errors, or abuse. All information input through the App's "My Health Care Tracker" is stored and secured in compliance with HIPAA. We will not use your personal health information to identify your location or contact you about services or products.
No Selling or Sharing of Your Personal Identification Information or Personal Health Information
We will never sell or share personal identification information or personal health information about You with Third parties.
We may share Your personal identification information:
- With Your consent;
- To fulfill the purpose for which You provided it, such as to investigate Medicare Fraud;
- With the Senior Medicare Patrol State Office in which You reside or another subsidiary or affiliate, if appropriate and/or legally required;
- With the Administration of Community Living (ACL) if appropriate and/or legally required; and/or
- With agencies and authorities when required by law. We may reveal Your personal data to any government request, law enforcement agency, court, regulator request, government authority, or in connection with any legal action if we are required to do so to meet a legal or regulatory obligation, where the request is proportionate, or otherwise to protect our rights or the rights of anyone else (for example, in response to valid and properly served legal process such as subpoena or warrant).
How Long We Store Your Personal Identification Information and Personal Health Information
For example, we may need to use it to answer Your questions about a service or suspicion of Medicare fraud and as a result may keep personal data while You are using our service or until we answer Your questions. We may also need to keep Your personal data for accounting purposes, for example, where You have purchased access to our resource library. If we no longer need your data, we will delete it or make it anonymous by removing all details that identify You.
Your personal health information will be securely stored so you may track treatment at your medical appointments and prevent or identify fraud, errors, or abuse. You may request that we delete your personal identification information and/or personal health information at any time using the contact information below.
Security of Your Personal Data
We have implemented appropriate technical and organizational controls to protect Your personal data against unauthorized processing and against accidental loss, use, alteration, damage or destruction. This includes securing your data in compliance with HIPAA standards.
You are responsible for choosing a secure password when we ask You to set up a password to access parts of our website or services. You are responsible for keeping this password confidential, and You should choose a password that You do not use on any other site. You should not share Your password with anyone else.
Unfortunately, sending any information, including personal data, via the internet is not completely secure. Although we will do our best to protect Your personal data once with us, we cannot guarantee the security of any personal data sent to our site while still in transit and so You provide it at Your own risk.
IMPORTANT: Please do not disclose any PII or PHI in the "Contact Us" box or Fraud Report box to ensure your information stays secure because we cannot guarantee the absolute security of information transmitted electronically.
In the event that the security of a user’s personal information has been compromised, we will notify the user immediately.
How We May Contact You
Your Privacy and Data Protection Rights about the Personal Data We Hold About You
Response to Inquiries: If You have contacted us with an inquiry or complaint, we may contact You to answer Your query or to resolve Your complaint utilizing the contact information You have provided to us.
Special Note to California Users: If You elect to use the "unsubscribe" button, we will not recontact You about that choice for at least 12 months.
You have rights with regard to the personal data that we hold about You. You may contact us with regard to the following rights in relation to Your personal data:
- You have the right to receive a copy of the personal data we hold about You;
- You have the right to correct the personal data we hold about You;
- Where applicable, You have the right to object to processing of Your personal data for certain purposes; and
- Where You have provided us with consent to use Your personal data, You can withdraw this consent at any time/li>
If You would like to exercise any of Your rights specified above, please contact us using our contact information below. We will handle Your request within one month.
We may need to request specific information from You to help us confirm Your identity. If Your request is complicated or if You have made a large number of requests, it may take us longer to satisfy Your request. We will let You know if we need longer than one month to respond. You will not have to pay a fee to obtain a copy of Your personal data (or to exercise any of Your other rights). However, we may charge a reasonable fee (if permissible) if Your request is clearly unfounded, repetitive or excessive.
California Privacy Rights
We do not sell user personal data. Under the California Consumer Privacy Act, California Civil Code Section 1798.100, if You are a resident of California, You may contact us with regard to the following rights in relation to Your personal data:
Right of Access: You have a right to request access to the personal data we may hold on You for the past twelve (12) months. You may submit up to two (2) requests per year of access to Your personal data.
Right to Opt-In/Opt-Out of Sale of Personal Data: We do not sell Your personal data.
Right to Deletion: You have the right to ask us to delete personal data we may hold on You or restrict how it is used. There may be exceptions to the right to deletion for specific legal reasons which, if applicable, we will set out for You in response to Your request.
Right to Review:You have the right to review and correct Your personal information. Users may access their personal information by logging into their personal accounts.
Right to Non-Discrimination: We will not discriminate against You for exercising any of Your California Consumer Privacy Act rights.
If You want to make any of these requests, please contact us at email@example.com or by calling our designated toll-free number 877-808-2468. We will handle requests for access to Your personal data within forty-five (45) days for California-specific requests.
To help us respond as You expect, please specify in the subject line of Your email that You are making a request under the California Consumer Privacy Act. We may need to request specific information from You to help us confirm Your identity.
Nevada Privacy Rights
Right to Review: You have the right to review and correct Your personal information. You may access and revise Your personal information by logging into Your personal account.
Right to Deletion: You also have the right to ask us to delete personal data we may hold about You or restrict how it is used. There may be exceptions for specific legal reasons which, if applicable, we will set out for You in response to Your request.
Nevada Personal Information Sales Opt-Out Law: We do not sell the personal information of our users; however, in accordance with NRS 603A.300 to 603A.360, the designated address for a User to request to opt out is:
SMP National Resource Center, Northeast Iowa Area Agency on Aging P.O. Box 388 Waterloo, Iowa 50702
Contact Information for Questions, Complaints, and Other Communications
- If we make material changes to how we treat Your personal identification information, we will notify You through a notice on the Website homepage;
- If we materially change the use of Your personal information in our possession, we will obtain Your opt-in consent by notifying You of the change. We will obtain Your affirmative agreement by posting a notice on App homepage requesting click-through consent.
If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to Your use of the Site.
Dispute Resolution, Governing Law, and Jurisdiction
For the purposes of this section:
- "We," "our," and "us" includes Senior Medicare Patrol National Resource Center.
- "You:", "Your," and "Yours" includes You and any person who may assert a claim on behalf of You, including a spouse or family member as applicable by law.
- "Disputes" is defined broadly and includes all claims and/or controversies between You and us related to our website, Your account, or this policy, under any legal theory including contract, warranty, tort, statute, or regulation.
- "Disputes" also includes any claims or controversies as to the scope or effect of our Policy.
You and we agree to arbitrate all disputes on an individual (non-class) basis. Arbitration means the case will be decided by a private arbitrator. The arbitrator will apply the Federal Arbitration Act ("FAA").
There will be no judge and no jury. The arbitrator’s decision will be final except for a limited right of appeal under the FAA.
The arbitrator will be the American Arbitration Association ("AAA"). AAA will apply its Consumer Arbitration Rules. To start an arbitration, fill out a Demand for Arbitration Consumer Arbitration Rules and mail a copy to AAA and us. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in our principal place of business Black Hawk County, Iowa, if Your dispute is with us.
However, should AAA be unable or unwilling to arbitrate the case, a court may appoint an arbitrator under Section 5 of the FAA.
The arbitrator will hear the arbitration on an individual basis. There will be no class arbitrations, no class actions, no joinder of arbitrations (without our agreement), no private attorney general actions, and no actions where one party represents other, absent parties. The arbitrator may award the same damages to You individually as a court could. The arbitrator may award declaratory or injunctive relief only to You individually to satisfy Your individual claim.
You expressly agree that the substantive laws of the State of Iowa will apply in connection with any such dispute including any claim involving Senior Medicare Patrol National Resource Center or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. The FAA is the law that will apply to any arbitration.
Where Will Disputes Be Resolved?
You and we agree to be subject to jurisdiction in the State of Iowa. Any small claims matters may be brought only in Black Hawk County, Iowa, at the plaintiff’s election. Any claims related to IP matters may be brought only in Black Hawk County, Iowa. Any action needed to compel enforcement of this Platform Policy, including the requirement to submit Disputes to individual (non-class) arbitration, shall be brought in Black Hawk County, Iowa or Your county of residence, at the election of the party seeking enforcement.
Limited Warranties and Disclaimers of Liability
Senior Medicare Patrol National Resource Center DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) REGARDING INFORMATION, CONTENT OR ITEMS APPEARING ON OUR WEBSITE. WE DO NOT WARRANT THAT DOWNLOADS FROM OUR PLATFORM WILL BE FREE OF ANY VIRUS, WORM, TROJAN HORSE, OR OTHER DATA ALTERING OR CONTAMINATING COMPONENTS. YOU ARE RESPONSIBLE FOR ENSURING THAT YOU HAVE IMPLEMENTED PROCEDURES TO PREVENT SUCH CONTAMINATING COMPONENTS FROM INFECTING YOUR COMPUTER OR DEVICE AND ITS DATA.
WHILE WE TRY TO KEEP THE INFORMATION ON OUR PLATFORM BOTH ACCURATE AND UP TO DATE, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, CORRECTNESS, USEFULNESS, OR APPLICABILITY OF ANY INFORMATION, OR OTHER DATA OR ITEMS APPEARING ON OUR PLATFORM. WE WILL NOT BE LIABLE IN ANY EVENT TO ANY USER FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON THE INFORMATION, OR CONTENT ON THIS PLATFORM.
WE DO NOT GUARANTEE CONTINUOUS OR UNINTERRUPTED ACCESS TO OUR PLATFORM, AND OPERATION OF OUR PLATFORM MAY BE INTERFERED WITH BY FACTORS BEYOND OUR CONTROL.
THE WRITTEN CONTENT OF THIS PLATFORM IS FOR INFORMATIONAL PURPOSES ONLY. NEVER DELAY IN SEEKING MEDICAL OR LEGAL ADVICE OR ATTENTION BECAUSE OF CONTENT YOU HAVE READ ON THIS PLATFORM.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR INJURY, ILLNESS, DISABILITY, LOSS OF PROFITS, GOODWILL, USE, INFORMATION YOU PROVIDE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR YOUR INABILITY TO USE OUR PLATFORM; (ii) THE COST OF PROCUREMENT OF SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE OR IN YOUR ONLINE ACCOUNT; (v) YOUR USE OF THE INTERNET OR YOUR INTERNET SERVICE PROVIDER; (vi) DEFECTS OR INACCURACIES IN YOUR DEVICE OR SOFTWARE USED TO ACCESS THE PLATFORM ; OR (vii) ANY OTHER MATTER RELATING TO YOUR USE OF THE PLATFORM. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT OF FEES PREVIOUSLY PAID BY YOU (IF ANY) TO SMP RELATING TO YOUR USE OF THE PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Your Indemnification Obligations
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SMP, AS WELL AS SMP’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM YOUR VIOLATION OF THIS PLATFORM POLICY OR THE USE OF OUR PLATFORM.