Privacy Policy

The Octavian Group and its affiliates (collectively, “The Octavian Group, LLC ” “our,” “us,” or “we”) operate websites and provide products and services through mobile and other applications. We refer to these as “site(s),” “service(s),” or “our sites and services.”

This privacy policy applies to our sites and services on which we display or post a direct link to this privacy policy. This privacy policy does not apply to those sites and services that do not display or link to this privacy policy, or that have their own privacy policies. However, we often acquire new companies to expand our business. Some acquired companies may operate under their own privacy policies until we integrate their privacy practices with ours.

This privacy policy applies to all users of our sites and services and covers what information we collect and why we collect it, how we use the information we collect, and the choices you have to access and update that information. Please familiarize yourself with our practices and let us know if you have any questions. By using our sites and services, you expressly consent to our collection, use, disclosure, and retention of your personal information as described in this privacy policy. Each time you use our sites and services, the current version of this privacy policy will apply. If you do not agree to this privacy policy, please do not use our sites or services.

Data Controller and Contracting Parties

For the purposes of the General Data Protection Regulation 2016/679 (the “GDPR”), the Data Controller is Octavian Group, LLC registered in the State of Texas, United States of America.

You can contact our Data Protection Officer by sending an email to contact@theoctaviangroup.com.

Personal Information that You Provide to Us

Personal information is information that can be used to identify, locate, or contact an individual, and includes other information that may be associated with personal information. When you interact with our sites and services, depending on the site or service, we may collect the following personal information directly from you:

1.    Account or Registration Information, where needed to use our sites and services, and may include your name, address, email address, telephone number, birthday, user account name, and password;

2.    Contact Information, which generally includes your name, addresses, email addresses, social media website user account names, and/or telephone numbers;

3.    Attorney Information, which may include your firm name, address, telephone number, state where you are licensed and bar number. In the course of your use of the site, we may also request additional information from you. For example, if you are an attorney or other professional services provider, you will be asked to describe your areas of practice, experience, and education.

4.    Payment Information, where needed to process payments and generally includes your credit or debit card number, expiration date, card verification number and automobile insurance information;

5.    Transaction Information, which may include information about how you interact with and use our sites and services, email, other communications, and applications, and how you interact with merchants, business partners, and service providers;

6.    Geographic Location Information, but only if your device transmits location data and/or your IP address and you have activated a location-enabled site or service;

7.    Survey Data, where needed for the functionality of certain services and generally includes survey questions and responses, and may allow you to import email addresses and names in order to send surveys or to allow us to send surveys on your behalf;

8.    Medical Information, where needed for the functionality of certain services, such as to connect you with your healthcare provider, and may include your medical history, present injuries or symptoms, future conditions or treatments, insurance carrier and plan, and any other medical and health information you or your healthcare provider choose to provide to us;

9.    Access to Your Data, but only if you use certain services, interactive tools, or authorize us to retrieve information from another database, user, or other third party on your behalf, such as integrating a practice management system with your services;

10. Your Submissions, which generally includes information you voluntarily provide through free form text boxes, document upload, or data retrieval or import;

In each of the above instances, you will know what personal information we collect through our sites and services because you voluntarily and directly provide it to us.

Other Information We Automatically Collect through Cookies and Other Technologies

We or our third-party service providers may collect and store certain technical information when you use our sites and services. For example, our servers receive and automatically collect information about your computer and browser, including, for instance, your IP address, browser type, domain name from which you accessed the site or service, device size and other software or hardware information. If you access our sites and services from a mobile or other device, we may collect a unique device identifier assigned to that device (UDID), type of device, general GPS location, or other transactional information for that device in order to serve content to it and to improve your experience in using the sites or services.

In addition, we or our third-party service providers may collect information about how you use of our sites, including but not limited to, the date and time you visit the sites, the areas or pages of the sites that you visit, the amount of time you spend viewing the sites, the number of times you return to the sites, visits to sites outside our network, preferred language, and other click-stream data.

Cookies

We or our third-party service providers may use cookies and other tracking technologies (including browser cookies, pixels, beacons, mobile application identifiers, and Adobe Flash technology) to help us recognize you across different sites and services, improve your experience, increase security, measure use and effectiveness of our services, and serve advertising. You can control cookies through your browser settings and other tools.

By visiting our sites and services, you consent to the placement of cookies and beacons in your browser and HTML-based emails in accordance with this privacy policy.

Do Not Track

You can opt-out of being targeted by certain third party advertising companies online by visiting the Network Advertising Initiative, Omniture, Aperture, PrivacyChoice, and/or Digital Advertising Alliance.

We currently do not respond to “Do Not Track” browser signals. Accordingly, your navigation on our sites and services may be tracked as part of our efforts to gather user information described above. If you arrive at our sites and services by way of a link from a third-party site that does respond to “Do Not Track” browser signals, such “Do Not Track” browser signal recognition will end as soon as you reach our sites and services.

Our Legal Bases for Processing

We will only collect and process personal information, including sharing it with third parties, where we have a legal basis for such collection and processing. We rely on a number of legal bases, including:

1.    our legitimate interests in providing and improving our sites and services;

2.    our legitimate interests in keeping our sites and services safe and secure;

3.    our third party service providers’ legitimate interests as described in “Other Information We Automatically Collect Through Cookies and Other Technologies” above;

4.    your consent to the processing of your personal information, which you can revoke at any time;

5.    where the processing of personal information is necessary for the performance of a contract to which you are a party to;

6.    where the processing of your personal information is required to protect your vital interests or those of another person, such as other users of our sites and services;

7.    where the processing of personal information is necessary to comply with a legal obligation such as a law, regulation, search warrant, subpoena, or court order.

How We Use Personal Information

Personal Information that You Provide to Us

We may use the personal information that you provide in one or more of the following ways:

1.    to carry out our obligations arising from your purchase of, or subscription to, our services or any other contract entered into between you and us;

2.    to enable site features such as geographically specific pricing or logging, and retrieving and providing analysis of data;

3.    to send you important notices, such as communications about changes to your account, and our sites’ and services’ terms, conditions, or policies;

4.    to process payments and to send you emails, invoices, receipts, notices of delinquency, alerting you if we need different or updated payment card information or other communications in connection with processing and collecting payments;

5.    to solicit input and feedback to improve our sites and services and customize your user experience;

6.    to enable you to communicate with other site or service users via private messaging or other service specific communication channels;

7.    to contact you via email, telephone, text or chat in a manner required by law;

8.    to meet contractual obligations;

9.    to send you reminders, technical notices, updates, security alerts, support and administrative messages, and service bulletins;

10. to inform you about new products or promotional offers, or other opportunities which we feel will be of interest to you, and to provide advertisements to you through our sites, email messages, text messages, applications, or other methods of communication;

11. to manage our sites’ and services’ administration, forum management, or fulfillment;

12. to provide customer service and technical support;

13. to administer surveys, sweepstakes, giveaways, contests, or similar promotions or events sponsored by us or our partners;

14. to prevent fraud or potentially illegal activities, enforce our sites ‘Terms of Use’ or to comply with applicable law;

15. for internal purposes such as auditing, data analysis, and research to improve our products, services, and communications;

16. to help you contact or schedule an appointment wPrivacy Policy

Sharing Personal and Non-Personal Information

We may share your personal information with third parties in the following circumstances:

1.    when we engage third parties to perform services on our behalf, such services include maintenance, hosting, data storage, security, analytics and data analysis, payment processing, marketing, email and text message distribution, customer service, and surveys and sweepstakes;

2.    when you communicate with us by email, submit an online form through our sites and services, request a quote or information, purchase a product or service, or otherwise submit a request through our sites and services, the personal information you provide may be shared with third parties to process or respond to your request, provide you with the products or services you requested, or complete a transaction online.

3.    when you schedule an appointment with a legal professional, we may share your contact data, insurance data, and medical data with such legal professional;

4.    where necessary to operate our sites and services, your personal information and the contents of all of your online communications on or through our sites and services may be accessed and monitored:

1.    to satisfy any applicable laws or regulations,

2.    to defend ourselves in litigation or a regulatory action,

5.    in order to protect the rights or property of Mobile Me This and our subsidiaries and corporate affiliates, including to enforce our sites’ or services’ Terms of Use,

6.    when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a subpoena, court order, or search warrant),

7.    where we believe our sites and services are being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and risk management, and

8.    when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person, or the public generally;

9.    in the event of a merger, acquisition, debt financing, restructure, sale of Mobile Me This’s assets by or with another company, or a similar corporate transaction, we may need to disclose and transfer all information about you, including personal information, to the successor company;

10. we may share information about you with Mobile Me This’s subsidiaries and affiliates and companies acquired by or merged with Mobile Me This and its affiliates, including without limitation, to enable such acquired or merged companies to advertise to you products and services in which you may be interested.

11. when you register to use a service co-branded by Mobile Me This and other companies with which we partner, we may share the personal information you provide with such companies; in this instance, both our privacy policy and the partner’s privacy policy will apply;

We may share personal information about you for any other purpose(s) disclosed to you at the time we collect your information or with your consent.

Opting-Out

Any opt-out requests related to a third party’s products or services must be submitted to directly to the third party providing the products or services.

Please be aware that certain records and information will be retained for specific purposes such as legal, payment, accounting, technical, dispute resolution, enforcement of our sites’ and services, or customer service.

Storing Personal Information

We retain your personal information while your account is active or as needed to provide you services. Additionally, we may retain personal information even after your account has been closed if retention is reasonably necessary to comply with our legal or regulatory obligations, resolve disputes, prevent fraud and abuse, or any other contract entered into between you and us, or if it is not technically feasible to delete your personal information.

Email and Other Communications

Our sites and services may allow us or other users to communicate with you or other users through our in-product instant messaging services, service-branded emails, SMS, and other electronic communication channels.

Text Messaging

We may make available text messaging services in which you can receive messages from us and send messages to us on your mobile phone. We may send you communication by SMS texts via an automated telephone dialing system.

Opting Out of Requested Communications

Requested communications include, for instance, email newsletters and software updates that may be expressly requested by you or which you consented to receive either by contracting with a law firm or in submission of request for information. After you request such communications, you may “opt-out” of receiving them by using one of the following methods:

1.    selecting the email “opt-out” or “unsubscribe” link, or following the opt-out instructions included in each email communication;

2.    returning to the web page(s) where you originally registered your preferences and following the opt-out instructions;

3.    by replying to SMS text messages with STOP as detailed as option in text messaging sent;

Opting Out of Transactional or Relationship Communications

Communications that are sent by or on behalf of a user are indicated as being from that user. Communications that are sent by us are indicated as being from us or one of our account or support specialists. Either type of communication may be “real time” communications or communications triggered automatically upon the occurrence of certain events or dates, such as appointment reminders. Email communications received from users and our administrative announcements are often transactional or relationship messages, such as appointment requests, reminders, and cancellations. You may not be able to opt-out of receiving certain email messages, although our services may provide a means to modify the frequency of receiving them.

Opting Out of General or Promotional Communications

General communications provide information about products, services, and/or support and may include special offers, new product information, or invitations to participate in market research. You may opt-out of receiving these general communications by using one of the following methods:

1.    selecting the email “opt-out” or “unsubscribe” link, or following the opt-out instructions included in each email communication;

2.    by contacting us by email at contact@theoctaviangroup.com

Protecting Personal and Protected Health Information

To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of the information we collect, we deploy a wide range of technical, physical, and administrative safeguards, including: firewalls, system alerts, and other information system security technologies; housing health data in secure facilities that restrict physical and network access; and regular evaluation and enhancement of our information technology systems, facilities, and information collection, storage, and processing practices. We use reasonable and appropriate administrative, physical, technical, and data security procedures and controls to safeguard your personal and protected health information against unauthorized access, disclosure, loss, misuse, and alteration. Under applicable law, we are required to apply reasonable and appropriate measures to safeguard the confidentiality, integrity and availability of Protected Health Information (“PHI”), as such term is defined by the Health Insurance Portability and Accountability Act, the Health Information Technology for Economic and Clinical Health Act (collectively referred to herein as HIPAA), residing on and processed by our sites and services.

We use third-party service providers to manage credit card and payment processing. These service providers are not permitted to store, retain, or use billing Information except for the sole purpose of credit card and payment processing on our behalf. When you enter payment information to be processed by our third party service providers, we encrypt the transmission of that information using transport layer security (TLS) technology and do not store it on our systems.

It is important to remember, however, that no system can guarantee 100% security at all times. Accordingly, we cannot guarantee the security of information stored on or transmitted to or from our services. We cannot assume responsibility or liability for unauthorized access to our servers and systems. When disclosing any personal or protected health information, you should remain mindful of the fact that it is potentially accessible to the public and, consequently, can be collected and used by others without your consent. Accordingly, you should carefully consider if you want to submit sensitive information that you would not want disclosed to the public and should recognize that your use of the Internet and our sites and services is solely at your risk. You are ultimately responsible for maintaining the secrecy for all your personal information, including your protected health information. Except as provided in a Business Associate Agreement between us and a healthcare provider, we have no responsibility or liability to anyone for the security of your personal or protected health information transmitted via the Internet.

HIPAA

Our sites and services may collect, disclose, use, and store PHI that you submit to your healthcare provider or that your healthcare provider submits to us. Our collection, disclosure, use, and storage of PHI, is governed by HIPAA.

Use and Disclosure of Your Protected Health Information

When you use certain services, the PHI that you submit is used and disclosed by us as a Business Associate, as defined by HIPAA, according to the terms of the Business Associate Agreement between us and your healthcare provider. Accordingly, we may only use and disclose your PHI on behalf of, or to provide services to, your healthcare provider according to the terms of the Business Associate Agreement. There are exceptions to this use and disclosure restriction. Under such exceptions, we may use and disclose your PHI (i) for our internal management and administration; (ii) to carry out our legal obligations; and (iii) to perform data aggregation services for your healthcare provider and other healthcare providers; provided that, any disclosures for our internal management and administration or to carry out our legal obligations are either required by law or made after we obtain reasonable assurances from the party to whom the PHI is disclosed that such PHI will be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed to such party.

We may subcontract some of our services. In doing so, we require our subcontractors to comply with the same terms and conditions for PHI that apply to us as a Business Associate.

As a Business Associate, we may be permitted to de-identify your PHI. We de-identify PHI in accordance with the criteria prescribed by HIPAA. We may use and disclose any such de-identified information in the same manner as personal information under this privacy policy.

This section does not provide you with any right under this privacy policy, HIPAA, or any other law or regulation.

How to Access, Change, or Remove Your PHI 

Subject to certain exceptions, HIPAA establishes rights with respect to your PHI. These rights generally include the right to restrict the uses and disclosures of your PHI, the right to access and receive a copy of your PHI, the right to amend your PHI, and the right to receive an accounting of the disclosures of your PHI. If you wish to exercise any of these rights, please contact your healthcare provider.

Please note that you are not entitled to review the content of another user’s account. Accordingly, if you have used our sites and services to share personal information with another user or third-party, you may not be entitled to access, update, or delete the information that you shared. Further, please note that other users may submit information that identifies you, and you may not be entitled to access, update, or delete that information. In either case, certain users, such as healthcare providers, may be required by HIPAA and other applicable laws or regulations to retain such information for extended periods of time.

Most of our Business Associate Agreements require us and our subcontractors to either return or destroy PHI received or created pursuant to the business associate relationship upon the termination of the Business Associate Agreement. Accordingly, if the Business Associate Agreement between us and your healthcare provider has been terminated, then any PHI that you submitted to our sites and services, or otherwise maintained by us or a subcontractor in connection with our sites and services, will be returned to the healthcare provider or destroyed by us or such subcontractor.

Children’s and Minor’s Privacy

Children under the age of 18 are not permitted to use our sites and services. We do not knowingly collect personal information from children under the age of 18 or utilize plug-ins or ad networks that collect personal information through child-directed third-party websites or online services. If we learn that we have collected personal information from a child under 18, we will take steps to promptly delete such information.

Our sites and services generally require users to be at least 18 years of age. Unless our sites and services contain the “Privacy Rights for California Minors in the Digital World” supplemental terms, our sites and services do not collect age from users under 18. Without limiting the generality of the foregoing, our services may allow users above the age of 18 (such as healthcare providers, parents, and guardians) to submit personal information of minors. Such users assume full responsibility over their submission, use, and transmission of such information.

International Users

We are headquartered in the United States at 5111 Oak Tree Circle, Dallas Texas  75287. Our sites and services are hosted and administrated in the United States or hosted with cloud service providers who are headquartered in the United States and are intended for users in the United States. If you are located outside the United States, be aware that information you provide to us or that we obtain as a result of your use of our sites and services may be processed in, transferred to, and stored in the United States and will be subject to United States law. The privacy and data protection laws of the United States may be different from the laws of your country of residence.

By using our sites and services or providing us with your information, you consent to the transfer of your information to the United States for processing and storage.

California Privacy Rights

FOR RESIDENTS OF CALIFORNIA ONLY. Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of your personal information with third parties. If you reside in California and you have provided us with your personal information, you may request information about our disclosures of certain categories of your personal information to third parties for direct marketing purposes by contacting us at contact@theoctaviangroup.com

FOR RESIDENTS OF CALIFORNIA UNDER THE AGE OF 18. In accordance with Section 22581 of the California Business and Professions Code, you may request and obtain the removal of content or information you have publicly posted. To make such a request, please contact us by email at contact@theoctaviangroup.com with “California Privacy Rights” in the subject line. Please specify the site(s) or service(s) to which your removal request relates, including any URLs where the content or information is posted, and the specific content or information you posted for which you are requesting removal. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.

Contacting Us

If you have any questions or concerns about this privacy policy or our practices you can contact us on our contact form located on our website or email us at contact@theoctaviangroup.com. Please be sure to identify the specific website, software, or service about which you have a question or concern and how we can contact you.

Changes to This Privacy Policy

We may revise this privacy policy from time to time and, if we do, we will update it on this page and modify the “Last Updated” date. If our information practices change in a significant way, you will be provided notice by means of notice on our sites or otherwise in writing. Because our privacy policy can change at any time, we encourage you to reread it periodically to see if there have been any changes that affect you. If you disagree with any changes to this privacy policy and do not wish your information to be subject to the revised privacy policy, you will need to deactivate your account or terminate your services. Your use of our sites and services following any such change constitutes your agreement that all information collected from or about you through our sites and services after the revised privacy policy is posted will be subject to the terms of the revised privacy policy.

Last Updated: December 10, 2019