Your relationship with your sleep coach, and your relationship with Proper, is not considered a legally confidential relationship like your relationship with a legal or medical professional. That means that your communications with us are not subject to the protection of any legally recognized privilege. That also means that any information you disclose to us is not covered by Health Information Portability and Accountability Act of 1996, as amended (“HIPAA”). We do not represent that we comply with HIPAA.
We agree that, except as described below, we will not disclose any information that you disclose to Proper or your sleep coach in connection with the Program (“Confidential Information”) without your written consent.We will not solicit private information from you unless it is essential in your participation of the Program, the implementation of research or in maintaining the quality of our products and services. Confidential Information does not include information (a) information we possessed prior to the time you provided such information to us, (b) information generally known to the public or in Proper or your sleep coach’s industry, (c) information independently developed by us without use or reference to your information, or (d) is obtained by Proper or your sleep coach from a third party without breach of any obligation owed to you.
Electronic Transmission of Information
“Confidential Information” includes information communicated to us through electronic means, including telephone, email, fax, computer, video conference, instant messaging or our website. You agree to receive emails from us in connection with the Program, including emails regarding scheduling, your personal sleep action plan and other matters. We take precautions to protect Confidential Information communicated to us through electronic means. However, you acknowledge and agree that not all forms of electronic communication are encrypted and thus a risk of disclosure exists with their use.
Disclosure of Confidential Information without Consent
There are certain circumstances in which we may disclose your Confidential Information without your consent:
- Our sleep coaches may discuss your Confidential Information with Proper for professional, consultative or scientific purposes, or for purposes of improving Proper’s business practices.
- We may disclose your Confidential Information on a de-identified basis, such that you are not individually identifiable.
We may disclose your Confidential Information in the aggregate with other information gathered by Proper, which will be disclosed on a de-identified basis such that you are not individually identifiable.
We may disclose information to the extent required by law, including, without limitation, as required by statute, lawfully issued subpoena, or court order to disclose.
We may disclose information if anyone at Proper or your sleep coach believes there is an imminent or likely risk of harm to you or others or if the information may compromise your well-being.
We may disclose information regarding any illegal activity.
We may disclose Confidential Information regarding child or elder abuse or neglect.
Proper and your sleep coach maintain records with respect to the documents, information, acquired or shared by you during the term of your relationship with Proper and your sleep coach. Proper will maintain such records for a period of not less than one year.