October 16, 2020
Your Privacy Rights
California’s Shine the Light Law.
Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year.
To request a copy of the information disclosure provided by NIXIT pursuant to Section 1798.83 of the California Civil Code, please contact NIXIT at Nixit Hub, Inc., Attn.: California Privacy Rights, 717 Calle Perlino, Suite 200, San Clemente, California 92673, USA, [email protected] .
California Consumer Privacy Act
1. California residents have the right to request any of the following information about the Information that we collect:
- What Information we collect about you
- Where and from whom we collect Information about you
- Our business purpose for collecting Information about you
- The types of third parties with whom we share your Information
- The specific pieces of Information we collect about you. The types of Information that we disclosed about you for a business purpose, and the categories of third parties to whom we disclosed your Information
2. You have the right to receive the information referenced above free of charge; by mail or electronically; and in a portable and readily useable format, to the extent possible.
3. You have the right to be informed about the PI that we collect about you at or before we collect it. This is that notice.
4. You have the right to request that we delete any PI about you that we have. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why.
5. We will honor your rights by not:
- Denying you services
- Charging you different prices or rates for services, including through the use of discounts or other benefits or imposing penalties
- Providing you with a different level or quality of services
We will request specific information from you to help us confirm your identity and process your request. We will not use that information for any other purpose.
Our responses to any of your requests for the information described above will be limited to information collected in the past 12 months from the receipt of your verified request.
You must be at least 18 years of age to use the App. You represent that you are the age of 18 or over and have the legal capacity to enter a contract in the jurisdictions where you reside. We do not knowingly collect personal information from children under 13 or allow them to create an account for the App. We take children’s privacy seriously and encourage parents to play an active role in their children’s online experience at all times.
NIXIT does not wish to collect any Personal Information (or any information at all) from any persons under 13 years old. If you are under 13 years old, you may not use the App. If a parent or guardian becomes aware that their child has provided personal information without their consent, they should contact [email protected]. We will delete such information from our files within a reasonable amount of time.
Collection of Health Information
Individually identifiable health information may be collected by NIXIT and Providers through the Platform. The privacy and security of your individually identifiable health information provided to NIXIT in connection with the Service may be protected by state privacy laws and federal law including, without limitation, the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the HITECH Act, and their regulations. This health information is “protected health information” (“PHI”).
Our data handling practices of your PHI provided to NIXIT and Providers through the Platform are intended to adhere to HIPAA. We will maintain the privacy of your PHI in accordance with HIPAA. PHI may be used and disclosed by NIXIT as necessary to provide the Service, for our own management and operations, to meet our legal obligations, and for any other purpose for which you have given consent. We may share PHI with third parties for these purposes in compliance with applicable law. We may de-identify PHI and aggregate it for purposes of monitoring and improving our products and services, for benchmarking purposes, and to provide customized services or technologies to our customers.
Statement of HIPAA Compliance
As a Business Associate (BA) of HIPAA compliant Covered Entities, we are aware of our obligation to implement effective security and privacy policies that comply with these regulatory standards.
Statement of 42 CFR Part 2 Compliance
NIXIT is prepared to work with any entity requiring compliance with 42 CFR Part 2. Our operating processes and security parameters are designed to protect individual data to the highest reasonable standard.
NIXIT requires explicit authorization and consent to share data within an individual’s support network. Support persons are added to this network by the client themselves. We do not share data on behalf of any client without explicit authorization to do so.
All data are input and reported by the account holder, with the exception of GPS location, which is collected by the mobile device independently of NIXIT and is verified and reported.
Our application icon is discrete, and does not indicate by design, branding, or other external feature an affiliation with substance abuse treatment, addiction, or recovery.
Our HIPAA compliance training includes a review of 42 CFR Part 2, and all employees are educated on the importance and necessity of respect for persons and privacy.
Our application requires an individual login to view scheduled appointments, contacts, or any other data that might be considered sensitive, or identifying the individual as a current or former individual in long term recovery.
We don’t disclose information about our clients without their consent. They choose what is shared and with whom. In the event that a treatment center requests access to the data dashboard, we require a consent from our client that describes the data shared and the applications before the data dashboard can be viewed by the treatment center.
Disclosures to law enforcement are determined by the laws of the requesting jurisdiction.
Protocols for Communications Using the App
Consent and Authorization: Your use of App constitutes your authorization for your care team members consisting of provider(s) and support team member(s) to communicate with you through the means provided by the App.
Information We Collect And Use
We may require Subscribers who use the App (collectively, the “Service“) to give us contact information, which may include, but is not limited to, the Subscriber’s name, birthdate, mailing address, phone number, email address, device id, cookies, IP logs, and other information (collectively “Personal Information”). Besides the Personal Information, we may also collect other information regarding your use of the App. From time to time, we may also collect or ask for additional Personal Information, which will also be expressly included herein as Personal Information. You can opt out of providing this additional information by not entering it or not using the App, although not providing it may hinder your ability to use the App and/or the Service.
We collect information, including protected health information, and use it in the aggregate, after we have removed any personally identifiable information. By using the App, you acknowledge and agree that NIXIT will be collecting and storing certain information related to the use of the App, and NIXIT and its designees may use that information, including in the aggregate.
We use the information that we collect to provide and maintain the App, to provide the Service, to market our brand, to compile a database of App Users, and other ways, as we deem appropriate in our sole discretion and to provide the Service, and to provide any other services that you and NIXIT agree to. We may also use the information to contact you to further discuss interest in our company, the goods and services that we provide, and to send information regarding our company or partners, such as promotions and events. Other companies, including but not limited to those that use the same customer and potential customer database that we use, may contact you using your Personal Information. You may receive an email newsletter or other correspondence by providing an email address. Your email address and any Personal Information will not be distributed or shared with third parties unless it is to transact such business as you have contracted us to do, to comply with any legal processes and/or law enforcement requests, or in order to conduct any business as we, in our sole subjective discretion, deem reasonable. We may also email (or send via other methods) information regarding updates to the App, and may send a newsletter, or other correspondence.
Opting out of receiving information
You will have an opportunity to unsubscribe to any emails or mailings by clicking on an “unsubscribe” hyperlink contained in promotional emails we send you. Even if you are removed from any such list, if you use the App, you will continue to receive email correspondence from NIXIT related to the App. Any opt-out by you is not deemed valid until processed by NIXIT. It is your obligation to verify that you have been opted-out. NIXIT shall not be liable for problems with the opt-out procedures.
Information we get from your care providers or treatment centers
We do not solicit information about you from any third party other than your care team. In the event that someone, such as your treatment facility and/or healthcare providers, provides us with information about you, this information is considered private and confidential, and will not be shared with unauthorized third parties.
Information We Send You
Notifications, alerts, reminders are sent to you in accordance with this policy. It is encouraged for you to keep notifications on for NIXIT App in order for the App to work as designed.
Shared Information and Geo-Fencing
With the patient user’s permission, the App allows you to share your health information (including medication information) with others, including those who you would like to be a part of your care team (“Support Team”). Some patients may find this beneficial for their overall care. If you are a patient user of the App, please note that if you invite additional users to be a part of your support team through the App, they will have access to certain information related to you, including your protected health information, and your use of the App. Further, your healthcare providers and support team members will have access to certain information related to you, including your protected health information, and your use of the App. Please make sure you understand exactly who will be able to view what information on the App, so that your expectations with regard to privacy are met. Additionally, the App uses geo-fencing and geolocation services, and tracks and stores information related to your whereabouts. By using the App, you acknowledge and agree that NIXIT will be collecting and storing information, in addition to the data you, your providers, or your support team input into the App, relate to your location and the places you visit.
If you provide credit card or other authorized payment method information to NIXIT, you authorize NIXIT, or a credit card processor of it’s choosing to receive appropriate billing information, bill such credit card or to make such charges as applicable.
Reviewing and Updating Your Information
If you register for an account on the App, you may review and update your account information by logging in to your account with your username and password at, as well as through additional links throughout the App.
Third Party Apps
The App may contain links to other Apps. We are not responsible for the privacy practices or the content of these other Apps. You will need to check the policy statement of these others Apps to understand their policies. When you access a linked site you may be disclosing private information. It is your responsibility to keep such information private and confidential.
Third Party Privacy Policies
Additional Information You Should Know About Third Parties
When you view the App, we may store some information on your computer’s hard drive. This information will be in the form of a “Cookie.” Most web browsers automatically accept Cookies, but you can change your browser to prevent that. Without accepting a Cookie, your use of the Service may be affected.
Your Information Security
Please note that our forms are encrypted to protect your privacy. Once the information is sent to our App, it is kept in secure databases where it is not available to other users on the internet with the exception of your “Care Team” members.
NIXIT periodically reviews and modifies, where appropriate, its security policies and procedures. We use reasonable care to protect your personally identifiable and confidential information provided by you to our site.
Please note that non-protected health information may be transported over an open network, such as the Internet or e-mail, and may be accessible to anybody. We cannot guarantee the confidentiality of any communication or material transmitted via such open networks. When disclosing any personal information via an open network, you should remain mindful of the fact that it is potentially accessible to others, and consequently, can be collected and used by others without your consent. In particular, while individual data packets are often encrypted, the names of the sender and recipient are not. A third party may therefore be able to trace an existing bank account or relationship or one that is subsequently created. Even if both the sender and recipient are located in the same country data may also be transmitted via such networks to other countries regularly and without controls, including to countries that do not afford the same level of data protection as your country of domicile.
Your data may be lost during transmission or may be accessed by unauthorized parties. We do not accept any liability for direct or indirect losses as regards the security of your Personal Information or data during its transfer via Internet. Please use other means of communication if you think this is necessary or prudent for security reasons.
Your Obligation Regarding the Security of Your Information
In order to help ensure that your information can only be accessed by you, and those you authorize, a confidential user name and password will be required to log in. As an app user, your role in maintaining the security of your, your provider’s, your patient’s, and/or your support teams member’s (as applicable) general information and medical information includes following common sense, such as keeping your login identification name and password confidential. In the event you access and service requiring a user name and password, you are solely responsible for keeping such user name and password strictly confidential.
NIXIT will use tools to help us learn about who visits the Site or uses the Platform and what pages or app screens are being viewed or other metrics.
Our servers automatically record information that your browser sends whenever you visit the Site. This information includes your Internet Protocol address, your browser type and version, the search engine you used to find the Service, if any, which aspects of the Service you use and from where, and when and how long you use them. We use this information to monitor and analyze how users use the Service, to provide customer service and to maintain and improve the Service. The information allows for more accurate reporting and improvement of the Service.
Control of Your Information
You may update your personal information or modify your account by accessing the account provided through the App or delete by writing to us at [email protected]. Please note that if you or NIXIT disable your account and/or delete the App, we will keep your contact information on file, and may retain other account information for a reasonable period of time afterward for the purpose of internal account management and fraud prevention activities.