Privacy Policy

Nicolette, Inc. (“Nicolette,” “We,” or “Us”) has prepared this Privacy Policy to describe our practices regarding (i) the personal information we collect from users of the Nicolette website at www.nicolette.com (“Site”), the NicoBoard mobile application provided to you on behalf of your medical provider (“Application”), and services provided through the Site and Application (collectively, with the Site and Application, the “Services”) and (ii) the Protected Health Information we may collect as part of your use of our Application. “Protected Health Information” is as defined in the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act, and regulations promulgated thereunder by the U.S. Department of Health and Human Services and other applicable state and federal laws and regulations.

If you have any questions or concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any suspected security violations to us, please contact us at support@nicolette.com.

A Note About Children. We do not intentionally gather personal information online from visitors who are under the age of 13. If a child under 13 submits personal information to Nicolette online and we learn that the personal information is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any personal information collected online from a child under 13, please contact us at support@nicolette.com.

A Note to Users Outside of the United States. If you are a non-U.S. user of the Services, by using our Services and providing us with data, you acknowledge and agree that your personal information may be processed for the purposes identified in the Privacy Policy. In addition, your personal information may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of personal information may be less stringent than the laws in your country. By providing your data, you consent to such transfer and processing.

1. Types of Data We Collect.

(a) Personal Information You Provide to Us.

  • We will collect personal information you submit when you create an account on our Services, including your [username, first and last name, e-mail address, phone number, and password] (“Account”).
  • We will collect any personal information and Protected Health Information you provide to the Services, including in any communications you may have with your medical provider and any information that you upload into Services, such as the information you upload when you use your diary.
  • If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail.
  • We may also collect personal information at other points in our Services that indicate that personal information or Protected Health Information is being collected.

(b) Information Collected via Technology.

  • Information Collected by Our Servers.
    Our servers (which may be hosted by a third-party service provider) may collect information automatically from your computer or device, including but not limited to:

    • The date and time of your visit, the pages and content you view, and links you click on while navigating within our Services;
    • Information about the type of content accessed via our Services;
    • The site you visited before and after visiting our Site;
    • Your Internet Protocol (IP) address (a numerical address assigned to your computer by your Internet service provider so that other computers connected to the Internet can communicate with your browser online) that can sometimes be used to derive your general geographic area;
    • Search terms you enter using our Services or on a referral site;
    • Unique identifiers, including non-global mobile device identification numbers;
    • Information about your device such as your device type, screen size, browser type, language and other settings, memory capacity, plug-ins, Internet domain, TCP configuration parameters, operating system, carrier code, time zone and the names, versions and package IDs of software installed on your device;
    • Information about how much research and educational material you consume and the type and language of such materials;
    • Information about the medical data you consume, including without limitation, the medical topic, time of day and duration for which you consume such information, and types of information;
    • Information about when and how you use the diary; and
    • Information collected through cookies, pixel tags and other tracking technologies (see additional descriptions of these terms below).

  • Cookies.
    Like many online services, we use cookies to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Services. This type of information is collected to make the Services more useful to you and to tailor the experience with us to meet your special interests and needs.
  • Pixel Tags.
    In addition, we use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of Web users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in Web pages and e-mail messages. We may use Pixel Tags to collect information about your interactions with our email messages, such as the links you click on and whether you open or forward a message, the date and time of these interactions and the device you use to read emails.
  • Analytics.
    We use third-party analytics services including services by provided by Google, Inc. and its affiliates (“Analytics Services”), to help analyze how users use our Services. The information generated by the Cookies or other technologies about your use of our Services (the “Analytics Information”) is transmitted to the Analytics Services. The Analytics Services use Analytics Information to compile reports on user activity and other user information. The Analytics Services use users’ personal information to improve their products and services and for analytics purposes. The Analytics Services may also transfer the Analytics Information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. The Analytics Services may also disclose aggregated user data with third parties. Each Analytics Service’s ability to use and share Analytics Information is restricted by such Analytics Service’s terms of use and privacy policy. By using our Services, you consent to the processing of data about you by Analytics Services in the manner and for the purposes set out above. For a full list of Analytics Services, please contact us at support@nicolette.com. To learn more about how Google uses data, visit www.google.com/policies/privacy/partners/..

(c) Information Collected from Medical Providers and Business Partners. We may receive personal information, Protected Health Information, and/or anonymous data from the medical provider providing care for your child and business partners that provide healthcare related information. We may combine any information that we receive from third parties with information we have already collected via our Services as described above and use that combined information pursuant to this Privacy Policy.

2. Use of Your Personal Information.

(a) General Use. In general, personal information we collect is used to respond to requests that you make, improve our Services, aid us in serving you better, or inform you of offers we believe may be of interest to you. All disclosures of Protected Health Information with respect to your child are subject to the terms of our Business Associate Agreement with the applicable medical service provider. Your personal information is used to:

  • Create and administer your Account;
  • Provide you with Services (including without limitation, visualized EMR data and insights);
  • Facilitate communications between you and your child’s medical provider;
  • Create analytical comparisons to improve our Services;
  • Provide improved administration of our Services;
  • Measure and analyze audience traffic and improve the quality of your experience when you interact with our Services;
  • Provide customer support and respond to your requests, resolve disputes and/or troubleshoot problems;
  • Tailor the features and content of the Services to you and customize the offers you see in our Services;
  • Improve our Services and develop new products and services;
  • Communicate with you about the Services, including sending you welcome e-mails such as when you create an Account, offers for products and services you may be interested in, and administrative e-mail notifications such as security or support and maintenance advisories;
  • Prevent potentially prohibited or illegal activities, comply with applicable law, and enforce the terms of any agreements we may have with you, including our Terms of Use Agreement; and
  • For any other purposes disclosed to you in this Privacy Policy or at the time we collect your information or pursuant to your consent.

(b) Creation of Anonymous Data. We may create anonymous data records from personal information by excluding information that makes the data personally identifiable. We reserve the right to use anonymous data for any purpose and disclose anonymous data to any third parties in our sole discretion.

3. Disclosure of Your Personal Information. We may disclose your personal information as described below and as described elsewhere in this Privacy Policy. All disclosures of Protected Health Information with respect to your child are subject to the terms of our Business Associate Agreement with the applicable medical service provider.

(a) Medical Providers. We may share personal information and Protected Health Information collected through the Services with your medical provider. Privacy restrictions on medical providers are governed by any privacy laws, rules, and regulations applicable to such medical provider. You acknowledge and agree that Nicolette will not be responsible or liable for any use or misuse of personal information or Protected Health Information by a medical provider.

(b) Third Party Service Providers. We may share your personal information with our subcontractors and third party service providers that help us provide the Services.

(c) Affiliates. We may share some or all of your personal information with our parent company, subsidiaries, and other companies under common ownership or control with us (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy.

(d) Corporate Restructuring. We may share some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, personal information may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the personal information collected by us and will assume the rights and obligations regarding your personal information as described in this Privacy Policy.

(e) Other Disclosures. Regardless of any choices you make regarding your personal information (as described below), Nicolette may disclose personal information if it believes in good faith that such disclosure is appropriate (a) in connection with any legal investigation or proceeding; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Nicolette; (c) to protect or defend the rights or property of Nicolette, its affiliates, its business partners, or its users; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, our applicable Terms of Use Agreement, or any other contractual arrangement.

4. Third Party Websites. Our Services may contain links to third-party websites. When you click on a link to any other website, you will leave our Services and go to another site, and another entity may collect personal information or anonymous data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites, or to any collection of your personal information after you click on links to such outside websites. We encourage you to read the privacy policies of every website you visit. The links to third-party websites are for your convenience and do not signify our endorsement of such third parties or their products, content or services.

5. Your Choices Regarding Your Information. You have several choices regarding use of information on our Services:

(a) Email Communications. When you create an Account and provide your email address, we will periodically send you administrative e-mails, free newsletters, and e-mails that directly promote the use of our and our business partners’ products and services. When you receive newsletters or promotional communications from Nicolette, you may indicate a preference to stop receiving further communications from Nicolette and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly at support@nicolette.com. Despite your indicated e-mail preferences, we may send you service related communications, including notices of any updates to our Terms of Use Agreement or Privacy Policy. Any e-mails you receive from our business partners will be subject to such third party’s privacy policy.

(b) Google Analytics. You may prevent your data from being collected and used by Google Analytics by opting out through the use of the Google Analytics Opt-out Browser Add-on available at https://tools.google.com/dlpage/gaoptout/.

(c) Cookies. If you decide at any time that you no longer wish to accept cookies from our Services for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser’s technical information. If you do not accept cookies, however, you may not be able to use all portions of the Services or all functionality of the Services. If you have any questions about how to disable or modify cookies, please let us know at the contact information provided below.

(d) Changing or Deleting Your Personal Information. You may review, update, correct or delete the personal information stored in your Account by editing your personal information in your Account settings or by contacting us. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes. Please remember, however, if we have already disclosed some of your personal information to third parties, we cannot access that personal information any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures.

6. Do Not Track. We do not currently respond to “do not track” signals from web browsers.

7. Security of Your Personal Information. We use a variety of security technologies and procedures to help protect your personal information from authorized use, access, and disclosure. However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, we cannot guarantee the absolute security of your personal information.

8. Changes to This Privacy Policy. This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy at [URL] and we will change the “Last Updated” date above. You should consult this Privacy Policy regularly for any changes.