Last Updated: November 2020
Welcome to Modento, Inc., (“Modento”, “we”, “us”, “our”), an online software company that provides dental professionals and their patients with a platform to interact and transact directly with each other (“Services”), through our website (which includes our Dashboard and Kiosk defined below) located at www.modento.io (“Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively the “Application”), and all associated services that we provide on our Site and Application (collectively, the “ Modento Services”).
Our Policy outlines how it is that we intend on using any of your protected health information (PHI), electronic personal health information (ePHI), Personal Information, Patient Information, Medical Clinic Data, user information, Login Credentials, Navigational, Payment Information, financial or sensitive information (“Data”) acquired, stored or maintained through your use of theModento Services. This Policy governs our data collection, processing and usage practices. It also describes your choices and rights regarding use, access and correction of your Data. If you do not agree with the data practices described in this Policy, you shall not use the Modento Services. Similarly, if you do not agree to our Terms of Service, you shall not use the Modento Services.
For the purposes of this Policy, any terms not specifically defined in this Policy or the Terms of Service shall have the meaning and definition given to them under the Health Insurance Portability and Accountability Act (HIPAA) or the other agreements incorporated herein by reference. Should you not understand your obligations under HIPAA, if any, you are not authorized to use the Modento Services.
By accessing the Modento Services, you agree to comply with this Policy, and that your visit and use of the Modento Services, and any dispute directly arising out of your use or misuse, shall be governed by this Policy. We may modify the terms of this Policy (including our Terms of Service) at any time in our sole discretion, by posting amended terms to this Policy to the Site, Application, or by sending you an e-mail to the email address you provided to us upon signing up. Your continued use of the Modento Services thereafter shall constitute immediate acceptance of all revised, modified and amended terms to this Policy. However, you should review the most up-to-date version of the Policy from time-to-time on the Site or Application. We will notify you of any material changes, amendments or modifications to the Policy through the Site or Application, or through other direct communication. In the event you choose not to agree and accept the new, modified or amended Policy, you shall cease use of any of the Modento Services and notify us in writing.
YOU UNDERSTAND AND AGREE THAT MODENTO IS NOT A MEDICAL OR DENTAL SERVICE PROVIDER AND IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PATIENTS AND PROVIDERS. THE CONTENT CONTAINED IN THE MODENTO SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED ON FOR MEDICAL OR DENTAL DIAGNOSES OR TREATMENT PLANS. MODENTO HAS NO CONTROL OVER THE CONDUCT OF PROVIDERS, THEIR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS.
PROTECTED HEALTH INFORMATION, HIPAA & BUSINESS ASSOCIATE
It’s important for you to know that Modento is not a “covered entity” pursuant to HIPAA. However, pursuant to 45 CFR 160.103, we are a “business associate” to our Dental Clinics (defined in our Terms of Service), who are considered “covered entities” and who may possess Individually Identifiable Health Information that is protected under HIPAA, the Privacy Rule, the Security Rule and the HITECH Standards.
We still require that all health care providers, Dental Clinics, physicians, hospitals, staff and their personnel, employees, agents, vendors, and affiliates who use the Modento Services comply with this Policy, and all federal, state, or local government law, statute, rule, code, regulation, permit, ordinance, authorization, order, judgment or similar governmental requirement, including without limitation the Health Insurance Portability and Accountability Act of 1996 (HIPAA).We also require all of our vendors, third party affiliates and partners who assist us in providing the Modento Services abide by the data practices and policies set forth herein and pursuant to HIPAA.
As a Business Associate to our Dental Clinics, we will appropriately safeguard the protected health information we receive or create on behalf of the covered entity or Dental Clinics and for Patients. We will use the Data and information collected by the Dental Clinics only for the purposes of providing the Modento Services to the Dental Clinics and its Patients (defined in our Terms of Service). We will safeguard the Data information from misuse and will help the Dental Clinics comply with some of their duties as a covered entity under the Privacy Rule. Dental Clinics that qualify as a covered entity, may disclose protected health information to us in our role as a Business Associate to them, only to help the Dental Clinic carry out its health care functions, not for our independent use or purposes, except as needed for the proper operations, management, research, development and administration of Modento Services.
Under HIPAA, a “covered entity” is required to provide its patients a Notice of Privacy Practices that describes how the covered entity uses and discloses PHI. As a result, the Dental Clinics shall provide Patients who use Modento Services a HIPAA Notice of Privacy Practices that describes how the Dental Clinics may use or disclose Patients PHI (the “Dental Clinic’s Notice of Privacy Practices”).
HIPAA also requires a covered entity to obtain a patient authorization that satisfies certain requirements in order for the covered entity or its business associates to use or disclose PHI in certain ways. In order to ensure that the Dental Clinics and Modento are able to effectively provide their respective services to both the Dental Clinics and Patients, and that you are able to utilize the full functionality of the Modento Service, the Dental Clinics and Modento may need to use or disclose Patient PHI in ways that would require the Dental Clinic to obtain an authorization under HIPAA. As a result, the Dental Clinic has obtained or will obtain from Patient a patient authorization (a “Patient Authorization”) that authorizes the Dental Clinics and Modento to use and disclose Patient PHI with one another in order to provide the Modento Services.
BEFORE USING THE MODENTO SERVICES, PLEASE CONTACT YOUR DENTAL CARE PROVIDER FOR A COPY OF YOUR DENTAL CLINIC’S NOTICE OF PRIVACY PRACTICES AND ANY REQUIRED AUTHORIZATIONS PURSUANT TO THE HIPAA.
If you are a Patient, you agree that you have provided your Dental Clinic, that uses the Modento Services, adequate and up-to-date health authorizations to release information to us, and for us to use in the operation of the Modento Services. If Patient is a Minor, a legal guardian guarantees that they have executed and delivered the appropriate and required health authorizations on behalf of the Minor to the Dental Clinic using Modento Services. You hereby agree, that since we are a Business Associate of our Dental Clinics, we shall have the right to access, collect, acquire, analyze, retain, and use the Data that we are provided through the Dental Clinic’s use of the Modento Services, solely for business purposes, including, without limitation, patient timelines, patient notifications, appointment scheduling, communications, and research and development for further features, services, and products. We will never sell your Data to third parties, vendors, or partners without your prior written authorization.
1. Use by Minors
2. Information We Collect (“Information”)
3. When We Collect Information. We may collect Data submitted by you when you:
4. How We Use the Data Collected. We may use the information collected from your use of the Modento Services or visit to the Site or Application for the following purposes:
5. Information We Share
6. Third-Party Affiliates
7. Security, Payments and Breach Notification
8. Changes to Personal Information. You may request corrections, updates, or deletion of your PHI, Patient Information, Registration Information, and Data by contacting us at email@example.com or by accessing the settings in your Account. We will respond to your request within a reasonable amount of time from when you submit the request. Unless you request otherwise, we will retain your information and Data for the purpose of providing the Services.
9. Communications and Marketing. We will communicate with you through the information you have provided to us, including, email, phone, fax, text messages and in-application/web portal notifications, if applicable. Should you want to unsubscribe or opt-out of any communication with us, you may do so by clicking the unsubscribe button at the bottom of all emails, or by sending us an email. You have the right to opt-out of receiving any such communications, unless it is material to your Data, use or misuse of the Modento Services.
10. Retention of Information and Data Collected
12. Your Data Protection Rights
13. Global Digital Privacy Regulations (GDPR) Compliance
7001 Cook Ct
Snoqualmie, WA 98065