Privacy Notice and Terms of Use

This application ("Application") allows members and authorized representatives to access personal medical data from Delaware Department of Health and Social Services, Division of Medicaid and Medical Assistance ("DMMA") using the Gainwell Technologies Mobile Digital Platform (MDP) MyDEMedicalAssistance application.

Use of your information maintained by [name of Agency] is subject to the [name of Agency] Notice of Privacy Practices (insert link here). This Notice and Terms of Use describes how Gainwell collects and uses your information when you use this Application. We may update this Notice and Terms of Use at any time, including as necessary to comply with the [name of Agency] Notice of Privacy Practices. You will be notified of any updates when you open the Application, and may request to terminate the agreement in writing with 30 days notice if the updates are not approved by the Agency; approval shall not be unreasonably withheld. Future updates are effective as soon as they are published.

By registering and using this Application, you agree and understand that this Notice and Terms of Use apply to your use of the Application. When you use the Application, information maintained by [name of agency] about you and individuals you are legally authorized to represent may be downloaded and displayed in the Application, including without limitation:

● Personal identifying information including name, address, phone number, email, and date of birth;

● Information about insurance plan(s) including coverage type and member ID;

● Explanation of benefits (EOBs), including insurance payments made on behalf of a recipient and the amount(s) paid;

● History of previous medical procedures;

● Description of medical conditions as recorded by a clinician;

● Medication history, including vaccinations or immunizations history, and a list of providers and organizations involved in care delivery.

Your Personal Information

We do not sell or license your information to third parties. These are the limited ways we interact with your information in connection with your use of the Application:

When you choose to view documents from DMMA (such as your ID card) using this Application, we securely store copies on your device to make the files viewable for you. On the web version of this Application, the information will be removed and deleted when you close your session.
If you use the Application to find healthcare providers near you, you may choose to allow the Application to interact with your location data for those purposes. We do not store your location data.
While you use the Application, if you choose to call a phone number displayed within the Application, the Application does not store your call history or data about the call. Be aware that if you call DMMA, Gainwell, or our partners, your call may be recorded.
While you use the Application, we may collect non-identifying information so we can provide customer service to you or DMMA and understand how people use the Application so we can improve our products. This information may include the time you began using the Application, error messages or codes, the model of device used and its operating system, and the version of the Application that is used. If you use Android devices, we also collect your connection type (cellular or Wi-Fi) when collecting error message or codes.

Only Access Information You are Allowed to Access

You may only use the Application to access your healthcare information or the healthcare information of someone you legally represent (e.g., a minor child or an adult for whom you are the legal guardian or power of attorney). Activities performed through this service may be logged and monitored. Unauthorized attempts to access or use this device, systems, or data may result in civil and/or criminal penalties under state and federal law.

By acknowledging this message, you are indicating your consent to these terms and are aware that any possible evidence of unauthorized access, criminal activity, or improper use may be provided to law enforcement officials.

In addition, you understand you are responsible for ending access in the future if you no longer have authorization to access another person's information using the Application.

How We Protect Your Personal Information

We use technical controls and safeguards to protect the privacy, security, integrity, and availability of your personal information while using this Application.

We shall ensure that all services, products and deliverables furnished pursuant to this Agreement comply with the standards promulgated by the Delaware Department of Technology and Information ("DTI") published at DTI Terms and Conditions Governing Cloud Services and Data Usage and DTI Terms and Conditions Governing Cloud Services and Data Usage Agreement Conditions Governing Cloud Services and Data Usage Agreement, and as modified from time to time by DTI during the term of this Agreement. If any service, product or deliverable furnished pursuant to this Agreement does not conform to DTI standards, we shall, at our expense and option either (1) replace it with a conforming equivalent or (2) modify it to conform to DTI standards. We shall be and remain liable in accordance with the terms of this Agreement and applicable law for all damages to Delaware caused by our failure to ensure compliance with DTI standards. >

You can take other steps to protect your information:

Do not share the username and password you use with this Application.
Change your password immediately if you believe any unauthorized access has occurred.
Use the security tools on devices you use with this Application. For example, enable data encryption and a PIN in order to access your device.
Do not root or jailbreak devices you use with this Application. Doing so can create security risks by removing your device's built-in security measures and exposing sensitive information on your device.

Third Party Applications

DMMA is providing this Application to members through Gainwell Technologies. Gainwell is required to follow all state and federal laws, including HIPAA, when accessing and disclosing your data on behalf of DMMA. DMMA and Gainwell are not responsible for the conduct of third-party applications[GK1] (which may not be covered by federal and state privacy laws, such as HIPAA). Before you authorize access, read and consider all software use agreements carefully, including the third-party application or website's Privacy Policy and Terms and Conditions information.

There may be risks whenever personal health information is shared with third-party applications. DMMA does not endorse or recommend particular third-party applications. Once a third-party application accesses your data, it may be re-disclosed by that application.

DMMA is not responsible for how a third-party application may process or display information authorized for access, including how information from other sources is processed, displayed, or managed.

Location Information

Information received by Gainwell to enable use of this Application is stored within the United States. This agreement is governed under Delaware Law.

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