EU-US Data Privacy Framework and UK Extension Privacy Policy

Last Updated May 1, 2024

InterOperability Bidco, Inc., dba Rhapsody, provides integration, identity and terminology software solutions to healthcare providers, health IT companies, insurers and health information exchanges. We do not directly request personally identifiable information (PII) about individuals (non-employees) for our own behalf or for any purpose of our own. Rhapsody does not have control over how our customers use the personal information that is disclosed to them. We provide a safe and secure transfer, storage and processing mechanism for such information gathered by our customers to seamlessly flow from one application to another. The origin, storage and transfer of such data is decided by our customers.

Rhapsody is committed to protecting the privacy of individuals in accordance with applicable privacy laws and customer requirements. The purpose of this Privacy Policy is to provide an overarching set of requirements for the organization’s management of PII based on internationally accepted privacy principles, forming the foundation of Rhapsody’s global privacy and data protection program. Rhapsody is subject to the investigatory and enforcement policies of the Federal Trade Commission. This DPF Privacy Policy (the “Policy”) sets forth the privacy principles Rhapsody follows with respect to transfers of personal information from the EEA and the United Kingdom to the United States.

SCOPE

This DPF Privacy Policy (the “Policy”) applies to all personally identifiable information received by Rhapsody in the United States from the EEA and the United Kingdom, in any format, including electronic, paper or verbal.

DEFINITIONS

For purposes of this Policy, the following definitions shall apply:

  • “Agent” means any third party that collects or uses personal information under the instructions of, and solely for, Rhapsody.
  • “Customer” means any customer of Rhapsody, located in the EEA and the United Kingdom, for whom we host or store personal data on our servers in the United States.
  • “Rhapsody” means InterOperability Bidco, Inc., d.b.a. Rhapsody, its predecessors, successors, subsidiaries, divisions and groups in the United States.
  • “Personal information” means any information or set of information that identifies or could be used by or on behalf of Rhapsody to identify an individual. Personal information does not include information that is encoded or anonymized or publicly available information that has not been combined with non-public personal information.

PRIVACY PRINCIPLES

NOTICE:

Rhapsody does not collect personal information directly from individual data subjects in the EEA or the United Kingdom. Where Rhapsody receives, stores, or processes personal information from our customers in the EEA or the United Kingdom, we will use and disclose such information in accordance with the notices provided by our customers, only if consistent with the DPF Principles, and the choices made by the individuals to whom such personal information relates. We will endeavor, as much as is practicable, to enable our customers to publish and follow the EU Data Protection Directive (and any relevant UK Directives).

CHOICE:

Rhapsody will enable our customers to offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. Rhapsody will enable our customers to provide individuals with reasonable mechanisms to exercise their choices.

ACCOUNTABILITY FOR ONWARD TRANSFER:

Rhapsody does not transfer data to third parties outside of its agents. Rhapsody will obtain assurances from its agents that they will safeguard personal information consistently with this Policy. Examples of appropriate assurances that may be provided by agents include: a contract obligating the agent to provide at least the same level of protection as is required by the relevant DPF Principles, being subject to EU Directive 95/46/EC (the EU Data Protection Directive), DPF certification by the agent, or being subject to another European Commission adequacy finding (e.g., companies located in Canada), or any UK Directives if different from EU GDPR. Where Rhapsody has knowledge that an agent is using or disclosing personal information in a manner contrary to this Policy, Rhapsody will take reasonable steps to prevent or stop the use or disclosure. Rhapsody’s accountability for personal data that it receives in the United States under the Data Privacy Frameworks and subsequent transfers to a third party is described in the Data Privacy Framework Principles. In particular, Rhapsody remains responsible and liable under the Data Privacy Framework Principles if third-party agents that it engages to process personal data on its behalf do so in a manner inconsistent with the Principles, unless Rhapsody proves that it is not responsible for the event giving rise to the damage.

Please be aware that Rhapsody may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including meeting national security or law enforcement requirements.

SECURITY:

Rhapsody will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction taking into account risks involved in processing and the nature of the personal data.

DATA INTEGRITY AND PURPOSE LIMITATION:

Rhapsody does not use personal information provided by individuals to our customers; however, Rhapsody does not have control over how our customers use the personal information that is disclosed to them. When directed by our customers to process such information, Rhapsody will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. Rhapsody will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current.

ACCESS AND RECOURSE:

EU and UK individuals have the right to access their personal information. Upon request, Rhapsody will assist our customers in granting individuals access to personal information that it holds about them.

ENFORCEMENT AND LIABILITY:

Rhapsody conducts compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that Rhapsody determines is in violation of this policy will be subject to disciplinary action up to and including termination of employment.

DISPUTE RESOLUTION

Any questions or concerns regarding the use or disclosure of personal information should first be directed to the data controller in question (our Customer); or if the question or concern is from our Customer, then to Rhapsody at the address given below. Rhapsody will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information by reference to the principles contained in this Policy.

In compliance with the Data Privacy Framework Principles, Rhapsody commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to the Data Privacy Frameworks. European Union and United Kingdom individuals with DPF inquiries or complaints should first contact Rhapsody by email at privacy@rhapsody.health.

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, Rhapsody commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs) and the UK Information Commissioner’s Office (ICO) regarding unresolved complaints concerning our handling of data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF.

If your DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf.

Please note that we are subject to the investigatory and enforcement powers of the US Federal Trade Commission (FTC).

LIMITATION ON APPLICATION OF PRINCIPLES

Adherence by Rhapsody to these DPF Principles may be limited (a) to the extent required to respond to a legal or ethical obligation; (b) to the extent necessary to meet national security, public interest or law enforcement obligations; (c) to the extent expressly permitted by an applicable law, rule or regulation; and (d) to the extent that Rhapsody has limited or no control over the actions of its Customers regarding use of personal information that they have collected.

INTERNET PRIVACY

Rhapsody recognizes the importance of maintaining the privacy of information collected online and has created a “Communications Privacy Policy” governing the treatment of personal information collected through web sites that it hosts. With respect to personal information that is transferred from the European Economic Area or the United Kingdom to the U.S., the “Communications Privacy Policy” is subordinate to this Policy.

CONTACT INFORMATION

Questions or comments regarding this Policy should be submitted to InterOperability Bidco, Inc., d.b.a. Rhapsody by mail to:

InterOperability Bidco, Inc., d.b.a. Rhapsody
100 High Street, Suite 1560
Boston, MA 02110
United States
Attn: Privacy Department

Or by e-mail to:  privacy@rhapsody.health

CHANGES TO THIS DATA PRIVACY FRAMEWORK PRIVACY POLICY

This Policy may be amended from time to time, consistent with the requirements of the DPF Principles. When we make changes to this Privacy Policy, we will post the updated Privacy Policy on the website and update the Privacy Policy’s “last updated” date above. It is important that you check back from time to time and make sure that you have reviewed the most current version of this Privacy Policy. 

EFFECTIVE DATE: May 1, 2024