Policies

Policies

ALWAYS BEST CARE PRIVACY POLICY
Thank you for your interest in Always Best Care Senior Services. We appreciate your interest in our services and our websites. Your right to privacy while visiting and using our websites is very important to Always Best Care, and we are committed to protecting the personally identifiable information that you disclose to us. We want you to know you can trust that we will guard the privacy of information you provide through this website, and we want you to understand our practices with respect how we gather and use the information we collect from visitors to our websites.

This Privacy Policy explains our practices, defines our users’ (“you” or “your”) privacy options and describes how your information is collected and used by Always Best Care Senior Services (“we,” “us,” “our,” or “Always Best Care”) and the ways in which you can limit our use of your information.

By using the Always Best Care websites or any of our applications, products, services, features, tools, or resources you agree to the Terms of this Privacy Policy.

This Privacy Policy and our Terms of Use governs your use of the Always Best Care websites at https://www.alwaysbestcare.com, and https://www.franchisewithalwaysbestcare.com (“Sites”) and any information we may access through social media platforms such as Facebook or Twitter, or information requested on a survey or any additional platform used to access information from Always Best Care. For the purposes of this Privacy Policy, we will refer to all of these access points as the Always Best Care system (“System”).

This Privacy Policy may be updated by Always Best Care from time to time and new versions will be marked with a corresponding effective date. You are responsible for regularly reviewing the Privacy Policy. Your continued use of the System constitutes your agreement to our then-current Privacy Policy.

Our System may contain links to other websites which have their own privacy policies that govern how they collect and use your personal information. The System may also contain certain social media icons or widgets. Although you can view the material we have linked to, you may have to create an individual account or register to use these third-party social media sites to use interactive features. Any interaction on social media websites is governed by the terms of use and privacy policy of the particular platform.

What Information is Collected?
Always Best Care collects information from you through any digital or personal communication between you and the System, such as an inquiry for more information regarding our business or opportunities to franchise with Always Best Care. Information collected by us is voluntarily provided by you and may include information such as your name, email address, phone number, and physical address, and the patient’s name, if different from your own. You may also disclose other personal information throughout the site that is automatically transmitted to us through your use of the site or through other information you provide to us when you contact us for any reason. The system may also collect general information about your technology preferences (such as the type of browner used or the files requested). Additionally, we may collect information regarding the websites you visit and other information, as described in this Privacy Policy.

The information we may collect includes, but is not limited to, the following:

• Your and the patient’s contact information, such as your name, phone number, email address or physical address;
• Information regarding your interests in obtaining non-medical in-home care, assisted living referral services or skilled home health care;
• Your general financial information such as your credit score, approximate net worth or the amount of capital you have to invest in a business;
• Information regarding your business interests such as when or where you are looking to open a business;
• Information regarding your browser and other technical specifications required to use our Sites;
• Computer data or files, often called “cookies,” which may be sent by your web browser and stored on an individual computer to allow our server to “recognize” you through the navigation of the Sites;
• Computer data files, often called “web beacons” that are collected from emails or links on third-party sites that allow our server to evaluate the popularity of those links or the information contained in emails on third-party sites; and
• Your IP address to measure our website traffic and help provide a more personalized experience.

How is Personal Information Used?
We maintain your personal information to provide you with information you have requested or to contact you in response to your inquiries. We use your personal information for a variety of purposes including, but not limited to:

• Contacting you to provide you with the information you have requested from us;
• Contacting you regarding a specific inquiry you made on our Sites;
• Tracking information about your last visit, such as technical information related your interest in particular web pages or links;
• Sending or initiating information regarding Always Best Care and future offers and services;
• Using certain online preferences in the aggregate across all users to evaluate the System and develop additional services to offer;
• Sending or initiating direct marketing programs, such as newsletters or information about new services we are offering; and
• Using content from social media platforms where you discuss our products or use a hashtag related to our products.

We do not collect or maintain “protected health information” through our Sites as described in our Notices of Privacy Practices, governed by HIPAA.

How is Personal Information Shared and Protected?
We may share information, in the aggregate, regarding your online browsing preferences to evaluate our products or allow third parties we work with to better serve our users. We will not share personally identifiable information in these instances, other than described in this Privacy Policy.

We may provide your information to third-party service providers, third-party business partners or vendors for purposes of, including without limitation, data tracking, maintenance or development of our Sites and the System, development of online products and services or customer service, or other contracted services provided to you. We may share this information with any subsidiaries, licensees, affiliates, assigns, successors, or other respective owners. We may also share your personal information in connection with law enforcement requests or in response to subpoenas, court orders, or other legal process to establish or exercise our legal rights or defend against legal claims. We do not share any personal information regarding your approximate net worth or capital for investing and do not share your information with any third parties for the purposes of marketing any products or services not related to Always Best Care.

Guidelines for Children
It is our policy to comply with the Children’s Online Privacy Protection Act of 1998 and all other applicable laws. Our Sites and System are not designed for children. We do not specifically collect information from any person under the age of 13. We do not market our products or services to children. We have no reason to believe that our Sites will attract children or that children will access our Sites or provide personal information.

Behavioral Advertising 
We may also use third-party vendors, such as Google Analytics, to advertise to our users online. These third-party vendors may display Always Best Care product advertisements on other websites based on your internet usage. More specifically, these vendors use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on your past visits to the Site or another site affiliated with Always Best Care products or services. Any information that these third parties collect via cookies is not linked to any personally identifiable information (name, address, email address, or phone number) we collect or you provide on the website. You can opt-out of Google Analytics for Display Advertising by using Google’s Ads Settings. 

Business Transfers
We may also disclose your information to a third party as part of reorganization or a sale of the assets of Always Best Care, one of its franchised locations, or its subsidiaries or divisions.  Any third party to which Always Best Care transfers or sells the System or related assets will have the right to continue to use the personal and other information that you provide to us. 

How is User Information Protected?
We maintain administrative, physical and technical safeguards for all user information collected in our System. 

How Can Personal Information be Limited or Corrected?
By providing information to us or using our System, you are consenting to our use of your data as outlined in this Privacy Policy.

While we work hard to use and disclose our users’ personal information only for the purposes identified above, you can choose not to provide personal information or limit the personal information obtained by us as follows:

• You may opt out of any email-delivered promotional messages by clicking on the unsubscribe link in any communication received from us or by emailing us at info@alwaysbestcare.com;
• You may limit the collection of “cookies” through your browser settings. However, this may disable our ability to provide you with the most relevant products or information regarding the System; and
• You may limit the ability of Google Analytics to track your online activity, as outlined in the “Behavioural Advertising” section. 

Your California Privacy Rights 
California Civil Code § 1798.83 permits users that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us via the Site.  

Contacting Us
If you have any questions about this Privacy Policy, or if you wish to update, correct or remove your personal data, you may contact us at:

Always Best Care Senior Services
1406 Blue Oaks Boulevard
Roseville, CA 95747

Telephone: 1- 888-430-CARE
Email: info@alwaysbestcare.com

This withdrawal of information may limit our ability to provide you with the highest quality service possible.
Published: January 2016

ALWAYS BEST CARE TERMS OF USE AGREEMENT

Thank you for your interest in Always Best Care Senior Services. We appreciate your interest in our services and our websites.

Our website are operated by Always Best Care Senior Services (“we,” “us,” “our,” or “Always Best Care”). The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms”) apply to your use of our websites and any other services offered at https://www.alwaysbestcare.com, and https://www.franchisewithalwaysbestcare.com(“Sites”).

Your use of our Sites means that you accept and agree to these Terms of Use.  If you do not agree to these Terms or our Privacy Policy, do not use or access the Sites.

We may revise and update these Terms of Use from time to time in our sole discretion, and will post any updates to the Terms of Use on the Sites. Your continued use of our Sites, or any other service provided through the Sites, means that you accept and agree to the modified Terms of Use.

Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Sites. As a condition of your use of the Sites, you warrant that you will not use the Sites for any purpose that is unlawful or prohibited by these Terms. You may not use the Sites in any manner which could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.

All content included as part of the Sites, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Sites, is our property or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Sites. Our content is not for resale. Your use of the Sites does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors except as expressly authorized by these Terms.

Always Best Care Trademarks
The following trademarks are owned by Always Best Care:

• ALWAYS IN TOUCH
• BUILD A BUSINESS. MAKE A DIFFERENCE.
• ALWAYS BEST CARE SENIOR SERVICES
• ALWAYS BEST CARE SENIOR SERVICES ABC and Design
• ABCUNIVERSITY
• ALWAYS BEST CARE
• HELPING OTHERS MAKING LIFE RICH ALWAYS

You must not use the marks without our prior written permission.

Digital Millennium Copyright Act Policy
Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”).
If you believe that any content on the Sites infringes the intellectual property of a third party, you may send notice to: info@alwaysbestcare.com. To submit a claim, you must identify your full name, mailing address and phone number, a description of the copyrighted work that has been infringed, a description of the content that infringes upon the copyright, and a declaration that: (i) you, in good faith, believe the information is infringing on the copyright of a third party, (ii) the information you include in your notice is accurate, and (iii) you are authorized on behalf of the copyright owner to submit the claim. You may not submit a copyright claim on behalf of another individual or organization with which you have no affiliation.

Links to Other Websites and Connecting through Social Media
The Sites may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you or your companions. Inclusion of any linked website on the Sites does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the Sites to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.

Indemnification
You agree to indemnify, defend and hold harmless Always Best Care, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Sites, your violation of these Terms or your violation of any rights of a third party or your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

Electronic Communications
Visiting the Sites, using the Sites, or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Sites, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us follow the “unsubscribe” link in the email to change your user preferences. There are certain system-generated and legal notices that you cannot opt out of without deactivating your account.

Warranty and Limitation of Liability
ALWAYS BEST CARE AND/OR ITS AFFILIATES OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ALWAYS BEST CARE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITES AND RELATED INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALWAYS BEST CARE AND/OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES OR THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ALWAYS BEST CARE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

Governing Law, Venue and Jurisdiction
These Terms shall be treated as though they were executed and performed in California and shall be governed by the laws of the State of California and the laws of the United States without regard to conflict of law principles. Any claim or dispute related to the Sites or under these Terms of Use, the Privacy Policy, and any legal notices on the Sites must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose) or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Placer, in the State of California.

Miscellaneous Terms
These Terms of Use, together with our Privacy Policy are the entire agreement between you and us related to your use of the Sites.

Contact Information
To contact us, email us at info@alwaysbestcare.com.

OCR HIPAA Privacy
December 3, 2002 Revised April 3, 2003
NOTICE OF PRIVACY PRACTICES FOR PROTECTED HEALTH INFORMATION
[45 CFR 164.520]

Background
The HIPAA Privacy Rule gives individuals a fundamental new right to be informed of the privacy practices of their health plans and of most of their health care providers, as well as to be informed of their privacy rights with respect to their personal health information. Health plans and covered health care providers are required to develop and distribute a notice that provides a clear explanation of these rights and practices. The notice is intended to focus individuals on privacy issues and concerns, and to prompt them to have discussions with their health plans and health care providers and exercise their rights.
How the Rule Works
General Rule. The Privacy Rule provides that an individual has a right to adequate notice of how a covered entity may use and disclose protected health information about the individual, as well as his or her rights and the covered entity’s obligations with respect to that information. Most covered entities must develop and provide individuals with this notice of their privacy practices.
The Privacy Rule does not require the following covered entities to develop a notice:

• Health care clearinghouses, if the only protected health information they create or receive is as a business associate of another covered entity. See 45 CFR 164.500(b)(1).
• A correctional institution that is a covered entity (e.g., that has a covered health care provider component).
• A group health plan that provides benefits only through one or more contracts of insurance with health insurance issuers or HMOs, and that does not create or receive protected health information other than summary health information or enrollment or disenrollment information.
  See 45 CFR 164.520(a).

Content of the Notice.
Covered entities are required to provide a notice in plain language that describes:
OCR HIPAA Privacy
December 3, 2002

• Revised April 3, 2003
  How the covered entity may use and disclose protected health information about an individual.
• The individual’s rights with respect to the information and how the individual may exercise these rights, including how the individual may complain to the covered entity.
• The covered entity’s legal duties with respect to the information, including a statement that the covered entity is required by law to maintain the privacy of protected health information.
• Whom individuals can contact for further information about the covered entity’s privacy policies.
  The notice must include an effective date. See 45 CFR 164.520(b) for the specific requirements for developing the content of the notice.
  A covered entity is required to promptly revise and distribute its notice whenever it makes material changes to any of its privacy practices. See 45 CFR 164.520(b)(3), 164.520(c)(1)(i)(C) for health plans, and 164.520(c)(2)(iv) for covered health care providers with direct treatment relationships with individuals.

Providing the Notice.

• A covered entity must make its notice available to any person who asks for it.
• A covered entity must prominently post and make available its notice on any web site it maintains that provides information about its customer services or benefits.
• Health Plans must also:
  Provide the notice to individuals then covered by the plan no later than April 14, 2003 (April 14, 2004, for small health plans) and to new enrollees at the time of enrollment.
• Provide a revised notice to individuals then covered by the plan within 60 days of a material revision. < Notify individuals then covered by the plan of the availability of and how to obtain the notice at least once every three years.

Covered Direct Treatment Providers must also:
OCR HIPAA Privacy
December 3, 2002 Revised April 3, 2003

• Provide the notice to the individual no later than the date of first service delivery (after the April 14, 2003 compliance date of the Privacy Rule) and, except in an emergency treatment situation, make a good faith effort to obtain the individual’s written acknowledgment of receipt of the notice. If an acknowledgment cannot be obtained, the provider must document his or her efforts to obtain the acknowledgment and the reason why it was not obtained.
• When first service delivery to an individual is provided over the Internet, through e-mail, or otherwise electronically, the provider must send an electronic notice automatically and contemporaneously in response to the individual’s first request for service. The provider must make a good faith effort to obtain a return receipt or other transmission from the individual in response to receiving the notice.
• In an emergency treatment situation, provide the notice as soon as it is reasonably practicable to do so after the emergency situation has ended. In these situations, providers are not required to make a good faith effort to obtain a written acknowledgment from individuals.
• Make the latest notice (i.e., the one that reflects any changes in privacy policies) available at the provider’s office or facility for individuals to request to take with them, and post it in a clear and prominent location at the facility.
• A covered entity may e-mail the notice to an individual if the individual agrees to receive an electronic notice.
• See 45 CFR 164.520(c) for the specific requirements for providing the notice.
• Organizational Options.
  Any covered entity, including a hybrid entity or an affiliated covered entity, may choose to develop more than one notice, such as when an entity performs different types of covered functions (i.e., the functions that make it a health plan, a health care provider, or a health care clearinghouse) and there are variations in its privacy practices among these covered functions. Covered entities are encouraged to provide individuals with the most specific notice possible.
  C Covered entities that participate in an organized health care arrangement may choose to produce a single, joint notice if certain requirements are met. For example, the joint notice must describe the covered entities and the service

OCR HIPAA Privacy
December 3, 2002 Revised April 3, 2003
Delivery sites to which it applies. If any one of the participating covered entities provides the joint notice to an individual, the notice distribution requirement with respect to that individual is met for all of the covered entities. See 45 CFR 164.520(d).
Frequently Asked Questions
To see Privacy Rule FAQs, click the desired link below:
FAQs on Notice of Privacy Practices
FAQs on ALL Privacy Rule Topics