Hixny Website Privacy Policy

This Website Privacy Policy is incorporated into the Terms of Use. All terms defined in the Terms of Use shall have the same meaning when used herein unless otherwise noted.

Healthcare Information Xchange of New York, Inc., doing business as Hixny (“Hixny”, “we”, “us” or “our”) respects your privacy. This Website Privacy Policy describes what information we collect from or about you and how it is used in connection with your access and use of our website located at www.hixny.org, any services or products provided through the website (“Services”), and any other related website, webpage, mobile application, social media or other Internet, mobile or wireless offering no matter how accessed (all collectively “Website”) that provide a link to this Website Privacy Policy or Hixny Website Terms of Use, as well as what options you may have concerning your information.

PLEASE READ THIS WEBSITE PRIVACY POLICY CAREFULLY BEFORE ACCESSING OR USING HIXNY WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU ARE CONSENTING AND AGREEING TO THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY AND TO BE BOUND BY ITS TERMS.

If you do not agree with this Website Privacy Policy or the Website Terms of Use, please do not access or use the Website.

Notwithstanding anything contained herein: (a) any Hixny Participant’s use of the health information exchange operated by Hixny (HIE) is subject to the Participation Agreement between Hixny and the Hixny Participant, and such Participation Agreement supersedes any contrary or conflicting provisions in this Policy; (b) this Policy is subject to the terms of use of the Hixny Patient Portal and Provider Portal, both of which supersede any contrary or conflicting provisions in this Policy, and (c) Hixny’s use of personal information via the HIE is subject to the requirements of applicable Federal and State laws and regulations and Hixny’s Policies and Procedures.

1. Personal Information Collected by Hixny

a. Types of Information

Hixny may collect your personal information in connection with your access to, use of, or submissions to the Website or related Services. For example, we may collect personal information about you, such as:

  • Your name, postal mailing address, email address, telephone number, and/or date of birth;
  • Information that you have provided to us if you are offered the opportunity to establish a “User Account,” such as a unique account password that you create or your account preferences;
  • The name, contact information and nature of your relationship with anyone you have authorized to access and use personal information on your behalf;
  • Your history of transactions with Hixny;
  • Your interactions with the Website, such as your history of uploads or downloads of health or medical records or other information, your preferred language for communicating, referring or other medical providers and pharmacies that you use, or other information that we need to provide you with access to Website or provide you with the Services that you have selected to receive;
  • Information that you share as a result of your public participation in the Website and related Services;
  • Your Website access preferences, such as the device(s) that you have used to access the Website, your User Account information, or your permissions and preferences;
  • Information about your geolocation, such as may be needed when you sign in and use certain features and functions which require your location;
  • Your IP address and information about your browsing, search history and navigation on, to and from the Website.

We may also obtain additional information about you that may or may not be directly linkable to you. Examples may include, but are not limited to, aggregate information, analytics information using cookie IDs, advertising segment information, advertising IDs/cookies, and device information.

b. Sources of Information

Hixny collects information about you from a variety of sources, including:

  • Directly from you, for example, if you create or access a User account; subscribe for or receive services in connection with the Website; communicate with us by email, phone or SMS text, such as in connection with your enrollment or experiences with the Website; when you complete webforms or when you register to attend seminars; when you participate in surveys, reviews, sweepstakes or contests that may be available by Hixny or its partners or affiliates from time to time; or when you submit content for publication on the as for blogs, social media pages, community events, etc.;
  • Indirectly from you, for example, by observing your actions on the Website, from the individuals or entities that you have authorized to communicate with us concerning your Services by Hixny, or through information we collect while providing related services, communications, sweepstakes, or other promotions;
  • Directly and indirectly from your activity on the Website, for example, through Website usage details that are collected automatically, through your inquiries or submissions, or when you use the Website;
  • From third parties, for example, from individuals, such as your spouse, significant other or other individuals that you have identified and authorized to share your experience with Hixny; or third parties that assist Hixny in providing customer service or maintaining the Website.

2. How We Use the Information We Collect

Hixny may use personal information for a variety of Hixny’s business purposes and to the extent and manner permitted by law, such as:

  • To fulfill or meet the reason for which the information is provided, such as to facilitate your access and use of the Website or Services; to assist you to interact with and communicate with the Website or Hixny; to respond to your questions or communications regarding Hixny or the Website; and to otherwise process customer service functions;
  • To provide you with communications regarding any changes to Hixny policies or account management procedures, notices, or terms of services; information on new services, or updates; promotions and special offers regarding Hixny, the Website, seminars, programs, services;
  • To respond to your specific requests or to contact you concerning services offered by Hixny which may be of interest to you;
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us;
  • To publish content on the Website, under some circumstances, such as if Hixny were to publish testimonial comments or enable public participation forum by users on portions of the Website;
  • To personalize your experience and to deliver content and service offerings relevant to your interests, including targeted offers and ads through the Website, or via email or text message (with your consent, where required by law);
  • To help maintain the safety, security, and integrity of the Website, its databases and other technology assets, and business on behalf of Hixny and its users;
  • To investigate or prevent a violation of any individual’s contractual or other relationship with Hixny, or where Hixny has a good-faith belief that access, preservation or disclosure of such information is reasonably necessary and permitted by law in order to protect the rights, property or safety of Hixny, its users, service providers, or the public, or to prevent or respond to any illegal, fraudulent or harmful activity;
  • For testing, research, analysis, and product development, including to develop and improve the Website, Services, or other products and services, and your experience with Hixny;
  • For marketing Hixny Services and Products, including providing you (via alerts, banner ads, postal mail, event registration, SMS text, email and other notices) with information about offers, programs, products and services that Hixny believes may be of interest to you. You may opt-out of receiving some or all of these communications by following the directions below;
  • At the request of law enforcement or governmental agencies or in response to subpoenas, court orders or other legal process, or to establish, protect or exercise Hixny’s legal or other rights, to defend against a legal claim or as otherwise allowed by law or regulation;
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users is among the assets transferred.

3. How We Share Information

Hixny does not sell your personal information.

Hixny does not share your personal information, personal health information or sensitive information to any unaffiliated third parties for their business purposes, except as permitted by law, by Hixny Policies and Procedures, as described in this Website Privacy Policy, or otherwise with your consent.

Hixny may share information about you to third parties that assist Hixny with its business purposes, such as with agents, contractors, service providers or affiliates of Hixny, who help us to operate the Website, provide the Services, assist with marketing, conduct business on our behalf, or help us complete a service you requested, such as enabling your access to and use of the Website and related Services that you selected. When we share information for a business purpose, we do so only to the extent required for our business purpose and only as permitted by relevant law. Before sharing information, we require that the party receiving the information agrees that their access and use of the information will be limited to the purpose for which we provided, and/or as set forth under a Business Associate Agreement if required by HIPAA. We may also share personal information with third parties if you have directed and authorized us to do so through the Website.

Hixny may share personal information when required to do so by federal or state enforcement officials, when state or federal law requires us to do so (such as to comply with an inquiry from law enforcement officials), when ordered by a court or by other compulsory legal process, or when we believe, in good faith, it is necessary for us to comply with our legal obligations or to investigate or prevent suspected illegal activities or fraud.

4. Cookies, IP Addresses and Other Technology

a. Cookies

“Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive or on your mobile device. By placing a “cookie,” Hixny and our third-party service providers can remember and distinguish you over time. We use “cookies” for a variety of functions, such as authentication, other types of security, user logins, to enable collection of analytics information, to market the Website and related Services, to optimize the Website, and to personalize and customize your experience with it. As one example, cookies enable us to remember information you gave to us, such as your account information or preferences, so that you don’t have to reenter it each time you visit. We may use both session cookies, which expire once you exit the Hixny Website and persistent cookies, which remain until you delete them.

b. IP Addresses

Hixny maintains internal logs for Internal Protocol (IP) addresses. An IP address is a number that is automatically assigned to your computer each time you access the Internet. Your IP address does not contain personally identifiable information. Hixny or its third-party service providers may collect IP addresses in order to conduct system administration, report aggregate information, conduct site analysis, and to detect improper use of the site. We may use IP addresses to identify the general location of your computer based on publicly available and third-party information. We may use IP addresses to market to you through internet marketing, mail or call campaigns, or online targeted, interest-based advertising.

c. Other Technical Information Collected Through the Website

In addition to using browser cookies, Hixny also may use other technologies such as pixels, local shared objects (such as “Flash cookies”), and HTML5 local storage to collect information and remember your device. For example, when using the Hixny Website, some of the technical information we collect is the type of browser you use (such as Google Chrome, Internet Edge, Safari or Firefox), your Internet protocol (“IP”) address, the name of your ISP, the version of your operating system, the dimensions and resolution of your display, your referrer URL (which is the URL for the websites that you were viewing prior to visiting the Website), how you were directed to the Website, which specific pages you access on the Website, how long you view each page, the time and date you access our Website, etc.

Some of this information may be collected by third-party service providers who assist Hixny in the operation and maintenance of the Website. Before accessing the information, the third-party service providers agree that they will not use the information for any purpose other than for the reason for which they received access to it.

The Website also uses various third-party services, such as and including Google Analytics. Google utilizes the data collected to track and examine the use of the Website, to prepare reports on its activities and share them with other Google services. Google may use the data collected on the Website to contextualize and personalize the ads of its own advertising.

d. Your Options

Most popular Internet browser applications will allow you to configure the browser so as not to accept cookies. Please check your browser for information about how to set your individual cookie preferences. However, setting your browser to reject cookies may, in certain instances, prevent you from taking full advantage of the Website and its capabilities, or cause some features of the Website to function improperly, slowly, or not at all.

You may also have the ability to set your individual preferences with Google. If you would like additional information regarding the security and privacy practices of Google Analytics, and how you may manage privacy settings, please visit Google’s website to review the materials provided by Google.

5. Emails, SMS Texts, Website Chat, and Our Communications

Hixny may use email, SMS texts, Chat with an Expert function, or other forms of communication within the Website or outside the Website to communicate with you regarding a variety of topics, such as questions about Hixny, the Website, available Services, your medical information, and records, medical providers, etc. We may also send promotions and general information regarding our services to you using email or SMS text. When providing us with your email or mobile phone number, such as when you register as a Hixny patient or establish a User Account, you consent to receive emails and SMS texts regarding Hixny, Services, our relationship with you, as well as promotional information concerning Hixny, its services and medical developments that may be of interest to you. You may opt out of receiving future promotions by clicking on the link provided in the email for that purpose or texting “Stop” in response to the text at issue or by clicking “unsubscribe” on the bottom of the promotional email. For more information about your options concerning texts and emails, see section 9 below.

While we make reasonable efforts to protect the personal information that you share with us, it is important to note that email and SMS text messages are unsecured. Please consider the information you choose to send to us and the method which you use to send it. Should you choose to send your information via email, or SMS text, you do so at your own risk. We recommend that if your communication is sensitive or contains personal information, you may want to send it another way.

If you choose to correspond to us via email or text, we reserve the right (but not the obligation) to retain the content of your messages as well as your email address, phone number or other personal information, and our responses.

6. Personal Information Provided as Part of User Content

On occasion and under certain circumstances, Hixny may, in its sole discretion, offer users the opportunity to submit content to the Website, such as questions and endorsements regarding the Website, general discussions about healthcare, well-being and other communications with the Hixny community. You should consider what information you choose to share in the content that you submit. If you include personal, health or sensitive information in the content that you provide to Hixny for public posting, such information may be made available to anyone using the Website and your contact information may be included with any content that you post. Hixny does not edit or otherwise remove such information from user content before it is posted on the Website. If you do not wish to have your information made available in this manner, you must remove any such information from the content before posting. Hixny is not liable for any damages caused or incurred due to information that you have made available in the foregoing manner.

7. Links to Other Platforms

The Website may contain links to non-Hixny platforms. Links to other platforms are provided to you for information and convenience only and do not constitute an endorsement or recommendation by Hixny. We are not responsible for, and this Website Privacy Policy does not apply to, the privacy practices of those platforms or of any companies that we do not own or control. We make no representations or warranties regarding the correctness, accuracy, performance, security, privacy or quality of any content, software, service, or application found at any linked site. We encourage you to seek out and read the privacy policy and Terms of Service of each platform that you visit.

8. Security

To help prevent unauthorized access, maintain data accuracy, and secure the correct use of information, Hixny has put in place reasonable physical, electronic, and managerial procedures to safeguard and secure the information collected online. However, no security measures are perfect or impenetrable, and Hixny cannot guarantee that the information submitted to, maintained on or transmitted from its systems will always be secure. Hixny is not responsible for the circumvention of any privacy settings or security measures contained on the Website by any users or third parties.

Remember that you are the first and best defense against unauthorized access to your information.

Please do not share your Hixny account information or password or other personal information with others and take the necessary steps to assess whether your personal information is being transmitted to its intended recipient in a reasonably secure manner.

9. Your Choices About Your Personal Information

a. Inquiries concerning the collection and deletion of your personal information.

We understand that you may have certain questions about Hixny’s access and use of information that we have collected. Under some circumstances, you may be able to opt out of our continued collection or use of your personal information, and/or seek access to or deletion of personal information that we have collected about you in the past.

There are circumstances when Hixny will not be able to comply with such requests. For example, we may deny a request if we determine, in good faith, that we should not comply because: to do so would violate or conflict with Hixny legal obligations, including, but not limited to, legal obligations as to the preservation and non-disclosure of financial, medical or personal health information; the information is the privileged, proprietary or confidential information of Hixny or someone other than the person making the request; the identity or authority of the person making the request cannot be confirmed; compliance with the request would compromise the privacy or legal rights of others; the burden or expense of responding would be disproportionate to the requesting individual’s privacy risk; the information is commercially necessary for us to complete transactions or provide services or products that the user requested; or to do so would impede Hixny detection, correction or prevention of any security incident, intentional or non-intentional interference with the Website , products or services.

Additionally, under some circumstances, even if you opt out, non-personal information regarding your activities on the Website and/or information from third-party platforms for non-interest-based advertising purposes may be collected and used to determine the effectiveness of the advertisements.

If you have any questions or concerns about Hixny collection or use of your personal information, wish to opt out of further collection of your personal information or request deletion of personal information currently in our possession, please email us at info@hixny.org, or call 518-640-0021.

b. Opt out of specific phone, email, text, or marketing offers.

In accordance with your prior experience with Hixny, including, in some cases, the permission you have given us, Hixny may use a variety of means, such as telephone, email, or text, to communicate with you regarding Hixny ’s marketing offers and/or the marketing offers of our partners or others that may be of interest to you. If you do not wish to receive telephone, mail, SMS text, or email marketing offers, you may request that we remove your name from our internal email, direct mail, or internal telemarketing lists. Please submit your opt-out request by email to us at info@hixny.org, or call 518-640-0021.

If you no longer wish to receive via email special offer information or other promotional messages from us, you may click the link at the bottom of any email you receive from us and follow the instructions. Your email address will be removed from our marketing list. However,

Hixny may continue to communicate with you concerning your Hixny user account, the Website , treatment, products and services, delivery, billing, renewal and other matters.

Separate terms of use may apply to Your use of the Patient Portal.

10. Children’s Online Privacy Protection Act of 1998

In accordance with the Children’s Online Privacy Protection Act of 1998, Hixny does not knowingly collect information regarding minors under the age of 16 via the Website. If you believe that Hixny has obtained information about a minor under the age of 16 without the authority of the child’s parent or guardian, please notify us at privsec@hixny.org, or call 518-640-0021 x2 so that we can take appropriate action to terminate such account and delete associated information.

11. Governing Law and Forum

Except where otherwise noted, this Website Privacy Policy and the use of the Website and any related Services or products shall be governed by and construed in accordance with the laws of the State of New York, United States of America except to the extent that New York law would result in the application of other law. The state and federal courts located in the State of New York, County of Albany shall be the sole and exclusive jurisdiction and venue to determine any dispute arising out of, concerning, or related to this Website Privacy Policy, the Website or the Services, and you irrevocably consent to the exercise of jurisdiction over you in those courts for these purposes. If any provision of this Website Privacy Policy shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions and shall not affect the validity of the other provisions.

12. How We Respond to “Do Not Track” Signals

Hixny may be required by the law of certain states to tell users whether it honors “Do Not Track” settings in your browser concerning targeted advertising. Hixny does not monitor, recognize, or honor any opt-out or “Do Not Track” mechanisms, including general web browser “Do Not Track” settings and/or signals.

13. Notice to California Residents; Other Non0New York Residents

If you are a California resident, you may be aware that under certain circumstance not applicable to the Website or Hixny, you may have certain additional or different rights under California law. You may have also heard that certain other states have passed privacy laws which also do not apply to this Website or Hixny. Please do not use the Website if you do not agree to the terms of this Website Privacy Policy, including that is governed by and will be interpreted under New York law.

14. Visiting the Website from Outside the United States

If you are visiting the Website from outside of the United States, please be aware that your information may be transferred to, stored or processed in the United States. The data protection, privacy and other laws of the United States and other countries might not be as comprehensive as those in your country. By using any portion of the Website, you understand and consent to the transfer of your information to our facilities in the United States and to those third parties with whom we share it as described in this Website Privacy Policy.

15. Changes to Our Website Privacy Policy

We may update or change this Website Privacy Policy at any time and from time to time. The most recent version of the Website Privacy Policy and its effective date is reflected by the version and date located at the top of this Website Privacy Policy. Your continued use of the Website, including your receipt of Services, after the Website Privacy Policy is updated will constitute your consent and agreement to be bound by the updated terms. Please be aware that, to the extent permitted by applicable law, our use of information is governed by the Website Privacy Policy in effect at the time we collect the information.

We encourage you to consult this Website Privacy Policy on a regular basis for any updates or changes.

16. Questions or Comments

If you have any questions or concerns about this Website Privacy Policy, our practices or your interactions with the Website, please contact us by email at privsec@hixny.org, or call 518-640-0021 x2.

Version: 1.0
Eff. Date: January 24, 2024
4859-9838-6849, v. 1