Created by OR teams for OR teams

Privacy and Data Use Policy

Last modified: April 16, 2025

Introduction

OpComm, Inc. ("We", "Our" or "Us") has made available the surgical workflow application, OpComm™ (the "App"). Users are able to download the OpComm mobile application module for use on their mobile devices. The App also includes a cloud-based module and a data analysis module.

OpComm allows surgical team members (e.g., surgeons, anesthesiologists, nurses, etc. in hospital and ambulatory surgery centers operating rooms ("ORs")) to receive real-time data related to each team member's progress regarding a workflow in connection with a patient's surgery. This policy provides purchasers and users of the App ("Recipients") with information on the following topics:

  • A description of the data elements that the App obtains from or writes to a Recipient's Epic Software;

  • How and where We use Data;

  • Whether We retain Data;

  • The length of time We retain Data; and

  • Any secondary uses of Data, including transfer of Data to a third party or third-party product, or any access to Data provided by Us or the App to any third party or third-party product

For purposes of this policy, the term "Data" means those data elements ("Data Elements") that the App obtains from, or writes to, a Recipient's Electronic Health Record ("EHR"). References in this policy to data and Data include combinations of EHR data elements received from, splitting of one data element into more than one, and transformations of such data into new formats.

This policy DOES NOT apply to information we collect (i) offline, (ii) on any of Our other apps, or (iii) from websites, software or services, or information that users provide to, or is collected by, any third party, including without limitation Our customers. Our websites and any other application We have in the App Store, and those third parties, may have their own privacy policies which apply.

Please read this policy carefully to understand Our policies and practices regarding the use of Data in connection with the App. If a Recipient or other user does not agree with Our policies and practices, the Recipient or other user should not download or use the App. By downloading, implementing on the Recipient's network, and/or using this App, Recipients and users agree to this policy, as applicable. This policy may change from time to time (see Changes to Our Privacy and Data Use Policy).

Data Elements Related to Recipient's EHR Software

The App receives the following Data Elements from a Recipient's EHR Software in connection with each surgery tracked by a surgical team member who utilises the App:

  • OR schedule from an EHR (e.g. Epic OpTime), including the surgical team tied to each case. The case schedule will include multiple points of patient identifiable information, including patient name, case number, and case start time.

  • Currently, the App does not write Data Elements to a Recipient's EHR Software.

How and Where We Use Data

We and the App will access and use Data for the following purposes:

  • Data We receive through the App from a Recipient's EHR system will be used in the App on the mobile device and will also be transferred to our cloud-hosted server, Azure, to allow surgical team members to use a desktop version of the App to allow for real time case tracking and pre-operative workflow task updates (e.g. site marking, H&P complete, labs drawn, OR room ready, etc.) across the surgical team.

We will NOT, and the App will NOT, access or use Data for any of the following purposes:

  • To sell Data or

  • To access Data without the Recipient's consent

  • For direct to consumer marketing or advertising without the Recipient's consent

Whether We Retain Data

Unless requested by a Recipient or as otherwise permitted by law, we do not plan on retaining any identifiable Data We receive through the App on a long-term basis, except so as to support workflow analytics. To the extent permitted by law, we will retain indefinitely de-identified patient health information and non-patient health information for purposes of evaluating and analyzing OR workflow to identify issues and trends related to surgical services.

The Length of Time We Retain Data

We will retain the Data for the time period required for the surgical team members to follow the surgical case (generally, 24–72 hours), and may retain Data for workflow analysis up to seven years. If a Recipient requests us to archive the data and We agree to archive the data, such archives will reside on our secured Azure cloud-hosted server.

Secondary Uses of Data

Currently, we do not anticipate any secondary uses of Data and will update this policy if that changes in the future.

Changes to Our Privacy and Data Use Policy

We may update this policy from time to time; provided, in the event We seek to add additional uses cases for using Data, whether primary or secondary use cases, we will first obtain approval from EHR through its App Store Update Process.

If We make material changes to this Privacy and Data Use Policy, We will post the new Privacy and Data Use Policy on this webpage. The date the Privacy and Data Use Policy was last revised is identified at the top of the page. You are responsible for periodically visiting this Privacy and Data Use Policy to check for any changes.

Contact Information

To ask questions or comment about this Privacy and Data Use Policy and our privacy practices, contact us at:

By email: privacy@opcommsolutions.com

By mail: OpComm, Inc.

ATTN: Privacy Officer (Legal)

 

Privacy and Data Use Policy: v2025.4.1