Privacy Policy

AGILA CARE LLC ("AgilaCare", "we", "us") operates AgilaCare, a software platform for home care, home health, and intellectual and developmental disability service providers. This policy explains what information we collect, how we use it, and the choices available to you. It applies to our website at agilacare.com, our web application, and our mobile applications (together, the "Services").

1. Our role, and why it matters

AgilaCare is a software vendor. The organizations that subscribe to AgilaCare — our customers — are home care agencies and other care providers. They decide what information is entered into the Services and why.

When a customer uses AgilaCare to record care for the people it serves, that customer is the owner of the information, and in most cases is a covered entity under the Health Insurance Portability and Accountability Act (HIPAA). AgilaCare processes that information only on the customer's behalf, as its business associate, under a written Business Associate Agreement and the customer's instructions.

This means:

• If you receive care from a provider that uses AgilaCare, your provider's own Notice of Privacy Practices governs your health information. Requests to access, correct, or restrict your health information should go to your provider. If you contact us directly, we will forward your request to the provider.
• This policy describes how AgilaCare itself handles information, including the information we process on behalf of our customers.

2. Information we collect

Visitors to our website

When you visit agilacare.com, our hosting provider records standard technical information such as your IP address, browser type, and the pages you request. We use it to operate and secure the site. Our website does not use advertising cookies or cross-site tracking. If you write to us, we keep the information you choose to send.

If you send us a message through a form on our website, we receive your name, work email address, organization, role, state, reason for contacting us, your message, and your phone number if you choose to give it. We use it to reply to you, and we send you an automatic acknowledgement at the address you gave. It reaches us by email and is not stored in a database.

Customer users

When a customer creates an account for a member of its staff — an administrator, a scheduler, or a caregiver — we collect the information needed to operate that account: name, work email address, phone number, role, employee identifier, and sign-in activity. For caregivers, customers may also enter employment details required by state programs, such as the last digits of a Social Security number used for Electronic Visit Verification.

Information entered by customers, including health information

Customers use the Services to record information about the people they serve. This may include names, addresses, dates of birth, Medicaid identifiers, service authorizations, schedules, visit records, care documentation, medication records, incident reports, and billing records. Much of this is protected health information under HIPAA, and we handle it as described in section 1.

Information from our mobile applications

Our mobile applications are used by the staff of our customers, mostly caregivers. When they use the app, we collect:

• The device and the app: the phone's operating system, the app's version and build number, an identifier for the phone's AgilaCare sign-in, and the public part of a security key the phone uses to sign in.
• Sign-in activity: when the person signs in and out, and the security checks that protect the account.
• Visit records: clock-ins and clock-outs, Daily Notes, behavior support logs, medication records, incident reports, and the other care records the person enters for their employer.
• Location at clock-in and clock-out, as described in section 4.
• Mileage during a visit: the miles of each drive between Clock In and Clock Out, with each drive's start and end time, and whether location was turned off or lost during the visit. The positions used to measure the miles stay on the phone and are not sent to us (section 4).
• Photos and files the person chooses to attach to a message or an incident report. A photo taken in the app is not saved to the phone's photos, and the photo's location data is not attached.
• Messages the person sends in the app's team messaging (Teams Work), and the files attached to them.
• Call information for an in-app voice or video call: who started and joined the call, and when. The call's sound and picture go directly between the phones in the call; they never reach our servers and are never recorded.
• What the person types or says to the writing assistant (Agila and "Help me write"), as described in section 5. Speech is recognized on the phone (section 8); no recording of the person's voice is made or sent.
• A notification token — the address our servers use to send that phone a notification.
• An account deletion request, if the person sends one from the app (section 12): who sent it and when.

The app has no advertising, no analytics service and no crash-reporting service, and it does not track people across other companies' apps or websites.

3. How we use information

We use information to:

• Provide, operate, and maintain the Services for our customers
• Verify visits, measure the miles driven during a visit, build schedules, prepare claims, and calculate payroll as customers direct
• Submit visit and claim data to state Medicaid systems, Electronic Visit Verification aggregators, managed care organizations, and clearinghouses as customers direct and as the law requires
• Secure the Services, detect misuse, and keep audit records of who accessed what
• Provide customer support
• Meet our legal, regulatory, and contractual obligations

We use protected health information only as our Business Associate Agreements permit. We do not use it for marketing, and we do not use it to train artificial intelligence models for any purpose other than providing the Services to the customer that supplied it.

4. Location information and Electronic Visit Verification

Federal law — the 21st Century Cures Act — requires states to verify Medicaid-funded home care visits electronically. One of the items that must be verified is the location where the service was delivered.

At clock-in and clock-out. To meet that requirement, our mobile application records the device's precise location at the moment a caregiver clocks in and the moment a caregiver clocks out of a visit. That location is stored with the visit record, shared with the customer that employs the caregiver, and transmitted to the state or program Electronic Visit Verification system that the customer is required to use.

During a visit, to measure mileage. From the caregiver's Clock In to their Clock Out, the app also reads the phone's location to measure the miles the caregiver drives during the visit. This continues in the background, including when the screen is locked, and the phone shows that it is happening: on iPhone, the location indicator in the status bar; on Android, the notice "AgilaCare is measuring mileage". Measuring stops at Clock Out, and never starts before Clock In. The app does not track location when no visit is in progress.

• What stays on the phone: the positions needed to compute the miles, and the line of each drive shown on the visit's map in the app. They are kept encrypted on the phone, and removed from it once the visit's Daily Note is submitted or the visit leaves the phone, and when the person signs out.
• What is sent to us: for each drive, its start time, end time and miles, and — if location was turned off or lost during the visit — that fact and its reason. The positions of the drive are not sent.
• Who sees it: the caregiver, and the customer that employs the caregiver, with the visit and its Daily Note.

When the caregiver asks for a distance. On a shift that needs cover, a caregiver can tap "Distance from me". The app then reads the phone's location once, works out the distance on the phone, and does not send that location to us.

When you open a shift, the map shows where you are; that reading stays on your phone and is not sent to us.

The app asks for location only "while using the app"; it never asks for permission to use location "all the time". Caregivers can decline location access in their device settings. Where a program allows it, the customer may then record the visit by another approved method, such as telephony. Without location during a visit, the caregiver enters the miles in the Daily Note.

5. How we share information

We share information only:

• With the customer that owns it, and with the authorized users that customer designates
• With government and program systems — state Medicaid agencies, Electronic Visit Verification aggregators, managed care organizations, and clearinghouses — when a customer directs us to submit data, or when the law requires it
• With service providers who host, secure, or support the Services on our behalf, such as cloud hosting, database, transactional email delivery — including the provider that carries messages sent through the forms on our website — and address verification providers. Each is bound by a written agreement, and any that handles protected health information is bound by a Business Associate Agreement
• When required by law, such as in response to a valid subpoena or court order, or to protect the rights, safety, or security of people or the Services
• In a business transfer, such as a merger or acquisition, subject to the same protections described in this policy

Our mobile applications also rely on these services:

• Notifications. Notifications reach the phone through a push notification service and the notification service of the phone's maker. They receive the phone's notification token and the notification itself. Our notifications are written without health information — for example, "New message in a group", with no name and no message text.
• Maps. The map in the app is drawn by a map service — on iPhone, the one built into the phone's system — which receives the area being shown. When a caregiver asks for directions, the app opens the maps app the caregiver chooses, with the destination address; that app's own privacy policy applies to it.
• The writing assistant (Agila and "Help me write"). Where the customer has turned it on, a caregiver can ask Agila a question or tap "Help me write" on a box of a Daily Note or a behavior support log. What the caregiver typed or said for that box is sent to our servers, and before anything leaves AgilaCare, names, identifiers, addresses, phone numbers and other details that could identify a person are replaced by placeholders. Only that protected text, with the box's question, is sent to an artificial intelligence service provider, which writes a suggested version; our servers put the replaced details back. The suggestion enters the record only if the caregiver taps Done. We keep the protected text that was sent, encrypted, in our audit records.
• Calls. An in-app call connects the phones directly. To find a direct path, each phone asks an address-discovery server for its own public internet address; that server receives the phone's IP address only, never the call's sound or picture or any account information. No relay service carries the call.
• Speech recognition runs on the phone itself; no speech recognition service receives the person's voice (section 8).

6. We do not sell your information

We do not sell personal information or protected health information. We do not share it for cross-context behavioral advertising, and we do not show advertising in the Services.

7. Where your information is stored

The Services are hosted in the United States. We do not transfer customer data outside the United States.

8. Mobile application permissions

Our mobile applications ask for each permission when the feature that needs it is first used, and say why first. Each can be changed at any time in the device's settings; the app's other features keep working without it.

• Location ("while using the app") — asked at a clock-in, or when the person taps "Distance from me": to record the location at clock-in and clock-out, and, only while a visit is in progress, to measure its mileage with the screen locked, as described in section 4. Never "all the time".
• Camera — when the person takes a photo to attach to a message or an incident report, or turns the camera on in an in-app video call. Nothing is recorded.
• Photos — when the person chooses a photo to attach. The app opens only the photo chosen and never saves anything to the phone's photos.
• Files — when the person chooses a file to attach, through the phone's own file picker. The app receives only the file chosen.
• Microphone — only after the person presses the microphone: to speak to Agila, dictate a note with "Help me write", or clock in by voice; and during an in-app call the person joins, where the voice goes only to the people in the call. Nothing is recorded.
• Speech recognition — with the microphone, to turn the person's words into text. Recognition runs on the phone only; the voice never leaves the phone. Where the phone cannot recognize the person's language on the phone itself, the microphone is not offered and the person types.
• Face ID or fingerprint — off unless the person turns it on, to unlock their sign-in on that phone. The check is made by the phone's own system. Biometric data never leaves the phone and is never sent to us; the app receives only whether the check succeeded.
• Notifications — for clock-in, clock-out and Daily Note reminders, awake checks, new messages, shifts that need cover, and other operational alerts.

9. How we protect information

We maintain administrative, technical, and physical safeguards designed to protect information, including:

• Encryption of data in transit using TLS, and encryption of stored data
• Separation of each customer's data from every other customer's data
• Role-based access, so users see only what their role requires
• Multi-factor authentication for administrative accounts
• Audit logs recording access to protected health information
• Hosting with providers that sign Business Associate Agreements

No system is perfectly secure, and we cannot guarantee absolute security.

10. How long we keep information

We keep customer data for as long as the customer's agreement with us is in effect, and afterward only as the agreement, applicable law, or state program rules require. When an agreement ends, we return or destroy protected health information as the Business Associate Agreement provides. We keep security audit logs for at least six years. We keep information about website visitors only as long as needed to operate and secure the site. The positions used to measure a visit's mileage are kept only on the phone, for the time described in section 4.

11. Your choices and rights

If you receive care from a provider that uses AgilaCare, please contact your provider to access, correct, or request restrictions on your health information.

If you are a user of the Services, you may ask us to:

• Tell you what personal information we hold about you
• Correct inaccurate information
• Delete your account and personal information, subject to the limits below

Some information cannot be deleted on request. Visit records, billing records, and audit logs are often records that your employer and state programs are legally required to keep, and we retain them for as long as that obligation lasts.

12. Deleting your account

An AgilaCare account is made by the agency — our customer — that employs you, so a deletion request goes to your agency's office. You can send it in two ways:

• In the mobile app: open More, then Settings, and choose Delete my account, then Send the deletion request. The app sends the request to your agency's office and shows the date it was sent. Sending it needs a connection; offline, nothing is sent.
• By email: write to admin@agilacare.com from the address associated with the account. We pass the request to your agency's office.

Your agency's office handles the request within 30 days: it closes your account and removes your sign-in, then tells you when it is done. Records the law requires your agency to keep — your visits, clock-ins and clock-outs, Daily Notes and other care and billing records — are not deleted: your agency keeps them for as long as the law requires, and we tell you what was retained and why if you ask.

13. State privacy rights

Depending on where you live, state law may give you additional rights over personal information that is not protected health information, such as the right to know, correct, or delete it, and the right not to be discriminated against for exercising those rights. To make a request, contact us as described in section 17. We will verify your identity before acting, and you may use an authorized agent. We treat a Global Privacy Control signal as a valid opt-out where state law requires it.

14. Children

The Services are not directed to children, and we do not knowingly collect personal information directly from children under 13. Our customers may record information about people of any age who receive their services, including minors. That information is protected health information, owned by the customer, and handled under HIPAA as described in section 1.

15. Security incidents

We maintain procedures to detect, investigate, and respond to security incidents. If an incident affects protected health information, we notify the affected customer without unreasonable delay, and in any case within the time required by HIPAA and our Business Associate Agreements, so that the customer can meet its own notification duties. We notify others where the law requires.

16. Changes to this policy

We may update this policy. When we do, we will post the new version on this page with a new effective date, and notify customers of material changes in advance.

17. Contact us

AGILA CARE LLC

Email: admin@agilacare.com

Website: https://agilacare.com