Last updated September 11, 2020

The privacy of our users is of the highest priority at Keener. This Privacy Notice explains how we collect and treat information through your use of the Keener mobile application and website and is part of our Terms of Use. Any additional, separate notices about our privacy practices we provide to you will be considered part of this Privacy Notice.

The Keener Privacy Promise

We know that meaningful self-reflection requires a 100% private space, and we want you to have a very clear understanding of how our app collects, protects, and uses data. Here is a summary of our promise to you, as detailed in this Privacy Notice:

• Keener is private by default. Other users cannot see your personal details. If we offer any social or sharing features, we will make sure you always know when you are doing something other users can see.
• Your Shift Reflections and content consumption are 100% private. Any reporting we do on trends in Shift Reflection or content consumption is done in aggregate; your user info is 100% anonymous in these reports.
• Keener does not share your Personal Information with third parties.
• Keener will always allow you to control your data.
• We use of third-party data analytics platforms to measure and understand Keener usage of our app and provide support. We do not include personal Shift Reflection information in these measurements, and the data is only accessible by the Keener team.
• We love working with nurses to create and share content, but we only do that when we have clear permission. We will never republish your data or content without your affirmative consent.
• Our customer relationships with hospitals, healthcare organizations, associations or other Business Subscribers do not change these promises.
• Keener will always notify you if this promise changes in any way.

We encourage you to read the following Privacy Notice to understand in detail how we collect and use information through your use of Keener. It applies to your use of the Keener application and website, and your communications with us as a Keener user.

‍

The Comp Keener Privacy Notice

About Keener + HealthStream

Keener is a standalone app focused on improving the wellbeing of nurses, created in collaboration with HealthStream, Inc. and NurseGrid. Keener is owned by HealthStream, Inc. (collectively, with its subsidiaries and affiliates, “HealthStream”, “us” or “we”). We keep your Keener user data separate from any data you may have with HealthStream. If you have an account with HealthStream, your Keener user account is not automatically connected to that HealthStream account. At some point in the future, we may offer features that allow you to elect to connect your Keener user account with other HealthStream products or services. At that time, we will explain the benefits and privacy implications of choosing to use those features.

Your Consent

By downloading or using Keener or creating a Keener user profile, you consent to our privacy practices as described in this Privacy Notice. Your use of Keener is subject to this Privacy Notice and the Keener Terms of Use. If you do not agree with this Privacy Notice, do not access or use Keener. Be aware that this Privacy Notice does not apply to information collected when you use other services offered by HealthStream or your use of a website or platform owned by a third party. You can learn more about HealthStream’s privacy practices by reading the HealthStream Privacy Statement. If you have questions about our privacy practices or would like to make a complaint, please contact us at myprivacy@keenerapp.com.

What Is Personal Information?

When we say “Personal Information,” we mean information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual consumer or device.

About Categories of Personal Information

• Identifiers (e.g., name, email address, address, telephone number, username);
• Sensitive Personal Information (e.g. state identification number, financial information);
• Protected classification information (e.g. race, citizenship, marital status, medical condition, sex, sexual orientation, veteran or military status);
• Biometric information (e.g. image, keystrokes, behavioral or biological characteristics);
• Internet or other similar activity (e.g. geolocation, browsing history);
• Employment-related information (e.g. current or past employment);
• Non-public educational information, including information protected under the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99); and
• Commercial information (e.g. products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies).
• Personal Information does not include (i) publicly available information (ii) aggregate information, meaning data about a group or category of services or users from which individual identities and other Personal Information has been removed; or (iii) deidentified information that cannot be easily linked back to the individual.

Personal Information Keener Collects

Like most applications, Keener uses Personal Information to give you a great experience. This can include your name, email address, your location, your nursing specialty, and other details about your career. All this information is stored securely and controlled by you (via your secure username/password). We only collect your Personal Information as reasonable and necessary for you to use Keener and only with your consent or another lawful basis. The specific types of Personal Information we collect about you and the manner of collection depends on how you interact with us.

Categories. During the last 12 months, we have collected the following categories of Personal Information:

• Identifiers
• Biometric information
• Internet or other similar activity
• Employment-related information
• Commercial information

Sources. We collect Personal Information from the sources listed below. Click for details about how we use information collected from a source:

Directly from you as a Keener user, with your consent.

• To use Keener, you must download the application and provide your name, email address, and a password to create your Keener profile. We may also request permissions to access your device calendar, camera, microphone, or other applications. You may opt-in or opt-out of receiving push notifications on your device.
  
  Some Keener features will prompt you to provide additional Personal Information. For example, the Shift Reflections feature is designed to guide you in recording introspections about your nursing shift such as rating your experience on a multipoint scale, answering multiple choice questions, and entering a free text journal entry guided by writing prompts or questions. These features are entirely optional, and any Personal Information you submit under Shift Reflections or similar features is provided by you voluntarily and with your consent. The Shift Reflection is optional, and the information you input there is 100% private. You provide your Shift Reflection information with your consent, and we will never share it with other Keener users or any third parties without your consent to do so.
  
  We use the information you provide as a Keener user to offer you an enhanced user experience, provide you with tailored content, and improve Keener. If you are a Business Premium Service subscriber, we collect and use this Personal Information in our role as a service provider.

If you subscribe to Business Premium Service, from your Business Subscriber in our role as a service provider.

• We may receive identifiers like your name and email address, as well as employment information like your job title and nursing specialty from your hospital, healthcare organization, association or other Business Subscriber. We collect and use this information to fulfill our contractual obligations to your Business Subscriber in our role as a service provider. When acting as a service provider, we only collect and use Personal Information as permitted by our agreement with the Business Subscriber and at the direction of the Business Subscriber as governed by the Business Subscriber’s privacy notice, or as permitted or required by law.

Directly from you when you complete our surveys, with your consent.

• From time to time we may ask you to complete surveys to help us collect or produce additional content to publish within Keener. If you choose to complete a survey, we may ask you to provide identifiers like your name and email, your employment information such as hospital or employer, your location, nursing specialty, and a photo of yourself. We may also ask you to provide free form responses or commentary on specific topics. You always have the option to submit content or ideas to us for possible publication in Keener.
  
  Our staff will review the information you submit and determine whether to publish some or all of your submission on Keener. Surveys and other submissions are appreciated, but entirely optional. You provide this information voluntarily and with your consent, and we use it to generate content to offer Keener users and to improve Keener and its features. We will only publish or use your survey responses or other submissions with your consent.

Directly from you when you communicate with us, with your consent.

• If you contact us by email, online form or other means to request information or support, we will collect your name and email address in order to respond to your inquiry. If you are a Business Premium Service subscriber, we may also collect your employment information to confirm your account details. If you contact us to make changes to your subscription, we may collect additional or revised registration information from you in order to complete your request. We will also collect any other Personal Information you choose to provide to us during these communications. We may keep records or transcripts of our communications with you for our recordkeeping or legal compliance. We collect this information with your consent, and we use it for the purposes described at the time of collection.

Indirectly, from your use of Keener, with a legitimate interest.

• We automatically collect data about your usage of Keener, like the content you consume, the features you use, and technical data about your device. This data helps us improve your experience through content recommendations, ongoing product improvements, error tracking, and an empowered support team that can use data to provide help when you need it. We use information collection and tracking technologies like cookies, pixels and web beacons to track how you use Keener. Please read our Cookie Notice for more information about how we use cookies.
  
  We use secure third-party analytics platforms to collect and measure this type of data. Those tools gather details about your app usage, but do not collect any information you submit in the Shift Reflection feature. These platforms have their own restrictive privacy policies and data encryption systems that ensure 100% data security. We take great care to use tools that prioritize data security the way we do. These tools are only accessible by the Keener team. Should the policies of these platforms change and violate any of the promises in this document, we’ll notify users about the change.

From third parties, with a legitimate interest.

• Analytics companies, advertisers, and other third parties may provide us with Personal Information about you that is publicly available or related to your internet or similar activities across different websites, apps and other online services. We collect, use and maintain this information for sales, marketing and development purposes and in accordance with applicable law. If you have any questions about a third-party advertisement or other targeted content, please contact the third party directly.

In addition to the specific uses above, there are additional circumstances in which we might use your Personal Information.

• To monitor your compliance with any of your agreements with us.
• To protect your privacy and enforce this Privacy Notice.
• To identify, contact, or bring legal action against persons or entities who may be causing injury to you, to HealthStream, or to others if we believe it is necessary.
• To comply with a law, regulation, legal process or court order.
• To fulfill any other purpose to which you consent.

Sharing Your Personal Information

We only share your Personal Information in limited circumstances. None of your Personal Information is shared with other users of Keener, ever, without your consent. If any Keener feature allows for social connectivity or sharing, we will notify you of the privacy implications of using the feature before you proceed.

About Sharing Personal Information

We may also share your Personal Information as necessary to provide you with Keener and to comply with our legal obligations. The categories and recipients of the Personal Information we share is detailed below.

Categories. During the last 12 months, we have shared the following categories of Personal Information for a business purpose:

• Identifiers
• Biometric information
• Internet or other similar activity
• Employment-related information
• Commercial information

Recipients. During the last 12 months, we have shared Personal Information with the categories of recipients listed below.

Service Providers.

• Vendors that provide us with services (collectively, “Service Providers”) may have access to your Personal Information in order to perform their contractual obligations. Our Service Providers include but are not limited to data analyst companies, marketing companies, payment processors, and email and data hosting providers. We prohibit our Service Providers from selling or disclosing the Personal Information we provide, and we require all Service Providers to maintain confidentiality standards that are commercially reasonable to ensure the security of your Personal Information. The type of information that we provide to a Service Provider will depend on the service that they provide to us.

Affiliates

• We disclose the information we collect from you to our affiliates or subsidiaries. If we do disclose your Personal Information to our affiliates or subsidiaries, their use and disclosure of your Personal Information will be subject to this Privacy Notice.

Advertisers.

• We may disclose certain identifiers like your name and email address to our Service Providers that are network advertisers, sponsors, and/or traffic measurement services (collectively, “Advertisers”) to enable those Advertisers to serve targeted advertisements to you on other websites or other media (e.g., social networking platforms). We allow some Advertisers to assist us with behavioral advertising by collecting and analyzing certain information based on your use of Keener (e.g., click stream information, browser type, time and date, subject clicked or scrolled over). Advertisers typically use a cookie or other technologies to personalize advertising content and measure the effectiveness of their ads, as described in our Cookie Notice.

Law enforcement, and other governmental agencies as permitted or required by law.

Cookie information recipients subject to their respective privacy notices.

Other Third Parties, as permitted by applicable law.

• For example: if we go through a business transition (e.g., merger, acquisition, or sale of a portion of our assets); to comply with a legal requirement or a court order; when we believe it is appropriate in order to take action regarding illegal activities or prevent fraud or harm to any person; to exercise or defend our legal claims; or for any other reason with your consent.

About Your Shift Reflection Data

We do not share your personal Shift Reflection data with other Keener users or third parties without your consent. The Shift Reflection feature allows you to record personal details about your nursing shifts. The Shift Reflection collects your rating data (i.e., answers to standard choice questions) and your comments (i.e., answers to optional free text questions). The Shift Reflection is optional, and the information you input there is 100% private. Any comments you make in your Shift Reflections remain 100% confidential.

About Keener Content

The Keener editorial team creates all Keener content. We regularly work with nurses like you to create content, but this is always done with direct consent from the nurse. We promise never to publish any content created by you in or around Keener without your affirmative consent -- including any Shift Reflection, private feedback, or direct message to our team. We will either ask you for consent, or make sure you know that the feature you’re using is intended to collect content and that providing it includes your consent for it to potentially be shared publicly.

Our Reports and Your Privacy

We keep your Personal Information  and content consumption 100% private, even when we report trends. Any trend reporting created by Keener only shows data across large samples, and never with any individual names or identifiers. All reporting is 100% deidentified, meaning that the data excludes all personal information about the creators, so it is impossible to link the information to a specific Keener user.

About Shift Reflection Reporting

Keener advocates for the wellbeing of nurses. To accomplish this, we may create aggregate reporting based on Shift Reflection ratings. These reports could be made public or shared with third parties, but all reports of this nature are 100% anonymous and deidentified. We report trends across large data samples using only deidentified Shift Reflection data. Trend reports never include individual names or other identifiers. Comments made in Shift Reflects are never included in our trend reporting.

About Content Consumption Reporting

We create aggregate reporting about content consumption trends across large sample data. If we share these reports with anyone for any purpose, we ensure the repot is 100% anonymous and deidentified.

About Aggregate Reporting to Business Subscribers

As a premium service to Business Subscribers like hospital systems, employers, and associations, Keener provides aggregate reporting on Keener user trends in content consumption and Shift Reflection data. Rest assured that we will never allow Business Subscribers or anyone else to see your Personal Information. Reporting may be aggregated at a facility or department level, but will never include a sample size small enough for any Shift Reflection or content consumption data to be personally identifiable. Comments made by users in the Shift Reflection are never included in any premium service reporting.

We may also use the same fully anonymized, deidentified or aggregated reports to assist with our research, marketing, advertising, or other purposes. If Keener ever has a data collection mechanism specifically intended for a Business Subscriber’s use, we will notify you that the data is being collected for that specific purpose and help you understand the privacy implications before you use it.

Your Privacy Choices and Controls

You can exercise certain controls and choices regarding our collection, use and sharing of your Personal Information. If at any point you wish for your data to be deleted, you can contact Keener to do so.

More about your privacy choices and controls.

Depending on where you reside, your options to control your Personal Information may include some or all of the following:

• Changing your subscription level.
• Changing your preferences for how and about what we communicate with you.
• Requesting access to the Personal Information we hold about you.
• Correcting, updating, and deleting the Personal Information in your profile. Please note that certain legal obligations may limit or prevent our ability to fulfill these requests, and that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of Keener for a period of time.
• Choosing whether to receive marketing communications from us.
• Controlling how the cookies we use interact with your browser.

At any time, you may exercise any of these controls and choices, express concerns, lodge a complaint, or obtain additional information about the use of your Personal Information by contacting us via the customer dashboard or by email at support@keenerapp.com.

About Controlling Marketing Communications.

When you create your Keener profile, you will be asked whether you wish to opt-in or opt-out of receiving marketing communications from us. If you opt-in, we may send you emails, push notifications or in-app messages related to your Keener activity, to inform you about Keener features, or for direct marketing purposes. We will only send you these communications in ways that are compatible with your privacy choices.

About Do Not Track requests.

Do Not Track signals are signals sent through a browser informing us that you do not want to be tracked. Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed below.

No Sale of Personal Information.

We do not, and will not, sell the Personal Information we collect about you from your use of Keener. If this ever changes in the future, we will update this posting and provide you with methods to opt-out of such sale.

Consumer Privacy Requests.

Keener provides methods for you to directly access, edit, delete or export certain Personal Information in your Keener profile. If you wish to exercise your rights beyond these methods, please submit a verifiable Consumer Privacy Request:

• using our online Consumer Privacy Request.
• by email at myprivacy@keenerapp.com.

Keener may only legally fulfill a Consumer Privacy Request when we have sufficient information to verify that the requester is the person or an authorized representative of the person about whom we have collected Personal Information, and to properly understand, evaluate, and respond to the request. Note that if you subscribe to our Business Premium Service, then we process your Personal Information in our capacity as a service provider and we may be required to instruct you to submit your request directly to your Business Subscriber.

We do not charge a fee to process or respond to a verifiable request unless we have legal grounds to do so, such as requests that are excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

California Privacy Rights

This section provides residents of the State of California (“California Consumers”) with the disclosures and notices required under the California Consumer Privacy Act of 2018 (“CCPA”). The following paragraphs apply solely to California Consumers and describe the specific rights afforded under the CCPA.

More about privacy rights available to California Consumers.

California Consumers may exercise the following rights over their Personal Information, subject to our receipt of a verifiable Consumer Privacy Request, as well as any exceptions and limitations that may apply:

• Right to Disclosure. You have the right to request that we disclose information to you about our collection and use of your Personal Information over the past 12 months, such as (i) the categories of Personal Information we have collected about you; (ii) the categories of sources for the Personal Information we have collected about you; (iii) our business purpose for collecting or selling that Personal Information; (iv) the categories of third parties with whom we share that Personal Information; and (v) if we sold or disclosed your Personal Information for a business purpose, two separate lists stating (a) sales, identifying the Personal Information categories that each category of recipient purchased; and (b) disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained. Keener is only required to respond to two disclosure requests within a 12-month period.
• Right to Access. You have the right to request that we provide you with access to specific pieces of Personal Information we have collected about you over the past 12 months (also called a data portability request). If you submit a right to access request, we will provide you with copies of the requested pieces of Personal Information in a portable and readily usable format. Please note that Keener is prohibited by law from disclosing copies of certain pieces of Personal Information (e.g., government identification numbers, financial account information, and passwords or security questions and answers) because the disclosure would create a substantial, articulable, and unreasonable risk to the security of the information, our business systems, or your account. Keener is only required by law to respond to two access requests within a 12-month period.
• Right to Deletion. You have the right to request that we delete any of your Personal Information that we collected from you and retained, with certain exceptions. Keener may permanently delete, deidentify, or aggregate the Personal Information in response to a request for deletion. If you submit a right to deletion request, we will confirm the Personal Information to be deleted prior to its deletion, and we will notify you when your request is complete.
• Right to Nondiscrimination. We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by law, we will not (i) deny you goods or services, (ii) charge you different prices or rates for goods or services, (iii) provide you a different level or quality of goods or services, or (iv) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services, because you exercised a right under the CCPA.
• Right to Disclosure of Marketing Information. California’s Shine the Light Act (Civil Code sections 1798.83-1798.84) entitles California residents to request certain disclosures regarding Personal Information sharing with affiliates and/or third parties for marketing purposes.

We endeavor to respond to a verifiable request from a California Consumer within 45 days of receipt. If we require more time, we will notify you in writing of the reason and extension period. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding receipt of the verifiable consumer request. If we cannot comply with part or all of your request, we will explain the reasons in our response.

Your Personal Information Security

We take your data security very seriously. The following section outlines details about how your personal information is kept secure, and the rights you and Keener have in regards to that privacy.

Data Security.

We implement technical, organizational and physical measures in place to help protect your information from unauthorized access, processing or disclosure. We maintain internal policies to govern the collection, processing, access, and handling of data. We use technical safeguards to protect information online and stored on our systems. Please note, however, that no transmission of data over the Internet or mobile platforms is 100% secure, and we cannot guarantee that unauthorized third parties will not defeat our security measures or use your Personal Information for improper purposes.

Your Profile.

When you create your Keener profile, you will have a login and password. We encourage you to take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your login and password private. We are not responsible for any lost, stolen, or compromised passwords, or for any activity on your profile via unauthorized activity.

Social Networking.

If you access or register to use Keener via a social networking platform, we will receive Personal Information from the social network including identifiers like your name and email and other information to create your Keener profile. The social network provides us with this information in accordance with the terms of use and privacy notice of that platform.

Third Party Websites.

This Privacy Notice applies only to information collected by us when you use Keener. We may provide links to third-party platforms for your convenience, but we have no ability to control, and we are not responsible for, the privacy and data collection, use, and disclosure practices of third-party platforms, including Business Subscribers’ platforms. Any access to and use of linked websites is not governed by this Privacy Notice, but instead is governed by the privacy notices of those platforms. HealthStream is not responsible for the privacy practices of any third party. We encourage you to review and understand the privacy notices of such websites before providing them with any information.

Consent to Data Transfers.

Keener is owned and operated by HealthStream in the United States. If you use Keener from outside of the United States, Personal Information we collect about you will be transferred to our servers in the United States and maintained there indefinitely. This may require the transfer of your Personal Information out of your country of origin with laws governing data collection and use that may differ from or be more restrictive than U.S. law, or may result in governments, courts, law enforcement or regulatory agencies having access to or obtaining disclosure of your Personal Information pursuant to the laws of the applicable foreign jurisdiction. By allowing us to collect Personal Information about you, you consent to the transfer and processing of your Personal Information as described in this paragraph.

Children’s Privacy

Keener is designed for users age 18 and older. We do not knowingly collect Personal Information from children under 18. If we discover that a child under 18 has provided us with Personal Information, we will delete such information from our systems. If you believe we might have any information collected online from a child under 18, or if you become aware of any unauthorized submission of information to us, please contact us at myprivacy@keenerapp.com.

Changes to this Privacy Notice

As Keener grows, we will learn new ways to support the wellbeing of nurses. With this it’s possible that changes to this Privacy Promise may become necessary. Should the details of our Privacy Promise change, we will post those changes here and notify our users. We will always provide a way for Keener users to opt out. Your continued use of Keener after we make changes is an acceptance of those changes.

‍