General
Consumer Health Data Privacy Notice
Published: April 23, 2024
This Consumer Health Data Privacy Notice (CHD Notice) supplements our Privacy Notice for Buyer Features and Square Pay.
This CHD Notice applies only to personal information that may be considered “Consumer Health Data” (“CHD”) under the My Health My Data Act (“MHMDA”) in Washington and Nevada’s Consumer Health Data Privacy law (“NV CHDP”) (as well as any similar state laws in effect). This CHD Notice does not apply to “protected health information” (“PHI”) subject to the Health Insurance Portability and Accountability Act (“HIPAA”) that Square processes as a Business Associate on behalf of our Sellers. For information on how we process PHI collected or received on behalf of your Sellers, please contact those Sellers for information on their privacy practices.
Consumer Health Data We Collect About You
The Consumer Health Data (“CHD”) that we collect about you depends on how you use the Services. Examples of CHD that we may collect about you include:
- Information related to transactions or appointments with health professionals that you make through Square Buyer Features, including any information about your health-related conditions, symptoms, status, testing, or treatments (including procedures, medications, or other interventions) that you choose to provide.
- Information that could identify your attempt to seek health care services or information, including the healthcare providers you have considered when you search for Sellers with Square Buyer Features.
- Biometric information, such as a facial scan, to the extent that it may be considered consumer health data under the MHMD.
- Location information, which includes the location of your device, to the extent that you share that information to identify healthcare services near you; and
- Any other health information that you provide in connection with your use of the Square Buyer Features.
Sources of Consumer Health Data
We collect your CHD from the following categories of sources:
- From you or your device when you use Square Buyer Features in connection with any health care services, such as booking an appointment with a health care provider, purchasing prescriptions or searching for information on health care providers through Square Go;
- Your Sellers that provide you with healthcare services; and
- Our group companies and affiliates, including Cash App, Afterpay, and TIDAL.
How We Use Your Consumer Health Data
We may use the CHD we have obtained about you when you use the Square Buyer Services for the reasons outlined in our Privacy Notice for Buyer Features and Square Pay. Generally, we may use your CHD as reasonably necessary to provide you with the Services, including processing payments or other transactions with your Sellers, facilitating appointments bookings, displaying your information in your Square Profile (or other Square account), and delivering digital receipts. We may also use your CHD to personalize your use of our Square Buyer Services. We may also use your CHD for our internal business purposes, including troubleshooting our Services, maintaining the integrity of our Services, enforcing our agreements and complying with our legal obligations.
When and With Whom We Share Your Consumer Health Data
We may share your CHD generally as described in the “When And With Whom We Share Your Information” section of our Privacy Notice for Buyer Features and Square Pay. We share your CHD with your consent, as necessary to provide the Services, including to complete any transaction or booking, or as otherwise described in this section.
As described in the Privacy Notice for Buyer Features and Square Pay, we may disclose your CHD as follows:
- With your Sellers as necessary to complete any transaction or booking or as otherwise necessary for the Seller to provide the health care products or services you request.
- With our service providers that help us to provide, maintain, or improve the Services.
- If we do any business transfers, (including as part of a corporate merger, consolidation, or restructuring), we may disclose your CHD to any subsequent owner, co-owner or operator.
- If we believe that disclosure is reasonably necessary to comply with any legal obligations, exercise our rights, enforce our terms or protect our Services.
- With your consent, such as when you direct us to share your CHD or authorize a third party application or website to access your CHD.
How to Exercise Your Rights
Square allows you to exercise your rights as described in the “Your Choices” section of our Privacy Notice for Buyer Features and Square Pay. If we process any information on you that is subject to the MHMDA or NV CHDP, then you may have the right to access, delete, or withdraw your consent relating to such information. To the extent you would like to send us a request to exercise your rights under these laws, you may do so through the Square profile portal, or by contacting us by email at privacy@squareup.com.
If your request to exercise any of these rights is denied, you may appeal the denial by emailing us at privacy@squareup.com. If your appeal is unsuccessful, you can raise a concern or lodge a complaint with the Washington State Attorney General at www.atg.wa.gov/file-complaint.
Changes to this Privacy Notice
We may amend this CHD Notice from time to time by posting a revised version and updating the “Effective Date” above. The revised version will be effective on the “Effective Date” listed. We will provide you with prior notice of material changes in how we use your information. If you disagree with these changes, you may stop using our services at any time.