Privacy Policy

Last Modified: April 1, 2020
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING OR ACCESSING THE PLATFORM.

I. INTRODUCTION
  1. Application of this Privacy Policy. We are committed to protecting your privacy. This privacy policy describes the types of information that ClearMD Solutions, Inc. and its affiliates (including ClearMD Pharmacy, LLC) (together, “ClearMD”), the professional corporations or other professional entities that are affiliated with ClearMD (“Provider Group”), and the health care providers that are employed by or are contracted independently with any Provider Group (“Providers”) may obtain by or through your interactions with us in connection with your use of ClearMD’s website at https://www.getclearmd.com/ or mobile application or any products or services provided by ClearMD, Provider Group or the Providers through the website or mobile application (together and any part thereof, the “Platform”). In this privacy policy, “we” or “us” refers to ClearMD and its affiliates, Provider Group and/or the Providers. This privacy policy also describes how we use that information, how we disclose it, how you can get access to that information, and the choices you have regarding our use of, and your ability to review and correct, that information. If there are different privacy policies on other websites or applications, then those privacy policies apply to your interactions on those websites or applications. You may access our Platform using other third party websites. Use of such third party websites is subject to the terms of service and privacy policies of those third parties.
  2. Why this Privacy Policy is Important. By using the Platform, you are accepting and consenting to our collection and use of your information as described in this privacy policy, our Terms of Service and to the extent you use any telehealth or health care services via the Platform, the Consent to Telehealth, all of which may be updated from time to time. If anything in this privacy policy, our Terms of Service or the Consent to Telehealth is unacceptable to you, please do not use the Platform or provide any information to us.
II. INFORMATION WE COLLECT ABOUT YOU

We may collect the following information about you:

  1. Personal Information. information by which you may be personally identified, such as your name, mailing and email address, birthdate, telephone number, billing and collection information that you provide to us or any other information defined as personally identifiable information or personal data under any applicable law;
  2. Health Related Information. clinical, patient or medical information or data, protected health information and other health related information, such as medical history and background information, information about your prescribed and over-the-counter medications, laboratory testing results, photos of you (e.g., selfies) and any other medical or health related information exchanged between you and ClearMD, or you and a Provider (including through the Platform);
  3. Usage Information. information about your visits to and usage of the Platform and your online activities over time across other websites, including information about the equipment you use to access our Platform, and your IP address, operating system, host domain, browser type, browsing actions and patterns, location data, logs, language, date and time of access, frequency and referring websites;
  4. Demographic Information. information about you but individually does not identify you, such as your product interests, location and demographics;
  5. Transaction Information. information you provide to process or respond to your requests for treatment, services, payment or customer service, including payment and billing information and contact information;
  6. Feedback. personal testimonials, endorsements and other feedback you provide; and
  7. Requested Information. other information we specifically request in connection with your use of the Platform.
III. HOW WE COLLECT THIS INFORMATION

We may collect the above information:

  1. You Provide It to Us. directly from you when you provide it to us or when you provide it via the Platform, such as the information you provide when you sign in or register for an account with the Platform, through communications with you through the Platform, when you complete a survey through the Platform, through feedback you provide to us and when you send us service or product related requests or questions or when you otherwise communicate with us;
  2. Automated Collection. through automated means as you navigate the Platform, such as through cookies, web beacons, pixel tags and other tracking technologies. Our Platform may use two types of cookies: single-session (temporary) and multi-session (persistent). Temporary cookies last only as long as your web browser is open, and are used for technical purposes such as enabling better navigation through our Platform. Once you close your browser, the cookie disappears. Persistent cookies are stored on your computer for longer periods and are used for purposes including tracking the number of unique visitors to our Platform and information such as the number of views a page gets, how much time a user spends on a page and other pertinent web statistics. We may also implement third party content or advertising on the Platform that may use clear gifs or other forms of web beacons, which allow the third party content provider to read and write cookies to your browser in connection with your viewing of the third party content on the Platform. Information collected through web beacons is collected directly by these third parties, and we do not participate in that data transmission, and accordingly, information collected by a third party in this manner is subject to that third party’s own privacy policies;
  3. Between Us. from each other: ClearMD and its affiliates, Provider Group and the Providers may share your information between each other; and
  4. Other Sources. from third parties and sources other than the Platform, such as our partners, advertisers and third party service providers (such as analytics providers, advertising networks and search information providers).
IV. HOW WE USE YOUR INFORMATION

We may use the information in the following ways:

  1. To Provide the Platform. to provide you with the Platform, including the various products, services, features and functionalities of the Platform. For example, to complete any registration or other transactions or actions you initiate on the Platform, to determine your eligibility to use the Platform, to process and fulfill your purchases of or requests for products or services via the Platform and to enable ClearMD to provide you with the Platform and the Providers to provide you with health care services via the Platform;
  2. To Provide Relevant Information. to provide you and contact you with certain information that could be relevant to you, including through notifications within the Platform and via email. For example, to email you with a notice that you have received a new message through the Platform, and to provide you with updates and information regarding any products or services you have purchased, obtained or otherwise requested via the Platform and information about our new or modified features, products and services;
  3. To Provide Support. to provide technical and other support relating to the Platform;
  4. To Enhance the Platform. to design, develop and improve the Platform and our other products and services, including to understand our audience and to enhance the safety and security or performance of the Platform (including verifying your identity, preventing or detecting fraud or other unauthorized activities);
  5. To Enhance Services. to deliver a better and more personalized service, including by enabling us to estimate audience size and usage patterns of our Platform, store information about your preferences, speed up your searches and recognize you when you return to our Platform;
  6. To Market. to market the Platform and our other products and services, such as through testimonials and endorsements you provide and permit us to post, and to market those products and services of third parties that we believe may be of interest to you and to understand the effectiveness of our advertising;
  7. To Create Aggregated Information. to create de-identified or aggregated information, that cannot be used to personally identify you;
  8. To Contact You. to contact you through a social media platform if you contacted us through that platform (in which case, your interactions with us are governed by this privacy policy as well as the privacy policy of the social media platform you used);
  9. To Enforce Our Rights. to enforce this privacy policy, the Terms of Service and Consent to Telehealth, and any other rights or remedies that we may have under contract or law;
  10. By Your Consent. for any purpose where you have given your consent (where legally required) and inclusive of any consent given by a parent/guardian on behalf of their thirteen to seventeen (13–17) year old accessing the Platform in accordance with this privacy policy, the Terms of Service and Consent to Telehealth;
  11. To Comply with Laws. to comply with applicable federal, state, and other laws and regulations and any judicial proceeding, court order or legal process served on us;
  12. In Connection with Our Business. to facilitate the financing, securitization, insuring, sale, assignment, bankruptcy, or disposal of all or part of our business; and
  13. To Combine Information. to associate and combine your information with other information that we have about you, including information that we have collected or received from third parties, so we can use the associated or combined information for the purposes described above.
V. DISCLOSURE OF YOUR INFORMATION

We may disclose your information to:

  1. Each Other. each other for the purposes described in Section IV;
  2. Authorized Individuals. anyone authorized under this privacy policy or under any other consent or authorization that you may provide (for example, if you ask us to share certain information with third party physicians, health care facilities and organizations, pharmacies and laboratories);
  3. Financial Partners. our banking partners and payment processors to facilitate all transactions made via the Platform;
  4. Service Providers. our service providers and subcontractors, such as our third party providers of marketing and advertising services, analytics, web hosting, call centers and customer support, data fraud prevention and products and medications, but solely for the purpose of fulfilling their services and obligations to us;
  5. Third Parties for Marketing Purposes. third parties to permit them to send you marketing and advertising communications that may be relevant to you;
  6. Third Party Advertisers. third party advertisers to select and serve advertisements that may be relevant to you when you use the Platform and other websites;
  7. Other Relevant Third Parties. third parties to fulfill the purpose for which you provide it. For example, if you sign up for certain services, we may share your information in order to provide those services;
  8. Third Parties in Connection with Legal Requirements or Rights. third parties if we are under a duty to disclose your information to them in order to comply with applicable federal, state, and other laws and regulations or any judicial proceeding, court order or legal process served on us, to enforce this privacy policy, our Terms of Service, the Consent to Telehealth or other agreements, or to protect the rights, property, or safety of our customers or others (such as for the purposes of fraud protection and credit risk reduction);
  9. Third Parties on an Aggregated Basis. any third party with respect to aggregated or de-identified information that does not identify any individual; and
  10. Third Parties in Connection with Our Business. to third parties in connection with a potential sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation of all or part of our business.

If you you post any information on publically available parts of the Platform, such as any public message boards and review or comment fields, then such information will become public information.

VI. YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION
  1. Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our Platform may then be inaccessible or may not function properly.
  2. Do Not Track. We do not currently respond to “do not track” signals as we do not track our users across third party websites.
  3. Communications via Mail. If you do not wish to receive promotional or marketing materials from us via mail, you can contact us at the address provided in Section XIV to opt-out.
  4. Emails. If you do not wish to receive promotional or marketing emails from us, you can contact us at the address provided in Section XIV to opt-out. You can also unsubscribe from promotional and marketing emails via the unsubscribe link included in each such promotional or marketing email. This opt-out will not apply to other types of emails you receive from us.
  5. Text Messages. We may send text messages you have consented to receive. You can cancel text messages at any time by following the relevant instructions on the text message. After you follow those instructions, we may send you an additional text message to confirm that you have been unsubscribed. You will no longer receive text messages from that short code, but you may receive text messages if you are subscribed to other text lists. Message and data rates may apply.
  6. Mobile Phones. You may opt-out from allowing us to send you push notifications by adjusting the permissions in your mobile device. This opt choice may not work for in-app notifications. You may also prevent your mobile device from sharing your location data by adjusting the permissions on your mobile device. You can stop all further collection of information by our mobile application by uninstalling the mobile application. However, if you re-install the application on the same device, we may be able to re-associate you to your previous transactions and activities.
VII. ACCESSING AND UPDATING YOUR INFORMATION
  1. By Visiting Your Account. You can review and update certain information by visiting your account on the Platform.
  2. By Contacting Us. You can review and update certain information, including any testimonials or endorsements you provided, by contacting us at the address provided in Section XIV. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. We may not be able to delete certain information unless we delete your entire account with us. If we delete your information, others we have provided such information to under Section V may still retain such information.
VIII. DATA SECURITY
  1. Security Measures. We have implemented measures designed to secure your information from accidental loss and from unauthorized access, use, alteration and disclosure.
  2. Passwords. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Platform, you are responsible for keeping this password confidential and for changing the password if you suspect that its security has been compromised. We ask you not to share a password with anyone. The information you share in public areas may be viewed by any user of the Platform.
  3. Transmissions at Your Risk. Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your information, we cannot guarantee the security of your data transmitted to our Platform; any transmission is at your own risk.
IX. THIRD PARTY PLATFORMS

Our Platform may contain links or references to other websites outside of our control. Please be aware that this privacy policy does not apply to these websites. These third party websites may send their own cookies and other tracking devices to you, log your IP address, and otherwise collect data or solicit information. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT THIRD PARTIES DO IN CONNECTION WITH THEIR WEBSITES, OR HOW THEY HANDLE YOUR INFORMATION. PLEASE EXERCISE CAUTION AND CONSULT THE PRIVACY POLICIES POSTED ON EACH THIRD PARTY WEBSITE FOR FURTHER INFORMATION.

X. CALIFORNIA RESIDENT PRIVACY RIGHTS UNDER “SHINE THE LIGHT”

California Civil Code Section 1798.83 permits California residents to request information regarding our disclosure, if any, of their personal information to third parties for such third parties’ direct marketing purposes. If this applies, you may obtain the categories of personal information shared and the names and addresses of all third parties that received your personal information for their direct marketing purposes during the immediately prior calendar year (e.g., requests made in 2019 will receive information about 2018 sharing activities). To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response. You may make this request in writing to the address provided in Section XIV.

XI. NO SERVICES TO CHILDREN UNDER THE AGE OF 13

Our Platform is not intended for children under thirteen (13) years of age, and we do not knowingly collect or use any personal information from children under the age of thirteen (13). No one under age thirteen (13) may provide any information to or on the Platform. If we learn we have collected or received personal information form a child under thirteen (13), we will delete that information. If you believe we might have any information from or about a child under the age of thirteen (13), please contact us at the address provided in Section XIV.

XII. REVISIONS TO OUR PRIVACY POLICY

We may change this privacy policy at any time. It is our policy to post any changes we make to our privacy policy on this page. The date this privacy policy was last modified is identified at the top of the page. You are responsible for ensuring we have an up-to-date, active and valid email address for you, and for monitoring and reviewing any updates to the privacy policy. Should any substantial changes in the way we use your personal information be made, we will notify you by posting on our website and/or by sending our known users an email notification. We otherwise advise you to read our privacy policy every time you visit our website or mobile application to stay abreast of any updates. Your continued use of our Platform after such changes are made to the privacy policy will be deemed your acknowledgement of and agreement to those changes.

XIII. CONTACT INFORMATION

If you have any questions or comments about this privacy policy or our privacy practices, please message us through the Platform or contact us at privacy@getclearmd.com.