Last Modified: April 1, 2020
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
II. INFORMATION WE COLLECT ABOUT YOU
We may collect the following information about you:
- 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;
- 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);
- 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;
- Demographic Information. information about you but individually does not identify you, such as your product interests, location and demographics;
- 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;
- Feedback. personal testimonials, endorsements and other feedback you provide; and
- 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:
- 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;
- 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;
- Between Us. from each other: ClearMD and its affiliates, Provider Group and the Providers may share your information between each other; and
- 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:
- 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;
- 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;
- To Provide Support. to provide technical and other support relating to the Platform;
- 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);
- 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;
- 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;
- To Create Aggregated Information. to create de-identified or aggregated information, that cannot be used to personally identify you;
- 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;
- In Connection with Our Business. to facilitate the financing, securitization, insuring, sale, assignment, bankruptcy, or disposal of all or part of our business; and
- 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:
- Each Other. each other for the purposes described in Section IV;
- Financial Partners. our banking partners and payment processors to facilitate all transactions made via the Platform;
- 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;
- Third Parties for Marketing Purposes. third parties to permit them to send you marketing and advertising communications that may be relevant to you;
- 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;
- 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;
- Third Parties on an Aggregated Basis. any third party with respect to aggregated or de-identified information that does not identify any individual; and
- 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
- Do Not Track. We do not currently respond to “do not track” signals as we do not track our users across third party websites.
- 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.
- 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.
- 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.
- 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
- By Visiting Your Account. You can review and update certain information by visiting your account on the Platform.
- 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
- Security Measures. We have implemented measures designed to secure your information from accidental loss and from unauthorized access, use, alteration and disclosure.
- 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.
- 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
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.
XIII. CONTACT INFORMATION