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©2019 Curāte Health, Inc

Privacy Policy

PRIVACY POLICY

 

Effective as of:  March 26, 2019

 

Curate Health, Inc. (“Curate Health”) and its licencors, beneficiaries, and/or contracted medical practice entities (collectively, the “Companies”) are committed to protecting your privacy. This Privacy Policy describes how and why we collect information from you or about you through our Klear Acne™ mobile application (the “Application”) and website and the services provided through the Application (the “Services”), and how we might use or disclose this information. The words “you” and “your” herein refer to each Application or website user and “we,” “us,” and “our” refer to Curate Health and the Companies. Please note that, unless we define a term in this Privacy Policy, all capitalized terms used herein have the same meanings as in our Terms of Use. Please therefore make sure that you have read and understand our Terms of Use.

 

By accessing and/or using the Application, website, and/or the Services, you are deemed to have accepted the terms of this Privacy Policy. If you do not agree with any part of this Privacy Policy, please do not use the Application.

 

Note that this Privacy Policy does not apply to policies and practices related to the collection and use of personal health information (PHI). Those policies can be found at https://www.klearacne.com/hipaa or https://www.curatehealth.com/hipaa.  

 

We may revise this Privacy Policy from time to time.  If we make revisions that change the way we collect or use your information, those changes will be posted in this Privacy Policy and the effective date will be noted at the top of the Privacy Policy. Therefore, you should review it periodically so that you are up to date on our most current policies and practices. If we make material changes to our practices regarding use of your information, your information will continue to be governed by the Privacy Policy under which it was subject prior to those changes, unless you have been provided notice of, and have not objected to, the changes.

 

COLLECTION OF PERSONAL INFORMATION

 

When you register for the Application or subscribe to our Services, we collect personal information that can identify you (“Personal Data”) such as your full name, email address, mailing address, telephone number, and credit card information for payment. We also may collect Personal Data or protected health information (“PHI”) from you when you transmit a request for treatment by a licensed physician, or other licensed provider such as a nurse practitioner or a physician’s assistant (each, a “Medical Provider”) through the Application (“Treatment”).   

The information that we collect varies depending upon how you use our Services. When you request Treatment, you will need to provide us with health-related information that a Medical Provider will need to determine whether he/she will provide medical services to you.  We will not use any PHI for any other purpose without your written authorization, or unless otherwise permitted or required by law.  You may revoke, in writing, any such authorization at any time, except to the extent we have taken action in reliance thereon. 

 

Please keep in mind that certain features on the Application or website may give you an opportunity to interact with us and others. These may include forums, message boards, chats, creating community profiles, and rating, tagging and commenting on articles. When you use these features, you should be aware that any information you submit, including your name, location, health issues, and email address, may be publicly available to others. We do not protect the privacy of, and are not responsible for, your disclosure of any information through these interactive features, including, but not limited to information that you might post related to a minor.

Also, whenever you voluntarily disclose anyone’s personal information on publicly-viewable web pages, that information can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information that you voluntarily post, so we encourage you to exercise discretion and caution with respect to information you choose to disclose through these interactive features. When an individual chooses to post information that will be publicly disclosed, he or she is responsible for all legal consequences. We are not responsible under any data protection laws for information that you voluntarily post on a site that can be accessed by others.

If you believe that we have violated your privacy rights, you should contact us at the mailing address or e-mail address provided below. 

 

OTHER INFORMATION WE COLLECT

 

Cookies.  Our Application may use cookies and other technologies to collect information. “Cookies” are small text files that web servers place on the hard drive of your computer or mobile device to allow you to personalize and store your settings; collect usage information; monitor web traffic; and help us improve our sites by measuring which areas are of greatest interest to users.  Cookies cannot be used to run programs or deliver viruses to your computer and they are not linked to any Personal Data.

 

Tracking and/or Analytics Services. We may use mobile application tracking and/or analytics services. These services may record unique mobile gestures such as tap, double-tap, zoom, pinch, scroll, swipe and tilt but do not collect personally identifiable information that you do not voluntarily enter in the Application. These services do not track your browsing habits across mobile applications that do not use the same services. We use the information collected by these services to understand user behavior and optimize performance.

 

Web Beacons. We may also use web beacons (invisible images often referred to as pixel tags or clear GIFs) in order to recognize users and assess traffic patterns, and we may include web beacons and cookies in our email messages in order to count how many e-mail messages have been opened.

 

Mobile Device Information. Your use of the Application may also include collection of information from your mobile device.  For example, the Application may request access to multimedia (photos or videos) stored on your mobile device.  Multimedia will only be collected from your device if you affirmatively select it to upload to the application (i.e. you choose an image or video to store within the Application).  Multimedia will not be shared with other Application users (with the exception of your profile photo, to the extent such feature is offered, which will appear in your user profile).

 

Third-Party Links:

 

Our Application or website may contain links to sites that are not operated by Curate Health. You may be asked by those sites to provide Personal Data or to release information you may have provided on our Application or website. You are not required to provide or release any Personal Data. We may also allow certain “widgets” (i.e., social share buttons) on our website to allow users to easily share information to social media or other platforms. The third parties that own these widgets may have access to information about your browsing history on websites where the widgets are placed. We encourage you to review the privacy policies of any third-party websites you choose to link from our Application or website, or social media platforms so that you can understand how those websites/platforms collect, use, and share your information. Curate Health does not control, and is therefore not responsible, for the privacy policies or other content on third-party websites or social media platforms.

 

USE OF PERSONAL INFORMATION

 

Subject to this Privacy Policy, the Terms of Use, and applicable terms and conditions of third-party applications, all data transmitted through the Application or website is owned by Curate Health; provided, however, that PHI you provide for the purpose of receiving Treatment will be solely owned by the treating medical practice, as applicable.  To the extent Curate Health is precluded from owning data transmitted through the Application, you grant Curate Health a perpetual, worldwide, royalty-free  license to use such data (with the exception of PHI) to the extent necessary to enable use of the Application, the website, and Services. Generally, we may use information in the following ways:

  • For the purposes for which you specifically provided it including, without limitation, to enable us to process your registration, provide the Services, or respond to other requests.

  • To arrange treatment per your request.

  • To send you information about your relationship or transactions with us.

  • To notify you about our products, services, and special offers, except that we will not use PHI for marketing purposes without your prior written consent for yourself or your minor child.

  • To otherwise contact you with information that we believe will be of interest to you.

  • To enhance or develop features, products and services.

  • To allow us to personalize the content that you and others see on the Application.

  • To provide advertisers and other third parties with aggregate information about Application users and Application usage patterns.

  • To allow other select companies to send you promotional materials about their products and services; provided that, no PHI will be used for this purpose without your prior written consent.

  • For any of the reasons disclosed by us when you provide the information. 

 

You acknowledge that unless you request in writing otherwise, we, in our sole discretion, has the right but not the obligation to perpetually store any information, whether Personal Data or otherwise, to the extent permitted by law.  If you wish for any information about you to be removed from our database, please contact us through the contact information provided below in the “Contact Us” section of this Privacy Policy, but note that we may be required (by law or otherwise) to retain certain information for a certain period. 

 

INFORMATION SHARING AND DISCLOSURE

 

Sharing for Treatment:

 

We will share your information, at your direction, to transmit to a Medical Provider a request for Treatment.  Where a Medical Provider is affiliated with a medical practice, Medical Provider’s treatment of your information is subject to such medical practice’s own policies and procedures.  Any PHI that we collect from you will be kept private and secure, as required by law.

 

Sharing with Affiliates:

 

We may share your information with affiliated companies and businesses, provided that your PHI will not be shared for any marketing purposes without your prior written consent, in accordance with applicable law.

 

Sharing with Curate Health’s Service Providers:

 

We may contract with third-party service providers to help us administer our Application, website, and related services. These service providers will only have access to your Personal Data for performing the contracted services and are expressly obligated not to use or disclose your Personal Data for any other purpose.

 

Sharing with Third Parties:

 

We may share the computer hardware/software data we collect automatically in the aggregate with third parties for quality improvement purposes, research and analysis, and marketing and promotional purposes, and to develop new tools and solutions. 

 

Disclosure for Legal Purposes:

 

We may use any collected Personal Data to contact users in connection with their inappropriate use of our Website, noncompliance with our Terms of Use, or in connection with a complaint another user has filed about their use.

 

We may also disclose any information to another party (e.g., law enforcement or government officials) to comply with legal requirements, court orders, or government agency requests; to protect or defend Curate Health; to protect the rights and safety of any third party, user, or the public; to stop any activity that we consider illegal or unethical; or, to the extent required or allowed by law, in connection with a corporate transaction, such as a merger, divestiture, consolidation,  or asset sale; or in the event of bankruptcy.

 

SPECIAL NOTICE FOR USERS OF THE APPLICATION: IF YOU ELECT TO MAKE YOUR PROFILE (OR THAT OF A MINOR OR FAMILY MEMBER) VIEWABLE BY MEDICAL PROVIDERS, ALL INFORMATION THAT YOU INCLUDE IN THAT PROFILE MAY BE VIEWED BY MEDICAL PROVIDERS. YOU SHOULD NOT ENTER ANY INFORMATION IN THE PROFILE THAT YOU (OR ANOTHER PERSON) WISH TO REMAIN CONFIDENTIAL.  A MEDICAL PROVIDER WILL NOT BE ABLE TO CONTACT YOU EXCEPT THROUGH THE PERSONAL CONTACT INFORMATION YOU PROVIDE THROUGH THE APPLICATION. CURATE HEALTH IS NOT RESPONSIBLE FOR THE RETENTION, USE OR PRIVACY PRACTICES OF ANY MEDICAL PRACTICES AFTER THEY HAVE RECEIVED YOUR INFORMATION.

 

 

CONFIDENTIALITY OF HEALTH INFORMATION

 

Certain medical practices and Medical Providers may be subject to laws and regulations governing the use and disclosure of health information they create or receive.  Included among them is the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health of 2009 (“HITECH”), and the regulations adopted thereunder, and applicable state laws.  When Curate Health stores, processes, or transmits “individually identifiable health information” (as such term is defined by HIPAA) on behalf of such a health care provider, Curate Health does so as its “business associate” (as also defined by HIPAA).  Curate Health is prohibited from, among other things, using individually identifiable health information in a manner that the health care provider itself may not.  Curate Health is also required to, among other things, apply reasonable and appropriate measures to safeguard the confidentiality, integrity and availability of individually identifiable health information we store and process on behalf of such health care providers.

 

DO NOT TRACK SIGNALS

 

Do Not Track” signals are requests by web browsers to disable a web application’s tracking of website or cross-site traffic. California law requires us to disclose how we respond to such Do Not Track signals. We do not have the capability to respond to any Do Not Track configuration set in your web browser, so we do not disable tracking or take any other action in response.  

 

CHILDREN’S PRIVACY

 

We support and comply with the Children’s Online Privacy Protection Act (COPPA) and we do not knowingly collect information from children under the age of 18 without parental consent, nor do we share such information with third parties. Children under the age of 12 may not use the Application.  Children between the ages of 12 and 17 may use the Application with the involvement of a parent or legal guardian.  If you seek treatment for a minor, you will be responsible for providing certain information related to the minor and for paying for the requested treatment for the minor.

 

OPT-OUT

 

We may send you free newsletters and/or promotional information about services that we provide at Curate Health. When you receive such communications from us, you will have the opportunity to “opt out” by following the unsubscribe instructions provided in the email you receive.

 

NOTICE TO CALIFORNIA USERS AND RESIDENTS

 

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: If you have a question or complaint regarding our Application or website, please send an email to help@klearacne.com. You may also contact us by writing to Klear Acne, Curate Health, Inc., 9488 Memory Ln, Ooltewah, TN 37363.  California residents may reach the Consumer Information Center of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask for a notice identifying the categories of Personal Data that we share with certain third parties for direct marketing purposes under certain circumstances and providing contact information for such third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: Klear Acne, Curate Health, Inc., 9488 Memory Ln, Ooltewah, TN 37363.

 

CHANGING OR DELETING PERSONAL INFORMATION

 

You have the ability to review and update your personal information by visiting the account management section on the Application. You can also review and update your personal information by contacting us at the email address provided below in the “How to contact us” section of this Privacy Policy.

 

CONTACT US

 

If you have any questions about this Privacy Policy, or any questions or concerns about our collection, use, or disclosure of your Personal Data, please contact us at help@klearacne.com or by writing a letter to: Klear Acne, Curate Health, Inc., 9488 Memory Ln, Ooltewah, TN 37363.