Privacy Policy

Privacy Policy

Effective Date: [--]

1. Introduction

This Privacy Policy (“Privacy Policy”) is incorporated by reference into [--]’s (“MedPal,” “we,” or “us”) Terms of Use and information regarding MedPal’s use of the information you and third parties provide as part of your use of the Site and Services (as such terms are defined in the Terms of Use). Any capitalized term used but not defined in this Privacy Policy shall have the meaning in our Terms of Use. BY USING OR OTHERWISE ACCESSING THE SERVICES, AND/OR BY CREATING AN ACCOUNT WITH US, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS PRIVACY POLICY, UNDERSTAND ITS TERMS, AND AGREE TO BE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, YOU ARE NOT PERMITTED TO USE OR ACCESS THE SITE OR THE SERVICES IN ANY WAY.

YOU HEREBY CONSENT TO THE COLLECTION, USE, AND SHARING OF YOUR INFORMATION (INCLUDING INFORMATION THAT MAY BE CONSIDERED PRIVATE OR SENSITIVE) AS DESCRIBED IN THIS PRIVACY POLICY. IF YOU USE THE SERVICES ON BEHALF OF SOMEONE ELSE (SUCH AS YOUR CHILD) OR AN ENTITY (SUCH AS YOUR EMPLOYER), YOU REPRESENT THAT YOU ARE AUTHORIZED BY SUCH INDIVIDUAL OR ENTITY TO ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF.

1. Information We Collect
   1. Personal Information Generally

As a condition to receiving all or a portion of the Services, we may ask you to provide us certain information that personally identifies you or could be used-to personally identify you (“Personal Information”). Personal Information includes (but is not limited to) the following categories of information: (1) e-mail address, mailing address, billing address, full name, phone number and other identifying information; (2) demographic data (such as your sex, your date of birth and your zip code); (3) with respect to users who are not Healthcare Providers, information regarding your past and present health condition, prior and current health care providers, healthcare providers you have visited, your reasons for obtaining the Services, your dates of visits with prior providers, your health history, sexual orientation, and other medical and health information you choose to share with us, including but not limited to ; (4) with respect to users who are Healthcare Providers, information regarding your practice, work mailing address, work e-mail address, other Healthcare Providers and practices that you are affiliated with, licensing credentials, qualifications and other information about your practice that we may require you to share with us; and (5) other identifying information that you voluntarily choose to provide to us, including without limitation unique identifiers such as passwords. Personal Information includes any information in the foregoing categories that is sent via the Site or as part of the Services as well as any applicable information that is sent via emails, letters or text messages. We may also collect additional information, which may be Personal Information, as otherwise described to you at the point of collection or pursuant to your consent.

• 1. Billing, Collection and Payment Information

When you make a payment through our Services to a Healthcare Provider (as further described in and subject to other provisions of the Terms of Use and AUP), your payment card information is processed by our payment processing partner. Our payment processing partner collects your voluntarily provided payment card information necessary to process your payment. Such partner’s use and storage of information it collects is governed by its applicable terms of service and privacy policy and not this Privacy Policy, unless and to the extent MedPal collects, stores or retains such data and only as expressly set forth herein. MedPal does not bill insurance and the Services provided by Healthcare Providers are not intended to be billable or reimbursable by any health care insurance program or third-party payor.

• 1. Traffic Data

We also may automatically collect certain data when you use the Services, such as (1) IP address; (2) domain server; (3) type of device(s) used to access the Services; (4) web browser(s) used to access the Services; (5) referring webpage or other source through which you accessed the Services; (6) geolocation information; and (7) other statistics and information associated with the interaction between your browser or device and the Services (collectively “Traffic Data”). Some Traffic Data may be considered Personal Information.

• 1. Information Authorization

In order to provide the Services and comply with applicable law, MedPal may require certain consents or authorization forms to be entered into by you prior to using the Services, including telehealth consents applicable in various states (the “MedPal Information Consents”). To avoid any doubt, in order to receive services from MedPal, we require that you e-sign such MedPal Information Consents. If you do not agree with the MedPal Information Consents applicable to you, you are not permitted to use the Services.

1. How We Collect Information

We collect information (including Personal Information and Traffic Data) when you use and interact with the Services, and in some cases from third party sources. Such means of collection include:

1. Users who are not Healthcare Providers

When you use the Services’ interactive tools and services, such as searching for Healthcare Providers, searching for available appointments with Healthcare Providers and completing history forms (“History Forms”) prior to Healthcare Provider appointments;

1. Users who are Healthcare Providers

When you use the Services’ interactive tools and services, such as searching for potential customers, providing descriptions of medical services, providing descriptions of pricing and appointment times and locations;

1. All Users. When you voluntarily provide information in free-form text boxes through the Services; through responses to surveys, questionnaires and the like; or through any care coordination features, including any audio-visual communication tools;

If you download and install certain applications and software, we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Services, such as information regarding when you are logged on and available to receive updates or alert notices;

If you download our mobile application or use a location-enabled browser, we may receive information about your location and mobile device, as applicable;

Through Tracking Tools, as described below; and

When you use the “Contact Us” function on the Site, send us an email or otherwise contact us.

1. Tracking Tools and “Do Not Track”
   1. Tracking Tools

We and third parties use cookies and Tracking Tools. We use first and third-party Tracking Tools to collect information including your Personal Information, as well as usage and demographic information about you over time. Third parties (e.g., advertising partners), collect such information, such as your name, address, email address, gender, telephone number, unique identifiers, preferences, etc., via these technologies. We and third-parties may use browser cookies which are stored on your computer in a file. In addition, we and third-parties may also collect and store your information (including Personal Information) via web beacons, remarketing pixel tags, and Flash cookies that are placed in the code of a web page or email or which access your browsing activity. Where cookie technologies may not be available (for example in mobile applications), we and third-parties may use technologies that perform similar functions to cookies that link identifiers used for advertising on mobile applications to an advertising cookie to coordinate ads across your mobile apps and mobile browser. We may use cross device tracking, Bluetooth low energy beacons, ibeacons, audio beacons and digital fingerprinting to identify and track you when you use different devices. By using the Site, you consent to the use of cookies and Tracking Tools described in this Privacy Policy.

• 1. Tracking Tools

We may use a type of advertising commonly known as interest-based or online behavioral advertising. This means that some of our partners use Tracking Tools to display MedPal ads on other websites or services based on information about your use of the Services or your interests (as inferred from online activity). Such partners may include third-party service providers, advertisers, advertising networks or platforms, and agencies.

• 1. Options for Opting out of Cookies and Mobile Device Identifiers

Some web browsers (including some mobile web browsers) allow you to reject cookies or to alert you when a cookie is placed on your computer, tablet or mobile device. You may be able to reject mobile device identifiers by activating the appropriate setting on your mobile device. Although you are not required to accept MedPal’s cookies or mobile device identifiers, if you block or reject them, you may not have access to all features available through the Services.

Please note that even after opting out of interest-based advertising, you may still see MedPal advertisements that are not interest-based (i.e., not targeted toward you). Also, opting out does not mean that MedPal is no longer using Tracking Tools — MedPal still may collect information about your use of the Services even after you have opted out of interest-based advertisements and may still serve advertisements to you via the Services based on information it collects via the Services.

• 1. How MedPal Responds to Browser “Do Not Track” (DNT) Signals

Some browsers have a Do Not Track (“DNT”) feature that lets you tell websites that you do not want your online activities tracked. When you choose to turn on the DNT setting in your browser, your browser sends a special signal to websites, ad networks, plug-in providers, and other web services you encounter while browsing to stop tracking your activity via cookies or other Tracking Tools. MedPal does not proactively monitor or respond to DNT signals.

1. MedPal’s Use of Information

We use information, including Personal Information, to provide the Services and to help improve the Services, to develop new services, and to advertise (for example, to display MedPal ads on other websites and to display ads on the Site).

As part of the Services, you may receive email, mobile phone notifications or texts (via SMS and/or MMS) and other communications from us, such as communications relating to your account. Communications relating to your account will only be sent for purposes important to the Services, such as password recovery and expiring account notices. By creating an account, you are, by default, opted in to receiving promotional email communications from us.

SMS Communications

MedPal may send appointment reminders, care coordination messages, and scheduling notifications via SMS to patients who have provided prior express consent. Message frequency varies. Message and data rates may apply. Patients may opt out at any time by replying STOP. For assistance, reply HELP. MedPal does not sell, rent, or share phone numbers with third parties for marketing purposes.

Upon downloading the Medpal mobile application, you will be provided with the option to opt in to receiving push notifications or in-app notifications from us on your mobile device. This consent is not a condition of use, and you may revoke this consent at any time by emailing us at: info@Medpal.app.

We may use your name, and email address, or mobile device identifiers to send you email messages, text messages, in-app messages or push notifications regarding advertising new services offered by MedPal and or Healthcare Providers. In addition, we may present offers to you on behalf of third-party partners. If you engage with such offers or advertisements (e.g., clicking on a banner ad), we may share your name, address, credit card information and other identifying information with this third-party;

Our customer service representatives may use your telephone number, e-mail address, mobile device identifier and other identifying information to contact you. MedPal reserves the right to use the information collected from the Site to send pricing, advertisements and information about Healthcare Providers on behalf of Healthcare Providers.

We may use your information to fulfill our legally required obligations, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities.

User profile information including your username and other information you enter may be displayed to other users to facilitate user interaction within the Services.

We may use your information for archival and backup purposes in connection with the provision of the Services, to better understand how users access and use the Site, for the purposes of trying to improve the Site, diagnose problems, administer our Site and respond to user preferences and to enforce our other applicable policies.

1. Disclosure of Information

In certain circumstances and in order to perform the Services, we may disclose certain information (including Personal Information) that we collect from you:

1. Users who are not Healthcare Providers

Consistent with your MedPal Information Consents.

We may share your Personal Information with Healthcare Providers with whom you choose to schedule through the Services. For example, if you complete a History Form using the Services in advance of an appointment, we may share your History Form with such selected Healthcare Providers.

We may share your Personal Information with Healthcare Providers to enable them to refer you to and make appointments with other Healthcare Providers on your behalf or to perform analyses on potential health issues or treatments.

1. Users who are Healthcare Providers

We may share your Personal Information with other users of the Services who are Healthcare Providers with whom you choose to schedule appointments with through the Services. Healthcare Providers may share your Personal Information with other health care providers in the event of an emergency or urgent situation, or law enforcement protect the rights, property or safety of you, MedPal or another party.

1. All Users

We may share your Personal Information with our partners to customize or display advertising.

We may share your Personal Information and Traffic Data with our partners who perform operational services (such as hosting, billing, fulfillment, data storage, security, , Website analytics, or ad serving) and/or who make certain services, features or functionality available to our users.

We may transfer your information to another company in connection with a merger, sale, acquisition or other change of ownership or control by or of MedPal (whether in whole or in part).

We may share your Personal Information or any other information we collect about you if we determine in good faith that such disclosure is needed to: (1) comply with or fulfill our obligations under applicable law, regulation, court order or other legal process; (2) protect the rights, property or safety of you, MedPal or another party; (3) enforce the Agreement or other agreements with you; or (4) respond to claims that any posting or other content violates third-party rights.

We may disclose information that is Personal Information to you or your authorized legal representative or legal guardian in compliance with applicable laws or regulations.

We may disclose information that is not Personal Information (including Personal Information that has been de-identified and/or aggregated) at our discretion and in compliance with applicable law.

1. Storage and Security of Information

We implement limited security measures to maintain the safety of your Personal Information. We (like all websites) cannot warrant or guarantee the security of any information, including Personal Information you transmit to us through the Site.

1. Protection of Health Information; Controlling Your Personal Information & Notifications

MedPal is not a covered entity nor subject to the Health Insurance Portability and Accountability Act (“HIPAA”). Your Personal Information is not protected health information under HIPAA. You do not have the rights to amend or correct your health information, unless required under applicable state law. Certain state laws may protect the confidentiality of your health information and access to your health information. You also may be entitled to breach notification procedures under applicable state law or the Federal Trade Commission’s breach notification rules.

If you have an account, you may modify certain Personal Information or account information by logging in and accessing your account. If you wish to close your account, please email us at [--]. MedPal reserves the right to retain information from closed accounts to comply with law, prevent fraud, resolve disputes, enforce the Agreement and take other actions permitted by law.

You must promptly notify us if any of your account data is lost, stolen or used without permission.

1. Information Provided on Behalf of Children and Others

If you are a parent or legal guardian of a child under the age of 18 who is using the Site or Services on behalf of such minor, except in certain limited circumstances, you may review the minor’s Personal Information maintained by us, require us to correct or delete the Personal Information, revoke your consent to the minor’s use of our Site and/or refuse to permit us from further collecting or using the minor's Personal Information.

We treat Personal Information received from minors in the same manner as Personal Information received from other Users as described in this Privacy Policy. If you are the parent or legal guardian of a minor, you can review, change or delete a minor's Personal Information, or revoke parental consent by sending us an e-mail at: [--].

If we learn that we have received any information directly from a minor without his/her parent’s or legal guardian’s written consent, we will use that information only to respond directly to that minor (or his/her parent or legal guardian) to inform the minor that he/she may not use the Services, and we will subsequently delete that information.

If you are a California resident under 18 years old and have an account, you can request that we remove content or information that you have posted to our website or other online services. Note that fulfilment of the request may not ensure complete or comprehensive removal. To request removal of content or information, please email us using the contact information below.

If you use the Services on behalf of another person, regardless of age, you agree that MedPal may contact you for any communication made in connection with providing the Services or any legally required communications. You further agree to forward or share any such communication with any person for whom you are using the Services on behalf.

1. Other Websites

The Site may contain links to websites maintained by third-parties with which we have no affiliation. This Privacy Policy does not reflect the privacy practices of those sites, and you should consult the privacy policies of those sites to learn about their practices. A link to any third-party site does not mean that we endorse it or the quality or accuracy of information presented on it.

1. Updates and Changes to Privacy Policy

We may change this Privacy Policy at any time we deem appropriate. Upon any such change, we will post the amended Privacy Policy on the Site; we may also attempt to notify you in some other way. Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement of the Privacy Policy, the modifications, and agreement to abide and be bound by the Privacy Policy, as amended. We encourage you to periodically review this Privacy Policy. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THIS PRIVACY POLICY, INCLUDING FOLLOWING ANY SUCH MODIFICATIONS HERETO, THEN YOU MUST STOP USING THE SITE AND THE SERVICES.

1. Contacts

If you have any comments, concerns or questions about this Privacy Policy or would like to review, update, correct or delete any Personal Information you have provided, please contact us at [--] or at:

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