PRIVACY POLICY

Revised: August 28, 2020

Thank you for visiting Opt Health, Inc. doing business as Opt Health (“Opt Health”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice, or our practices with regards to your personal information, please contact us at info@getopt.com.

When you visit our website www.getopt.com (the “Site”), use our web or mobile application, as the case may be (the “App”) and more generally, use any of our services (the “Services”, which include the Site and App), we appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately. By continuing to use the Site, the App, and/or the Services, I hereby acknowledge that I consent to this Privacy Policy.  

This privacy notice applies to all information collected through our Services (which, as described above, includes our Site and App), as well as any related services, sales, marketing or events.

Please read this privacy notice carefully as it will help you understand what we do with the information that we collect.

Personal Information

The information that we collect depends on the context of your interactions with us and the Services. The information we collect may include the following: names; phone numbers; email addresses; mailing addresses; usernames; passwords; contact preferences; demographic data; computer, mobile device and/or browser information; usage activity; contact or authentication data; billing addresses; electronic signatures; and other similar information.

We may also collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by Stripe. You may find their privacy notice link(s) here: https://stripe.com/privacy.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

Protected Health Information

Additionally you agree that in using certain components of the Service, you may also provide certain health or medical information that may be protected under applicable laws. Any medical or health information that you provide that is subject to specific protections under applicable state or federal laws (“Protected Health Information”), will be used and disclosed only in accordance with such applicable laws. By accessing or using any part of the Service, you agree that any information that you submit to Opt Health that is not intended and used solely for the provision of diagnosis and treatment by Opt Medical Group or Providers, or for laboratory services or for use by a pharmacy, is not considered Protected Health Information, and will only be subject to our Privacy Policy and any applicable laws that govern the privacy and security of such information. You agree that any information you provide to Opt Health in order to register and set up an account to use the Services, including without limitation your name, username, email address, shipping address and phone number, are not considered Protected Health Information. You agree that any information that does not constitute Protected Health Information under applicable laws may be used or disclosed in any manner permitted under this Privacy Policy. For the avoidance of doubt, Protected Health Information shall not be deemed to include information that has been de-identified in accordance with applicable laws. Opt Health may also collect information from Opt Medical Group and/or Providers who provide treatment or other services to you in connection with the Services. This information may include, but is not limited to, diagnoses, treatment plans (including prescription details) and consult or treatment notes, and is accessible and visible through certain components of the Services. Opt Health may also have access to information related to your laboratory results and/or prescriptions through third parties such as the laboratories and pharmacies. Additionally Opt Health may collect certain medical information on behalf of Opt Medical Group and your Providers, which may include, without limitation: health and medical information you submit for treatment purposes, including information in any questionnaires you complete; scheduled appointments; images or videos you share; and/or communications with Providers. If using a mobile device to visit the Site or access the Services, Opt Health may collect supplemental categories of information, including without limitation the name associated with the device; telephone number associated with device; geolocation; and/or device ID information.

Information collected through our App

If you use our App, we also collect the following information:

• Geo-Location Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our App, to provide certain location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.

• Push Notifications. We may request to send you push notifications regarding your account or certain features of the App. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.

The information is primarily needed to maintain the security and operation of our App, for troubleshooting and for our internal analytics and reporting purposes.

We use personal information collected via our Services for a variety of purposes described below. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

• To facilitate account creation and logon process.
  
• Request feedback. We may use your information to request feedback and to contact you about your use of our Services.
  
• To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.
  

• To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
  
• To protect our Services. We may use your information as part of our efforts to keep our Services safe and secure (for example, for fraud monitoring and prevention).
  
• To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements.
  
• To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
  
• Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services.
  

• To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
  

• To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Services, subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time.
  
• Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.

We may process or share your data that we hold based on the following legal basis:

• Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.
  
• Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
  
• Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
  
• Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

• Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
  

• Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy notice. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
  

• Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.

Notwithstanding anything herein to the contrary, Opt Health will not process or share any of your data in any way that violates your legal rights or applicable laws.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. If you would like specific information about how we use such technologies and how you can refuse certain cookies you may email us at info@getopt.com.

This Site or App uses Google Maps APIs which is subject to Google’s Terms of Service. You may find the Google Maps APIs Terms of Service here. To find out more about Google’s Privacy Policy, please refer to this link.

We use the Google Maps API to retrieve certain information when you make location-specific requests. For a full list of what we use information for, please see the previous section. We obtain and store on your device (‘cache’) your location. You may revoke your consent anytime by contacting us at the contact details provided at the end of this document.

The Maps APIs that we use store and access cookies and other information on your devices.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than thirty six (36) months past the start of idle period of the user’s account.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at info@getopt.com.

If you have questions or comments about your privacy rights, you may email us at info@getopt.com.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

    ■  Log in to your account settings and update your user account.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services.

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may:

    ■  Contact us using the contact information provided.

CALIFORNIA RESIDENTS

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

CCPA Privacy Notice

The California Code of Regulations defines a “resident” as:

(1) every individual who is in the State of California for other than a temporary or transitory purpose and

(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose

All other individuals are defined as “non-residents.”

If this definition of “resident” applies to you, certain rights and obligations apply regarding your personal information.

What categories of personal information do we collect?

We have collected the following categories of personal information in the past twelve (12) months:

We may also collect other personal information outside of these categories in instances where you interact with us in-person, online, or by phone or mail in the context of:

• Receiving help through our customer support channels
  
• Participation in customer surveys or contests; and
  
• Facilitation in the delivery of our Services and to respond to your inquiries

How do we use and share your personal information?

More information about our data collection and sharing practices can be found in this privacy notice.

You may contact us by email at info@getopt.com or by referring to the contact details at the bottom of this document.

If you are using an authorized agent to exercise your right to opt-out, we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

Will your information be shared with anyone else?

We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.

We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be “selling” of your personal data.

Opt Health has not disclosed or sold any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. Opt Health will not sell personal information in the future belonging to website visitors, users and other consumers.

Right to request deletion of the data – Request to delete

You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation or any processing that may be required to protect against illegal activities.

Right to be informed – Request to know

Depending on the circumstances, you have a right to know:

• whether we collect and use your personal information;
• the categories of personal information that we collect;
• the purposes for which the collected personal information is used;
• whether we sell your personal information to third parties;
• the categories of personal information that we sold or disclosed for a business purpose;
• the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and
• the business or commercial purpose for collecting or selling personal information.

In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

We will not discriminate against you if you exercise your privacy rights.

Verification process

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with the information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.

We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

Other privacy rights

• you may object to the processing of your personal data
• you may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the data
• you can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.
• you may request to opt-out from future selling of your personal information to third parties. Upon receiving a request to opt-out, we will act upon the request as soon as feasibly possible, but no later than 15 days from the date of the request submission.

To exercise these rights, you can contact us by email at info@getopt.com or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.

We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is published online. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

If you have questions or comments about this notice, you may email us at info@getopt.com  or by post to:

Opt Health, Inc.

595 Pacific Ave

4th Floor

San Francisco, CA 94133

United States

You may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request form by emailing info@getopt.com. We will respond to your request within 30 days.