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Last updated: Jun 7, 2023

9AMHEALTH INC. PRIVACY POLICY

This Privacy Policy does not apply to the information we collect, use, and disclose in connection with your telemedicine visit or other health care or treatment-related services you may receive from our associated providers, through 9amHealth Medical Group, PA, a professional association, and its affiliates and OpenLoop Healthcare Partners California, PC, a professional corporation, and its affiliates (collectively, “Medical Groups””). Once you become a patient of our Medical Group, all Personal Information you have provided us through your account using the Services, defined below, will become subject to the Notice of Privacy Practices . We may request your authorization for us to use and disclose certain information subject to its Notice of Privacy Practices for specific, disclosed purposes, and our use and disclosure of such information will be in accordance with such an authorization.

9amHealth Inc. and its affiliates (collectively, “9amHealth,” “we,” or “us”) wants you to be familiar with how we collect, use and disclose information. This Privacy Policy describes our practices in connection with information that we collect through:

  • Websites operated by us from which you are accessing this Privacy Policy (the “Websites”);
  • Software applications made available by us for use on or through computers and mobile devices (the “Apps”);
  • Mobile applications made available by us for use on or through mobile devices (the “Mobile Apps”);
  • Our social media pages and apps (collectively, our “Social Media Pages”);
  • HTML-formatted email messages that we send to you that link to this Privacy Policy or other communications with you; and
  • Offline business interactions you have with us. Collectively, we refer to the Websites, Apps, Mobile Apps, Social Media Pages, emails, and offline business interactions as the “Services.”

PERSONAL INFORMATION

“Personal Information” is information that identifies you as an individual or relates to an identifiable individual. The Services collect Personal Information, including:

  • Name;
  • Date of birth;
  • Gender;
  • Photo ID;
  • Health information;
  • Address (including physical, billing and shipping addresses);
  • Telephone number;
  • Email address;
  • Username and password for our Websites and Apps;
  • IP address; and
  • Payment card data.

Remember that if you choose to become a patient by using our telemedicine service, the Personal Information you may provide, as well as any information related to your health, such as information about your illness, symptoms and their potential causes, medical history, test results, and any other personal health information will be subject to the Notice of Privacy Practices and not this Privacy Policy.

Collection of Personal Information

We and our service providers collect Personal Information in a variety of ways, including:

  • Through the Services.
  • We collect Personal Information through the Services, for example, when you sign up for a newsletter, register an account to access the Services, contact customer service, or make a purchase.
  • From Other Sources.
  • We receive your Personal Information from other sources, for example:
  • publicly available databases; and
  • joint marketing partners, when they share the information with us.
  • If you connect your social media account to your Services account, you will share certain Personal Information from your social media account with us, for example, your name, email address, photo, list of social media contacts, and any other information that may be or that you make accessible to us when you connect your social media account to your Services account.

We need to collect Personal Information in order to provide the requested Services to you. If you do not provide the information requested, we may not be able to provide the Services.

If you disclose any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

Use of Personal Information

We and our service providers use Personal Information for the following purposes:

  • Providing the functionality of the Services and fulfilling your requests.
  • To provide the Services’ functionality to you, such as arranging access to your registered account, and providing you with related benefits, special promotions, or customer service.
  • To respond to your inquiries and fulfill your requests, when you contact us via one of our online contact forms or otherwise, for example, when you send us questions, suggestions, compliments or complaints, or when you request information about our Services.
  • To complete your transactions, verify your information, and provide you with related benefits, special promotions, or customer service.
  • To send administrative information to you, such as changes to our terms, conditions, and policies.
  • To allow you to send messages to another person through the Services if you choose to do so.
  • Providing you with our newsletter and/or other marketing materials and facilitating social sharing.
  • To send you marketing related emails, with information about our services, new products and other news about our company.
  • To facilitate social sharing functionality that you choose to use.
  • Analyzing Personal Information for business reporting and providing personalized services.
  • To analyze or predict our users’ preferences in order to prepare aggregated trend reports on how our digital content is used, so we can improve our Services.
  • To better understand your interests and preferences, so that we can personalize our interactions with you and provide you with information and/or offers tailored to your interests.
  • To better understand your preferences so that we can deliver content via our Services that we believe will be relevant and interesting to you.
  • Allowing you to participate in sweepstakes, contests or other promotions.
  • We may offer you the opportunity to participate in a sweepstakes, contest or other promotion.
  • Some of these promotions have additional rules containing information about how we will use and disclose your Personal Information. Please read those additional rules before choosing to participate.
  • Aggregating and/or anonymizing Personal Information.
  • We may aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information. We do so to generate other data for our use, which we may use and disclose for any purpose, as it no longer identifies you or any other individual.
  • Accomplishing our business purposes.
  • For data analysis, for example, to improve the efficiency of our Services;
  • For audits, to verify that our internal processes function as intended and to address legal, regulatory, or contractual requirements;
  • For fraud prevention and fraud security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft;
  • For developing new products and services;
  • For enhancing, improving, repairing, maintaining, or modifying our current products and services, as well as undertaking quality and safety assurance measures;
  • For identifying usage trends, for example, understanding which parts of our Services are of most interest to users;
  • For carrying out corporate transactions, such as mergers, joint ventures or acquisitions;
  • For determining the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users; and
  • For operating and expanding our business activities, for example, understanding which parts of our Services are of most interest to our users so we can focus our energies on meeting our users’ interests.

Disclosure of Personal Information

We disclose Personal Information:

  • To our affiliates for the purposes described in this Privacy Policy.
  • We may share information we collect within any subsidiary or affiliate to deliver products and services to you, ensure a consistent level of service across our products and services, and enhance our products, services, and your customer experience
  • To our third party service providers, to facilitate services they provide to us.
  • These can include providers of services such as website hosting, data analysis, payment processing, order fulfillment, fraud prevention, information technology and related infrastructure provision, customer service or related benefits (including special promotions), email delivery, auditing, and other services.
  • To third parties, to permit them to send you marketing communications and to offer you certain products, services, and promotions, consistent with your choices.
  • To our Affiliated Doctors, if you choose to use our telemedicine service.
  • We will share Personal Information with the doctors affiliated with us, in order for them to provide you care or coordinate your treatment. Telemedicine communications are governed by the Notice of Privacy Practices .
  • To third party sponsors of sweepstakes, contests, and similar promotions.
  • By using the Services, you may elect to disclose Personal Information.
  • On message boards, chat, profile pages, and other services to which you are able to post information and content (including, without limitation, our Social Media Pages). Please note that any information you post or disclose through these services will become public and may be available to other users and the general public.
  • Through your social sharing activity. When you connect your Services account to your social media account, you will share information with your friends associated with your social media account, with other users, and with your social media account provider. By doing so, you authorize us to facilitate this sharing of information, and you understand that the use of shared information will be governed by the social media provider’s privacy policy.

Other Uses and Disclosures

We may also use and disclose Personal Information as we believe to be necessary or appropriate: (a) to comply with applicable law, to respond to requests from public and government authorities, to cooperate with law enforcement, or for other legal reasons; (b) to enforce our terms and conditions; and (c) to protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others. We may use, disclose or transfer your information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our assets or stock (including in connection with any bankruptcy or similar proceedings).

OTHER INFORMATION

“Other Information” is any information that does not reveal your specific identity or does not directly relate to an identifiable individual. The Services collect Other Information such as:

  • Browser and device information;
  • App usage data;
  • Information collected through cookies, pixel tags and other technologies;
  • Demographic information and other information provided by you that does not reveal your specific identity; and
  • Information that has been aggregated in a manner such that it no longer reveals your specific identity.

Collection of Other Information

We and our service providers may collect Other Information in a variety of ways, including:

  • Your browser or device.
  • Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Services (such as the App and Mobile App) you are using. We use this information to ensure that the Services function properly.
  • Your use of the App and Mobile App.
  • When you download and use the App, we and our service providers may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number.
  • Cookies.
  • Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences, and other traffic data. We and our service providers use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience. We also gather statistical information about use of the Services in order to continually improve their design and functionality, understand how they are used, and assist us with resolving questions regarding them. Cookies further allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Services. We may also use cookies or other technologies in online advertising to track responses to our ads. We do not currently respond to browser do-not-track signals. If you do not want information collected through the use of cookies, most browsers allow you to automatically decline cookies or be given the choice of declining or accepting a particular cookie (or cookies) from a particular website. You may also wish to refer to https://www.allaboutcookies.org/manage-cookies/index.html . If, however, you do not accept cookies, you may experience some inconvenience in your use of the Services. You also may not receive advertising or other offers from us that are relevant to your interests and needs.
  • Pixel tags and other similar technologies.
  • Pixel tags. Pixel tags (also known as web beacons and clear GIFs) may be used to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of the Services and response rates.
  • Analytics. We use third-party analytics tools such as Google Analytics, HotJar and Mixpanel [a][b][c][d][e][f]which uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices by going to www.google.com/policies/privacy/‌partners/, and exercise the opt-out provided by Google by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout . Uses and Disclosures of Other Information We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, we may use and disclose it for the purposes for which we use and disclose Personal Information as detailed in this Privacy Policy. In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.

SECURITY

We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contacting Us” section below.

CHOICES AND ACCESS

Your choices regarding our use and disclosure of your Personal Information

We give you choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt out from receiving marketing-related emails from us. If you no longer want to receive marketing related emails from us on a going-forward basis, you may opt out using the unsubscribe hyperlink provided in such emails, updating your choices in your account profile, or contacting us in accordance with the “Contacting Us” section below. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt out of receiving marketing related emails from us, we may still send you important administrative messages, from which you cannot opt out.

How you can access, change, or delete your Personal Information

If you would like to request to access, correct, update, suppress, restrict, or delete Personal Information, object to or opt out of the processing of Personal Information, or if you would like to request to receive a copy of your Personal Information for purposes of transmitting it to another company (to the extent these rights are provided to you by applicable law), you may contact us in accordance with the “Contacting Us” section below. We will respond to your request consistent with applicable law.

In your request, please make clear what Personal Information you would like to have changed or whether you would like to have your Personal Information suppressed from our database. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion).

THIRD PARTY SERVICES

This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any website or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates. In addition, we are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, RIM, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with the Apps or our Social Media Pages.

THIRD PARTY ADVERTISING

We use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use the Services and other websites or online services.[g][h][i][j][k][l]

  • You may receive advertisements based on information relating to your access to and use of the Services and other websites or online services on any of your devices, as well as on information received from third parties. These companies place or recognize a unique cookie on your browser (including through the use of pixel tags). They also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile phone and a laptop. If you would like more information about this practice, and to learn how to opt out of it in desktop and mobile browsers on the particular device on which you are accessing this Privacy Policy, please visit https://optout.aboutads.info/#/ and https://optout.networkadvertising.org/#/ . [You may download the AppChoices app at www.aboutads.info/appchoices to opt out in mobile apps.]

USE OF SERVICES BY MINORS

The Services are not directed to individuals under the age of thirteen (13), and we do not knowingly collect Personal Information from individuals under 13.

SENSITIVE INFORMATION Unless we request it, we ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, or criminal background) on or through the Services or otherwise to us.

THIRD PARTY PAYMENT SERVICE

The Services may provide functionality allowing you to make payments to 9am.health using third-party payment services with which you have created your own account. When you use such a service to make a payment to us, your Personal Information will be collected by such third party and not by us, and will be subject to the third party’s privacy policy, rather than this Privacy Policy. We have no control over, and are not responsible for, this third party’s collection, use, and disclosure of your Personal Information.

UPDATES TO THIS PRIVACY POLICY

The “LAST UPDATED” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy on the Services.

CONTACTING US

If you have any questions about this Privacy Policy, please contact us at hello@join9am.com, or: 9amHealth Inc. 914 N. Coast Highway 101, Suite A Encinitas, CA 92024 Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.