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Privacy Policy

Last updated: January 22, 2024 

 

Introduction 

 

HLTHX MSO, LLC and its subsidiaries ("HLTHX" "we," or "us") owns and operates websites (the "Website") located at www.hlthx.com and may have previously, now or in the future own and/or operate a HLTHX mobile application (collectively, the " Platform"). Your access and use of the Platform, any part thereof, or anything associated therewith, including its content ("Content"), any products or services provided through the Platform or otherwise by HLTHX, and any affiliated website, software or application owned or operated by HLTHX (collectively, including the Platform and the Content, the "Service") are subject to this Privacy Policy unless specifically stated otherwise. Capitalized terms not otherwise defined in this Privacy Policy have the same meaning as set forth in the HLTHX Terms and Conditions ("Terms and Conditions").

We are committed to respecting the privacy of users of the Service. We created this Privacy Policy ("Privacy Policy") to tell you how HLTHX collects, uses and discloses information in order to provide you with the Service. 

 

By creating, registering, or logging into an account through the Service, or otherwise accessing or using the Service, you are acknowledging the most recent version of this Privacy Policy. If we make any changes to our Privacy Policy, we will post the revised Privacy Policy and update the "Last updated" date of the Privacy Policy. 

 

If you are using the Service on behalf of an individual other than yourself, you represent that you are authorized by such individual to act on such individual's behalf and that such individual acknowledges the practices and policies outlined in this Privacy Policy. 

Limitations on Use by Minors 

 

Our Service is generally intended for use by individuals who are at least eighteen (18) years of age or such older age as may be required by applicable state laws in the jurisdiction in which an individual utilizes the Service. Individuals who are between the ages of thirteen (13) and eighteen (18) (or such older age of majority) may use the Service for the purpose of obtaining a medical consultation (to the extent made available) if a parent or legal guardian provides consent to such use in accordance with the requirements set forth in our Terms and Conditions and the Service. The Service is not designed or intended to attract, and is not directed to, children under thirteen (13) years of age. If we obtain actual knowledge that we have collected personal information through the Platform from a person under thirteen (13) years of age, we will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form. 

 

Furthermore, if you are under sixteen (16) years of age, then you (or your parent or legal guardian if you are under age 13) may at any time request that we remove content or information about you that is posted on the Platform. Please submit any such request ("Request for Removal of Minor Information") to either of the following:

 

  • By mail: HLTHX, LLC, ATTN: Privacy Officer, 1000 Brickell Ave, Suite 715, PMB1266 , Miami, FL 33131-3047.  If you send by mail, please send by U.S. Certified Mail, Return Receipt Requested to allow for confirmation of mailing, delivery and tracking. 

  • By email: privacy@hlthx.com, with a subject line of "Removal of Minor Information" 

 

For each Request for Removal of Minor Information, please state "Removal of Minor Information" in the email or letter subject line, and clearly state the following in the body of the request: 

  • The nature of your request 

  • The identity of the content or information to be removed 

  • The location of the content or information on the Platform (e.g. by providing the URL) 

  • That the request is related to the "Removal of Minor Information" 

  • Your name, street address, city, state, zip code and email address, and whether you prefer to receive a response to your request by mail or email 

 

We will not accept any Request for Removal of Minor Information via telephone or facsimile. HLTHX is not responsible for failing to comply with any Request for Removal of Minor Information that is incomplete, incorrectly labeled or incorrectly sent.

Please note that we are not required to erase or otherwise eliminate, or enable erasure or elimination of such content or information in certain circumstances, such as, for example, when an international, federal, state, or local law, rule or regulation requires HLTHX to maintain the content or information; when HLTHX maintains the content or information on behalf of your Providers (as defined in our Terms and Conditions) as part of your electronic medical record; when the content or information is stored on or posted to the Site by a third party other than you (including any content or information posted by you that was stored, republished or reposted by the third party); when HLTHX anonymizes the content or information, so that you cannot be individually identified; when you do not follow the aforementioned instructions for requesting the removal of the content or information; and when you have received compensation or other consideration for providing the content or information. 

The foregoing is a description of HLTHX's voluntary practices concerning the collection of personal information through the Service from certain minors, and is not intended to be an admission that HLTHX is subject to the Children's Online Privacy Protection Act, the Federal Trade Commission's Children's Online Privacy Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations. 

Protected Health Information 

When you set up an account with HLTHX, you are creating a direct customer relationship with HLTHX that enables you to access and/or utilize the various functions of the Platform and the Service as a user. As part of that relationship, you provide information to HLTHX, including but not limited to, your name, email address, shipping address, phone number and certain transactional information, that we do not consider to be "protected health information" or "medical information". 

 

However, in using certain components of the Service, you may also provide certain health or medical information that may be protected under applicable laws. HLTHX is not a "covered entity" under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, " HIPAA"). One or more of the Medical Groups (as defined in our Terms and Conditions) may or may not be a "covered entity" or "business associate" under HIPAA, and HLTHX may in some cases be a "business associate" of a Medical Group. It is important to note that HIPAA does not necessarily apply to an entity or person simply because there is health information involved, and HIPAA may not apply to your transactions or communications with HLTHX, the Medical Groups or the Providers. To the extent HLTHX is deemed a "business associate" however, and solely in its role as a business associate, HLTHX, may be subject to certain provisions of HIPAA with respect to "protected health information," as defined under HIPAA, that you provide to HLTHX, the Medical Group or the Providers (" PHI"). In addition, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI, "Protected Information" ), will be used and disclosed only in accordance with such applicable laws. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under this Privacy Policy. Protected Information does not include information that has been de-identified in accordance with applicable laws. 

The Medical Groups and Providers have adopted a Notice of Privacy Practices that describes how they use and disclose Protected Information. By accessing or using any part of the Service, you acknowledge receipt of the Notice of Privacy Practices from your Medical Group and Provider(s). 

By accessing or using any part of the Service, you understand that even if HIPAA does apply to HLTHX, the Medical Groups, or the Providers, any information that you submit to HLTHX that is not intended and used solely for the provision of diagnosis and treatment by the Medical Group and Providers, is not considered Protected Information, and will only be subject to our Privacy Policy and any applicable state laws that govern the privacy and security of such information. For purposes of clarity, information you provide to HLTHX in order to register and set up an account on the Platform, including name, username, email address, shipping address and phone number, are not considered Protected Information. 

Collection of Personal Information 

 

The personal data we collect depends on how you interact with us, the services you use, and the choices you make.  

We collect information about you from different sources and in various ways when you use our services, including information you provide directly, information collected automatically, information from third-party data sources, and data we infer or generate from other data. 

Information you provide directly. We collect personal data you provide to us. For example: 

  • Name and contact information, such as your name, email address, phone number, and billing and physical addresses. 

  • Demographic data, such as your gender, date of birth, and zip code. 

  • Third-party website, network, platform, server and/or application information (e.g., Facebook, Twitter, Instagram) 

  • Payment information, such as your credit card number, financial account information, and other payment details.  

  • Content and files, such as photographs, videos, documents, and other files you upload to our Service. This includes email messages and other communications you send to us.  

  • Sensitive personal information 

  • Government ID. We may collect government-issued identifiers such as driver’s license, passport number, and social security numbers.  

  • Photographic or video images submitted for identification or non-diagnosis or treatment purposes, including photographs of your driver’s license or passport 

  • Account access information. We collect information such as a username or account number in combination with a password, security or access code, or other credential that allows access to an account. 

  • Sensitive demographic data. We collect information about racial or ethnic origin.  

  • Contents of communications. We collect the contents of communications that you make via our Service.  

  • Biometric information. We or our service providers may use biometric information to verify your identity prior to your use of our Service.  

  • Health data. We collect and analyze information concerning your health.  

  • Sexuality. We collect and analyze information about your sex life or sexual orientation. 

Information we collect automatically. When you use our services, we collect some information automatically. For example: 

  • Identifiers and device information. When you visit our websites, our web servers automatically log your Internet Protocol (IP) address and information about your device, including device identifiers (such as MAC address); device type; and your device’s operating system, browser, and other software including type, version, language, settings, and configuration. As further described in the “Cookies, Mobile IDs, and Similar Technologies” section below, our websites and online services store and retrieve cookie identifiers, mobile IDs, and other data.  

  • Geolocation data. Depending on your device and app settings, we collect geolocation data when you use our apps or online services. This information may include precise geolocation data, meaning data derived from a device and that is used to locate you within a circle with a radius of 1,850 feet or less, which is considered a type of sensitive personal information. 

  • Usage data. We automatically log your activity on our websites, apps and connected products, including the URL of the website from which you came to our sites, pages you viewed, how long you spent on a page, access times, and other details about your use of and actions on our website. In some instances, such usage data may be sensitive personal information if it relates to browsing activity on health-specific sites. 

Information we create or generate. We infer new information from other data we collect, including using automated means to generate information about your likely preferences or other characteristics (“inferences”). For example, we infer your general geographic location (such as city, state, and country) based on your IP address. 

Information we obtain from third-party sources. We also obtain the types of information described above from third parties. These third-party sources include, for example:  

  • Third-party partners.  Third-party applications and services, including social networks you choose to connect with or interact with through our services.  

  • Co-branding/marketing partners.  Partners with which we offer co-branded services or engage in joint marketing activities.  

  • Service providers.  Third parties that collect or provide data in connection with work they do on our behalf, for example companies that determine your device’s location based on its IP address.  

  • Publicly available sources.  Public sources of information such as open government databases. 

When you are asked to provide personal data, you may decline. And you may use web browser or operating system controls to prevent certain types of automatic data collection. But if you choose not to provide or allow information that is necessary for certain services or features, those services or features may not be available or fully functional.  

HLTHX MSO, LLC provides management services to the medical providers and certain pharmacies you may access through our Service. As a result, we may store additional health information on their behalf, including your medical record, communications with providers, and medical history.  

Cookies, Mobile IDs, and Similar Technologies  

We use cookies, web beacons, mobile analytics and advertising IDs, and similar technologies to operate our websites and online services and to help collect data, including usage data, identifiers, and device information.   

What are cookies and similar technologies? 

 

Cookies are small text files placed by a website and stored by your browser on your device. A cookie can later be read when your browser connects to a web server in the same domain that placed the cookie. The text in a cookie contains a string of numbers and letters that may uniquely identify your device and can contain other information as well. This allows the web server to recognize your browser over time, each time it connects to that web server.  

Web beacons are electronic images (also called single-pixel or clear GIFs) that are contained within a website or email. When your browser opens a webpage or email that contains a web beacon, it automatically connects to the web server that hosts the image (typically operated by a third party). This allows that web server to log information about your device and to set and read its own cookies. In the same way, third-party content on our websites (such as embedded videos, plug-ins, or ads) results in your browser connecting to the third-party web server that hosts that content. We also include web beacons in our email messages or newsletters to tell us if you open and act on them.  

Mobile analytics and advertising IDs are generated by operating systems for mobile devices (iOS and Android) and can be accessed and used by apps in much the same way that websites access and use cookies. Our apps contain software that enables us and our third-party analytics and advertising partners to access these mobile IDs.  

How do we and our partners use cookies and similar technologies? 

We, and our analytics and advertising partners, use these technologies in our websites, apps, and online services to collect personal data (such as the pages you visit, the links you click on, and similar usage information, identifiers, and device information) when you use our services, including personal data about your online activities over time and across different websites or online services. This data is used to store your preferences and settings, enable you to sign-in, analyze how our websites and apps perform, track your interaction with the site or app, develop inferences, deliver and tailor interest-based advertising, combat fraud, and fulfill other legitimate purposes. We and/or our partners also share the data we collect or infer with third parties for these purposes. For more information about the third-party analytics and advertising partners that collect personal information on our services, please see the “Our Disclosure of Personal Data” section of this statement.   

 

What controls are available? 

There are a range of cookie and related controls available through browsers, mobile operating systems, and elsewhere. See the “Choice and Control of Personal Data” section below for details.   

 

Use of Information 

We use the personal data we collect for purposes described in this privacy statement or as otherwise disclosed to you, subject to the limitations addressed in the Protected Health Information Section above. For example, we use personal data for the following purposes: 

 

Purpose of Use 

Categories of Personal Data 

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