VitalCheck-Doctors In Your Office Privacy Policy

March 6, 2024

1. Introduction

As part of the VitalCheck Doctors In Your Office Program (the "Program"), VitalCheck Wellness, Inc. ( "VitalCheck Wellness") will help arrange appointments for you at your place of work or other designated location or via a telemedicine appointment with a doctor, physician assistant nurse practitioner or other health care provider, who may be employed by VitalCheck or who may be independent or may be employed by a hospital, medical practice or clinic (each, a"Healthcare Provider"). The Program is a collaboration between VitalCheck Wellness and hospitals, independent medical practices and individual physicians designed to bring high-quality preventive healthcare to employers and employees on site at their place of work or via telemedicine.

The Healthcare Provider will provide you with certain preventive healthcare and/or behavioral science services and coaching, which may include an annual wellness examination and/or other medical examinations and blood and other tests, COVID and/or flu and other vaccinations, and related medical, diagnostic and preventive health services to detect and prevent illness, disease and other health related problems (the "Healthcare Services").

VitalCheck Wellness as administrative agent for the Program also provides administrative services and proprietary technology to the Healthcare Providers. ViutalCheck may be a business associate (as defined under Health Insurance Portability and Accountability Act ("HIPAA")) of and provide services to independent Healthcare Providers who participate in the Program.

In addition, VitalCheck Wellness will manage, forward and share your health history forms and other health-related information with the Healthcare Providers or with yourself via an online patient portal. VitalCheck Wellness may also provide other administrative services to the Healthcare Providers .

VitalCheck Wellness also provides you with access to our proprietary technology platform (the "Platform"). VitalCheck Wellness is committed to respecting the privacy rights of our customers, visitors, and other users of getvitalcheck.com (the "Site") and related websites, Platforms, services and mobile Platforms provided by VitalCheck Wellness and on/in which this Privacy Policy is posted or referenced (collectively, the "Services"). We created this Privacy Policy ("Privacy Policy") to give you confidence as you use the Services and to demonstrate our commitment to the protection of privacy. This Privacy Policy is only applicable to the Services. This Privacy Policy does not apply to any other website or digital service that you may be able to access through the Services or any website or digital services of VitalCheck Wellness‘s business partners, each of which may have data collection, storage and use practices and policies that may materially differ from this Privacy Policy. Your use of the Services is governed by this Privacy Policy and the Agreement (as the term "Agreement" is defined in our Terms of Use). Any capitalized term used but not defined in this Privacy Policy shall have the meaning in the Agreement.

BY USING THE SERVICES, YOU AGREE TO THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY AND YOU HEREBY CONSENT TO THE COLLECTION, USE, AND SHARING OF YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, YOU CANNOT USE THE SERVICES. 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.

2. Information We Collect

2.1 Personal Information

2.1.1 Personal Information Generally

Some of the Services require us to know more about you so that we can best meet your needs. When you access these Services, we may ask you to voluntarily provide us certain information that personally identifies (or could be used to personally identify) you ("Personal Information"). Personal Information includes (but is not limited to) the following categories of information: (1) contact data (such as your e-mail address and phone number); (2) demographic data (such as your gender, your date of birth and your zip code); (3) insurance data (such as your insurance carrier, insurance plan, member ID, group ID and payer ID); (4) medical data (such as the doctors, dentists or other health care providers ("YourHealthcare Providers") you have visited, your reasons for visit, your dates of visit, your medical history, and other medical and health information you choose to share with us), and (5) other information that you voluntarily choose to provide to us, including without limitation SSN, unique identifiers such as passwords, and Personal Information in emails or letters that you send to us. You may still access and use some of the Services if you choose not to provide us with any Personal Information, but the features of the Services that require your Personal Information will not be accessible to you.

2.1.2 Billing, Collection and Payment Information

When we process an insurance claim for medical services on behalf of a Healthcare Provider, your insurance information is processed by us or by our payment processing partner, if we appoint one. We or our payment processing partner collects your voluntarily provided Personal Information to process the insurance claim. Our payment processing partner‘s use and storage of information is governed by their applicable terms of service and privacy policy.

2.2 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"). Depending on applicable law, some Traffic Data may be Personal Information.

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.

2.3 HIPAA and PHI

Under a federal law called the Health Insurance Portability and Accountability Act ("HIPAA"), some of the demographic, health and/or health-related information that VitalCheck Wellness collects as part of providing the Services may be considered "protected health information" or "PHI". Specifically, when VitalCheck Wellness receives identifiable information about you from or on behalf of Healthcare Providers who have provided you with Medical Services, this information is PHI. HIPAA provides specific protections for the privacy and security of PHI and restricts how PHI is used and disclosed. VitalCheck Wellness may only use and disclose your PHI in the ways permitted by the Healthcare Provider(s). In addition, you have been or will be asked to e-sign a form of Consent to Treatment, Insurance Consent and Terms of Service and Privacy Policy and/or similar consents (the "VitalCheck Wellness UAuthorization"). Your decision to e-sign the VitalCheck Wellness Authorization is entirely voluntary. If you choose to e-sign the VitalCheck Wellness Authorization, you agree that VitalCheck Wellness may use and disclose your PHI in the same way it uses and discloses your Personal Information that is not PHI. These uses and disclosures are described in this Privacy Policy. To the extent any provision in the VitalCheck Wellness Authorization is inconsistent with this Privacy Policy or other provisions of the Agreement, then the provision in the VitalCheck Wellness Authorization only controls with respect to your PHI. If you do not e-sign the VitalCheck Wellness Authorization, then your Personal Information that is not PHI is governed by this Privacy Policy and your Personal Information that is PHI is used and disclosed only as permitted by your Healthcare Provider(s).

3. 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 information includes:

  • When you use the Services‘ interactive tools and services, making an appointment with a designated Healthcare Provider and completing medical history forms ("Medical History Forms") prior to Healthcare Provider appointments;
  • When you voluntarily provide information in free-form text boxes through the Services and through responses to surveys, questionnaires and the like;
  • If you use the Platform 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 that lets VitalCheck Wellness know when you are logged on and available to receive update or alert notices;
  • If we develop and you download our mobile Platform, we may receive information about your location and mobile device;
  • Through cookies, web beacons, website analytics services and other tracking technology (collectively, "Tracking Tools"), as described below; and
  • When you use the "Contact Us" function on the Site, send us an email or otherwise contact us.

4. Tracking Tools and "Do Not Track"

4.1. Tracking Tools

We may use tools outlined below in order to better understand users.

Google Analytics:We use "Google Analytics" to collect information about visitors on this site (no patient data) only. Google Analytics collects information such as how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to this site. We use the information we get from Google Analytics only to improve this site. Google Analytics collects only the IP address assigned to you on the date you visit this site, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this site, the cookie cannot be used by anyone but Google. Google‘s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use (as amended for government websites) and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser.

Cookies:"Cookies" are small computer files transferred to your computing device that contain information such as user ID, user preferences, lists of pages visited and activities conducted while using the Services. We use Cookies to help us improve or tailor the Services by tracking your navigation habits, storing your authentication status so you do not have to re-enter your credentials each time you use the Services, customizing your experience with the Services and for analytics and fraud prevention.

We may use a type of advertising commonly known as interest-

based or online behavioral advertising. This means that some of our business partners use Cookies to display VitalCheck Wellness ads on other websites and services based on information about your use of the Services and on your interests (as inferred from your online activity). Other Cookies used by our business partners may collect information when you use the Services, such as the IP address, mobile device ID, operating system, browser, web page interactions, the geographic location of your internet service provider and demographic information, such as gender and age range. These Cookies help VitalCheck Wellness learn more about our users‘ demographics and internet behaviors.

For more information on cookies, visit http://www.allaboutcookies.org.

Web Beacons:"Web Beacons" (a.k.a. clear GIFs or pixel tags) are tiny graphic image files imbedded in a web page or email that may be used to collect anonymous information about your use of our Services, the websites of selected advertisers and the emails, special promotions or newsletters that we send you. The information collected by Web Beacons allows us to analyze how many people are using the Services, using the selected advertisers‘ websites or opening our emails, and for what purpose, and also allows us to enhance our interest-based advertising.

Website Analytics:We may use third-party website analytics services in connection with the Services, including, for example, to register mouse clicks, mouse movements, scrolling activity and text that you type into the Site. These website analytics services generally do not collect Personal Information unless you voluntarily provide it and generally do not track your browsing habits across websites which do not use their services. We use the information collected from these services to help make the Services easier to use and as otherwise set forth in Section 6 (Use of Information).

Mobile Device Identifiers:Mobile device identifiers are data stored on your mobile device that may track mobile device and data and activities occurring on and through it, as well as the Platforms installed on it. Mobile device identifiers enable collection of Personal Information (such as media access control, address and location) and Traffic Data. As with other Tracking Tools, mobile device identifiers help VitalCheck Wellness learn more about our users‘ demographics and internet behaviors.

4.2. 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 VitalCheck Wellness‘s Cookies or mobile device identifiers, if you block or reject them, you may not have access to all features available through the Services.

You may opt out of receiving certain Cookies and certain trackers by visiting the Network Advertising Initiative (NAI) opt out page or the Digital Advertising Alliance (DAA) consumer opt-out page. When you use these opt-out features, an "opt-out" Cookie will be placed on your computer or tablet indicating that you do not want to receive interest-based advertising from NAI or DAA member companies. If you delete Cookies on your computer or tablet, you may need to opt out again. For information about how to opt out of interest-based advertising on mobile device identifiers, please visit http://www.Platformprivacy.org/expressing-your-behavioral-advertising-choices-on-a-mobile-device. Please note that even after opting out of interest-based advertising, you may still see VitalCheck Wellness‘s advertisements that are not interest-based (i.e., not targeted toward you). Also, opting out does not mean that VitalCheck Wellness is no longer using Tracking Tools - VitalCheck Wellness 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.

4.3. How VitalCheck Wellness Responds to Browser "Do Not Track" Signals

Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a "Do Not Track" (DNT) or similar feature that signals to websites that a visitor does not want to have his/her online activity and behavior tracked. If a website operator elects to respond to a particular DNT signal, the website operator may refrain from collecting certain Personal Information about the browser‘s user. Not all browsers offer a DNT option and there is currently no industry consensus as to what constitutes a DNT signal. For these reasons, many website operators, including VitalCheck Wellness, do not take action to respond to DNT signals. For more information about DNT signals, visit http://allaboutdnt.com.

5. Use of Information

We use your information, including Personal Information, to provide the Services to you and to help improve them, including to:

  • provide you with the products, services and information you request and respond to correspondence that we receive from you;
  • provide, maintain, administer or expand the Services, perform business analyses, or for other internal purposes to support, improve or enhance our business, the Services, and other products and services we offer;
  • send you information about VitalCheck Wellness or our products or Services;
  • contact you when necessary or requested, including to remind you of an upcoming appointment;
  • customize and tailor your experience of the Services, which may include sending customized messages or showing you Sponsored Results that may be of interest to you based on information collected in accordance with this Privacy Policy;
  • send emails and other communications that display content that we think will interest you and according to your preferences;
  • combine information received from third parties with the information that we have from or about you and use the combined information for any of the purposes described in this Privacy Policy;
  • use statistical information that we collect in any way permitted by law, including from third parties in connection with their commercial and marketing efforts; and
  • prevent, detect and investigate security breaches and potentially illegal or prohibited activities.

We may use information that is neither Personal Information nor PHI (including non-PHI Personal Information that has been de-identified and/or aggregated) to better understand who uses VitalCheck Wellness and how we can deliver a better healthcare experience (for example, testing different kinds of emails has helped us understand when and how patients prefer to get Wellness Reminders for preventive care), or otherwise at our discretion.

6. Disclosure of Information

We may disclose certain information that we collect from you:

  • We may share your Personal Information with Healthcare Providers with whom you schedule an appointment through the Platform. For example, if you complete a Medical History Form using the Platform in advance of an appointment, we will share your Medical History Form with the Healthcare Provider with whom you make the appointment.
  • We may share your Personal Information with the Healthcare Provider with whom you make the appointment 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, provided that you choose to use the applicable Services.
  • We may share your Personal Information with Healthcare Providers in the event of an emergency.
  • We may also share your Personal Information with organizations that collect, aggregate and organize your information so they can make it more easily accessible to your Healthcare Providers.
  • We do not sell email addresses to third parties. We may share your email address with our business partners to enable them to help VitalCheck Wellness customize our advertising.
  • We may share your Personal Information and Traffic Data with our business partners who perform core operational services (such as hosting, billing, fulfillment, data storage, security, insurance verification, or Website analytics set forth in Section 4.1 (Tracking Tools)) and/or by making certain features available to our users.
  • For the purposes of determining eligibility and cost-sharing obligations, and otherwise obtaining benefit plan information, we may share with the insurance provider you identify to us (via our business partners) your insurance-related Personal Information.
  • 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 VitalCheck Wellness (whether in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.
  • We also may need to disclose 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 applicable law, regulation, court order or other legal process; (2) protect the rights, property or safety of VitalCheck Wellness 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 neither Personal Information nor PHI (including non-PHI Personal Information that has been de-identified and/or aggregated) at our discretion.

We store and process your information on our servers in the United States. We maintain industry standard backup and archival systems.

7. Public Information

Any information that you may reveal in a review posting or online discussion or forum is intentionally open to the public and is not in any way private. We recommend that you carefully consider whether to disclose any Personal Information in any public posting or forum. What you have written may be seen and/or collected by third parties and may be used by others in ways we are unable to control or predict.

8. Storage and Security of Information

The security of your Personal Information is important to us. We endeavor to follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and in storage. For example, when you enter sensitive information on our Site, we encrypt that information using secure socket layer technology.

Although we make good faith efforts to store Personal Information in a secure operating environment that is not open to the public, we do not and cannot guarantee the security of your Personal Information. If we become aware that your Personal Information has been disclosed in a manner not in accordance with this Privacy Policy, we will use reasonable efforts to notify you of the nature and extent of the disclosure (to the extent we know that information) as soon as reasonably possible and as permitted or required by law.

9. Controlling Your Personal Information

If you are a registered user of the Platform, you can modify some of the Personal Information you have included in your profile or change your username by logging in and accessing your account. If you wish to close your account, please email us atcompliance@vitalcheckwellness.com. VitalCheck Wellness will delete your account and the related information at your request as soon as reasonably possible. Please note, however, that VitalCheck Wellness reserves the right to retain information from closed accounts, including 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.

10. Links to Other Websites

The Services may contain links to third party websites with which VitalCheck Wellness has no affiliation. A link to a non-VitalCheck Wellness website does not mean that we endorse that website, the quality or accuracy of information presented on the non-VitalCheck Wellness website or the persons or entities associated with the non-VitalCheck Wellness website. If you decide to visit a third party website, you are subject to the privacy policy of the third party website as applicable and we are not responsible for the policies and practices of the third party website. We encourage you to ask questions before you disclose your information to others.

11. Updates and Changes to Privacy Policy

The effective date of this Privacy Policy is set forth at the top of this webpage. We will notify you of any material change by posting notice on this webpage. Your continued use of the Platform and Services after the effective date constitutes your acceptance of the amended Privacy Policy. We encourage you to periodically review this page for the latest information on our privacy practices. The amended Privacy Policy supersedes all previous versions. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS PRIVACY POLICY, YOU MUST STOP USING THE SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES.

Last Revised: March 6, 2024

2024 VitalCheck Wellness, Inc. All rights reserved.