Last updated: 1/10/2021
1. INTRODUCTION
(a) At Out Of Pocket Health, LLC (the "Company") we take your privacy rights, and your expectation of privacy, very seriously. We strongly encourage you to read this Privacy Policy and to let us know if you have any questions
(b) This Privacy Policy describes the Company’s policies and procedures regarding the collection, use and disclosure of information which you provide when you use the Company’s web site (the “Site”) and use or purchase the products and/or services offered on the Site (the Site, the related services and features, including the Company’s mobile and digital applications, and any other products and/or services offered by the Company are collectively referred to as the "Company Products”).
(c) We ask you to consent to our use of cookies in accordance with the terms of this Privacy Policy when you first use the Company Products. Your consent confirms that you have read and accepted this Privacy Policy.
(d) The Company will not use or share your information we obtain through your use of the Company Products for any purpose or with anyone except as described in this Privacy Policy. However, please note that this Privacy Policy does not apply to information we collect by other means or from other sources.
2. HOW WE COLLECT YOUR INFORMATION
(a) Information You Provide.
(i) When you access the Site or use or purchase any the Company Products, or at other times, we collect and store personally identifiable information (generally defined to mean information that can be used on its own or with other information to identify, contact or locate a single person, or identify an individual in context) about you that may include, among other things, your name, postal and e-mail addresses, information regarding your computer system.
(ii) We request certain information from you if you make a payment from the Site. You must provide contact information, such as your e-mail address, and payment information, such as a credit/debit card number and the expiration date. Payment information is used for payment processing purposes only. We use a credit/debit card processing company to process payments for the Company Products. We do not retain, share, store or use credit/debit card information for any secondary purposes (subject to Federal, state law including the California Public Records Act, and applicable non-US law such as the European Union's General Data Privacy Regulation, or "GDPR") and will exercise reasonable care, but no less than the care required by applicable laws, to prevent disclosure or use of credit/debit card information.
(b) Cookies.
(i) For each visitor to our Site, our web server may automatically attempt to identify the user through a cookie placed within the user’s web browser (a cookie is a message given to a web browser by a web server; the browser stores the message in a text file; the message is then sent back to the server each time the browser requests a page from the server). This is done to provide users with more relevant access to the Site. From time to time we may also track information, in aggregate, on pages and features that users access or view. The activity is collected and stored in our server’s log files. We may log Internet Protocol (IP) addresses, or the location of your computer on the Internet, for systems administration and troubleshooting purposes. We use this information in an aggregate fashion to track access to the Site.
(ii) We may also place cookies on users’ computers to allow users to store login information, personalize their user experience and navigate easily through the Site. Through the use of additional cookies or technology, we will have the ability to track users by their behavior profile and geographic location for the purpose of providing advertising that matches their interests and/or specific location.
3. PROVIDING YOUR PERSONAL INFORMATION TO OTHERS
The following sets forth the ways we may disclose your personal information to others.
(a) We may disclose personal information to our suppliers or subcontractors insofar as reasonably necessary to maintain the Company Products but not for advertising purposes.
(b) Financial transactions relating to the Company Products may be handled by our payment services providers. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding payments and dealing with complaints and queries relating to such payments and refunds. At your request we will inform you of the identity of our payment service providers and provide links to their privacy policies and practices.
(c) We may disclose your personal information to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
(d) We may transfer part or all of your information in the case of a merger, acquisition, bankruptcy, or other sale of all or a portion of the Company’s assets or stock.
(e) In addition to the specific disclosures of personal information set out in this Section, we may disclose your personal information where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal information where such disclosure is necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
4. OTHER DISCLOSURES OF YOUR INFORMATION
(a) We may store personal information in locations outside the direct control of the Company (for instance, on servers or databases co-located with hosting providers). As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers, or dissolution. In such cases we cannot control acquiring parties’ use of your information.
(b) We may disclose your personal information if required to do so by law or subpoena or if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect the Company’s rights or property. Additional use of your personal information that is not described in this Privacy Policy will only take place as required by statute or when we have obtained your consent.
5. LINKS TO OTHER SITES
The Company Products may contain links to other sites or services that may be subject to less stringent privacy standards. The Company cannot assume any responsibility for the privacy practices, policies or actions of the third parties that operate these websites or services. We are not responsible for how such third parties collect, use or disclose your personal information. You should review their privacy policies before providing them with personal information.
6. YOUR RIGHT TO OPT OUT
We are committed to providing users of the Company Products with the choice to receive or not receive emails, promotional materials and/or other communications from the Company. We only send commercial emails to users who have requested or consented to receive emails about our services and products. We do not send unsolicited commercial emails (“spam”), buy or sell email lists, or use purchased or harvested email lists. We offer commercial email recipients the opportunity to opt-out of further communications in every email. If you want to stop receiving commercial emails, promotional or other marketing materials, you can do so at any time by contacting the Company at nikhil@outofpocket.health.
7. NON-U.S. USERS
The Company Products are operated in and provided from the United States. If you are located in Canada, the European Union or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using the Company Products, participating in any of our services and/or providing us with your information, you consent to this transfer.
8. CALIFORNIA AND CANADIAN USERS
Under the California law, California residents may opt-out of the disclosure of personal information to third parties for the third parties’ direct marketing purposes. Canadian residents also have certain rights to know how their information may be shared with third parties for direct marketing purposes. As detailed above, you may contact us for such information or to opt-out of the sharing of your personal information with third parties for marketing purposes at any time by sending an e-mail stating this preference and including your full name and e-mail address to Nikhil@outofpocket.health. Please note that this opt-out does not prohibit disclosure for non-marketing purposes.
9. SECURITY
(a) The security of the Company Products and your information is of great importance to the Company. The Company has reasonable security measures in place to protect the loss, misuse and alteration of your information under the Company’s control, but we make no assurances about our ability to prevent any such loss, misuse or alteration, and we shall have no liability to you or any third party from any loss, misuse or alteration. We do not warrant that your access to the Company Products is completely secure.
(b) The Company shall notify any user whose information is suspected of being accessed, disclosed, altered or deleted by an unauthorized person, so that the user can take appropriate measures to minimize the adverse effect of such a data security breach (a "Breach Notification"). The Company will make such Breach Notification soon after it learns of a breach, unless it deems, at its sole discretion, that such Notification might hinder and prevent ongoing efforts to detect the source of the breach. For the avoidance of doubt, a Breach Notification does NOT constitute an admission by the Company that the breach occurred as a result of malpractice, failure, bad faith or negligence on behalf of the Company or that the breach even occurred in the Company's systems.
10. CHILDREN’S PRIVACY
Protecting the privacy of children is especially important. the Company does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to access the Site or use the Company Products. If we become aware that we have collected personal information from a child under age 13 without verification of parental consent, we take steps to remove that information.
11. GOVERNING LAW AND JURISDICTION
This Privacy Policy shall be governed by the laws of the State of New York, without regard to its conflict of laws provisions. Any dispute arising under or in relation to this Policy shall be resolved in accordance with the terms and procedures set forth in the Terms of Service.
12. CHANGES TO OUR PRIVACY POLICY
If we change our privacy policies and procedures, we will post those changes on this page to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. Changes to this Privacy Policy are effective when they are posted on this page. Please check this page on a consistent basis.
13. CONTACTING THE COMPANY
Please contact the Company if you have any questions about this Privacy Policy, the practices of the Company or your dealings with the Sites. You can contact us at nikhil@outofpocket.health or by conventional mail to 225 4th Avenue #239, Brooklyn NY 11215.
