Privacy Policy

Effective January 26, 2022

ES Digital Health, LLC, an Arizona limited liability company (“ES Digital Health”) respects and is committed to protecting your privacy. Please read this Privacy Policy carefully to understand our privacy policies, and how we collect, use and disclose information about you that we receive from you and from others.

This Privacy Policy, together with the ES Digital Health Terms of Use & End-User License Agreement (“Terms and Conditions”), describes our practices in connection with information that we collect through software applications (including mobile applications) and websites (including our main website) that we operate and that contain or link to this Privacy Policy (such applications and websites are collectively referred to as the "Applications").

By downloading, accessing or using the Applications, or providing information to us in connection with the Applications, you agree to the terms and conditions of this Privacy Policy and, in particular, you consent to the processing of your information in the manner described below.

This Privacy Policy does not address the privacy practices of any third party. We are not responsible for the privacy practices of any such third parties, including those to whom we disclose Personal Data in accordance with this Privacy Policy or to whom you submit Personal Data having accessed such third party application or website via the Applications. We do not endorse any applications or websites which may be linked via the Applications. We may collect and process Personal Data, Non-Personal Data and Health Information (as defined below) in connection with the Applications.

1.    PERSONAL INFORMATION WE MAY COLLECT AND HOW WE MAY USE OR DISCLOSE IT

“Personal Data” is data that identifies you. We may collect the following Personal Data from you:

•     First name, last name, address, email and phone number

•     Height, Weight, Blood Type, Gender, Birthdate and

•     “Health Information,” which includes data that relates to your physical or mental health history or conditions, to treatment you have received for those conditions, or to payments for those conditions. For example, we may collect information regarding whether you are pregnant, or information describing medications you are taking or otherwise relating to your health, such as details of allergies, conditions, blood pressure, or sleeping patterns.

We may use Personal Data:

•     To send you information regarding the Applications.

•     To send you details about changes to our Terms and Conditions and to this Privacy Policy and other policies.

•     To send to you marketing communications that we believe may be of interest to you, but we will use Health Information for these purposes only if you opt-in to receiving marketing communications.

•     To personalize your experience on the Applications by presenting products and offers tailored to you, if you opt-in to learning about such products and offers.

•     To respond to your inquiries/requests.

•     For our internal business purposes, such as for data analysis, to identify usage trends, to enhance the Applications and for audits.

•     To permit you to send communications to your contacts through the Applications (by providing us with third party contact details you agree that you have that person’s consent to share these details).

•     To provide services related to your medical and other healthcare appointments e.g. to send you appointment reminders; to communicate with you and your healthcare providers regarding your appointments; and to facilitate payments for the products and services they provide to you.

•     As we believe is necessary or appropriate: (a) as required or permitted under applicable law; (b) to respond to requests from public or government authorities; (c) to enforce our Terms and Conditions; and (d) to protect our rights, privacy, safety or property, or that of our affiliates, you or others.

We may disclose your Personal Data:

•     To healthcare professionals, as you direct, to assist them provide healthcare services to you.

•     To identify you to contacts to whom you send messages through the Applications.

•     In the event of any reorganization, merger, sale or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceeding), to relevant third parties.

•     As we believe is necessary or appropriate: (a) as required or permitted under applicable law; (b)           to respond to requests from public or government authorities; (c) to enforce our Terms and Conditions; and (d) to protect our rights, privacy, safety or property, or that of our affiliates, you or others.

We do not share your Personally Identifiable Information (PII) with third parties. We are not liable for the security and privacy of any information that you choose to print or email from our Applications.

Your personal data is retained as long as your account is active. You may close your account or the account of a minor if you are a parent or legal guardian by sending an email to info@esdigitalhealth.com with the login email address. We will contact you to verify your identity and subsequently close the account and delete all of the personal data associated with the account.

2.         NON-PERSONAL INFORMATION WE MAY COLLECT AND HOW WE MAY USE OR DISCLOSE IT

“Non-Personal Data” is data that does not reveal your identity, for example:

•     Server log files;

•     Information collected through cookies and other technologies;

•     Demographic information;

•     Health Information and other Personal Data that has been de-identified and can no longer identify you; and

•     Browser information.

We may collect Non-Personal Data in a number of ways, for example:

•     Through the device you use to access the Applications: e.g., your operating system name and version, device manufacturer, device model and identifier etc. We may use this data to analyze how the Applications are being used.

•     Using cookies: Cookies are small text files which are placed on the device on which you are using the Applications. We use cookies to better serve you with more tailored information and facilitate your ongoing access to and use of the Applications, as well as for online tracking purposes. You can disable cookies via your browser settings, however, this may mean that some of the features of the Applications are no longer available to you.

•     Through server log files: An Internet Protocol address (“IP Address”) is a numerical label assigned to the device that you are using by your Internet Service Provider. Your IP Address is identified and logged in our server log files whenever you use the Applications, along with the time of the use. We use IP Addresses for purposes such as helping to calculate usage levels of the Applications.

•     Using web beacons: Web beacons may be used in connection with the Applications to track the actions of users, and to measure the success of our marketing campaigns.

•     From you: We may collect information from you which you volunteer, e.g., your location. Unless combined with Personal Data, this information does not personally identify you.

•     Location data: We may establish the physical location of your device, for example, using satellite, cell phone tower or WiFi signals. We may use your device’s physical location to provide you with location-based services and content tailored to you. We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content. You may deny us establishing the physical location of your device, however, if you choose to do so, we and/or our marketing partners may not be able to provide you with personalized services and content.

We may use and disclose Non-Personal Data for any purpose. In some instances, we may combine Non-Personal Data with Health Information or other Personal Data. If we combine any Non-Personal Data with Health Information or other Personal Data, the combined information will be treated by us as Health Information or Personal Data, as long as it is so combined.

3.         HEALTH INFORMATION WE MAY COLLECT AND HOW WE MAY USE IT

“Health Information” is data that relates to your physical or mental health history or conditions, to treatment you have received for those conditions, or to payments for those conditions. We treat Health Information as Personal Data, subject to some special rules, that are described above under the heading “Personal Information We May Collect and How We May Use or Disclose It”.

4.         WHERE WE STORE YOUR INFORMATION

The Personal Data and Non-Personal Data we collect from you is stored in the United States. It may be processed by our employees or by one of our carefully selected, third-party service providers. By using the Applications, you agree to this.

We take all reasonable steps to ensure that your Personal Data and Non-Personal Data is processed securely.

5.         ADVERTISERS AND MARKETING

Third parties may display advertisements on the Applications. These third parties may also place a cookie on your device in the course of you viewing their advertisements. If you would like more information about this practice, please click here.

We will not share your Health Information with advertisers or other third parties. We will use your Health Information for marketing purposes only if you have opted-in to receive marketing communications. If you opt-in, you may opt-out at any time by sending us an e-mail at info@esdigitalhealth.com.

6.         JURISDICTION

The Applications are controlled by us from the United States.

This Privacy Policy, and our collection and subsequent processing of your Personal Data is governed by the law of the State of Arizona (not by the laws of any country, territory or jurisdiction other than the State of Arizona in the United States of America).

We do not represent or warrant that the Applications, or any functionality or feature thereof are appropriate or available for use in any particular jurisdiction. Those who choose to access or use the Applications do so on their own initiative and at their own risk. You are responsible for complying with all local laws, rules and regulations.

By using the Applications and submitting any Health Information or other Personal Data, users from outside the United States acknowledge that the Applications are subject to U.S. law and consent to the transfer of Health Information or other Personal Data to the United States, which may provide a different level of data security than in their country of residence. You hereby waive any claims that may arise under your own national laws, other than US law.

7.         GENERAL

The Applications are not directed to individuals under the age of eighteen (18). If you are under the age of 18 you are not permitted to use the Applications.

If any provision of this Privacy Policy is found to be void or unenforceable, such provision shall be severed and all other provisions shall remain in force.

We may change this Privacy Policy at any time. Any changes to this Privacy Policy will become effective when we make the revised Privacy Policy available through the Applications. Your use of the Applications or the submission of any information in connection with the Applications following such changes means that you accept the revised Privacy Policy.

If you have any questions in relation to this Privacy Policy please contact ES Digital Health at info@esdigitalhealth.com.

If you are a California resident, please see the California specific privacy terms below.

ES Digital Health

California-Specific Privacy Notice

What this privacy policy covers

This California-specific privacy notice applies to all the products, services, websites and applications offered by ES Digital Health (“ES Digital Health,” “We,” “Us,” or “Our”), except where otherwise noted (collectively, the “Service” or “Services”). This privacy statement is an extension to and forms part of the main ES Digital Health Privacy Policy.

Personal information we may collect about you and how it is used

General Information

For individuals who are California residents, the California Consumer Privacy Act (“CCPA”) requires certain disclosures about the categories of personal information we collect and how we use it, the categories of sources from whom we collect personal information, and the third parties with whom we share it. While we have set out the categories below as required by the CCPA, you can review our Privacy Policy for examples and other information that describes our data collection and use, as previously disclosed to you and which have not changed under this notice.

Depending on how you interact with us, ES Digital Health may collect the categories of information as summarized in the table below. This Supplemental Notice does not apply to information covered by the Health Information Portability and Accountability Act collected and stored in our provision of Services to healthcare providers and billing companies. This Supplemental Notice also does not apply to personal information we collect from employees, owners, directors, officers, or contractors of businesses in the course of our provision or receipt of business-related services. It also does not apply to personal information we collect from employees or job applicants in their capacity as employees or job applicants.

Sources of Information Collected

The categories of personal information we collect about you, as detailed below, come from the following categories of sources:

·         You, including through your use of our website and Services

·         Automatically collected from your browser

·         Our subsidiaries

·         Third parties

The categories of personal information we collect about you (as detailed above) may be used for the following purposes:

·         Providing our Services (for example, account servicing and maintenance, customer service, advertising and marketing, analytics, and communication about our Services)

·         For our operational purposes and the operational purposes of our service providers and integration partners

·         Improving our existing Services and developing new services (for example, by conducting research to develop new products or features)

·         Detecting, protecting against, and prosecuting security incidents and fraudulent or illegal activity

·         Bug detection, error reporting, and activities to maintain the quality or safety of our services

·         Auditing consumer interactions on our site (for example, measuring ad impressions)

·         Short-term, transient use, such as customizing content that we or our service providers display on the services

·         Other uses that advance our commercial or economic interests, such as third party advertising and communicating with you about relevant offers from third party partners

·         Other uses that we notify you about

Your Rights and Choices

In addition to the rights outlined in our Privacy Policy and subject to certain restrictions, California residents may also have the right to request that we disclose what personal information we collect about you, delete any personal information that we collected from or maintain about you, and opt-out of the sale of personal information about you. As a California resident, you may also have the right to designate an agent to exercise these rights on your behalf. This section describes how to exercise those rights and our process for handling those requests, including our means of verifying your identity. If you would like further information regarding your legal rights under applicable law or would like to exercise any of them, please contact us here. While our contact form is the best way to reach us, you may also email us at info@esdigitalhealth.com.

Requests for Access to and Deletion of Your Personal Information

Right to request access to your personal information

California residents have the right to request that we disclose what categories of personal information we collect, use, or sell about you. You may also request the specific pieces of personal information that we have collected about you. However, we may withhold some information where the risk to you, your personal information, or our business is too great to disclose the information.

Right to request deletion of your personal information

You may also request that we delete any personal information that we have collected from or about you. However, if you ask us to delete it, you may no longer be able to access or use our Services. Additionally, we may retain personal information as authorized under applicable law, such as personal information required to provide our Services; to protect our business and systems from fraudulent activity; to debug and identify errors that impair existing functionality, as necessary for us, or others; to exercise or ensure another’s exercise of free speech or other rights; to comply with law enforcement requests pursuant to lawful process; for scientific or historical research; for our own internal purposes reasonably related to your relationship with us; or to comply with legal obligations. We may also need certain types of information so that we can provide our Services to you.

How to exercise your access and deletion rights

California residents may exercise their California privacy rights by submitting your request here. While our contact form is the best way to reach us, you may also email us at info@esdigitalhealth.com.

For security purposes, we may request additional information from you to verify your identity when you request to exercise your California privacy rights. This information will be used solely to verify your identity in connection with your request and will not be retained.

Once you submit a request to (1) access the categories of personal information we have about you or (2) obtain a copy of specific pieces of personal information we have about you, we will verify your identity by matching the information provided in your request with information we may have in our system. Upon successfully verifying your identity, we will provide you with your requested information in a secure, password-protected format. If we are unable to verify your identity, we will notify you.

Once you submit a request to delete personal information we have collected from you, we will verify your identity by matching the information provided in your request with information we may have in our system. Upon successfully verifying your identity and confirming whether we have a right or obligation to maintain the information, we will delete your personal information and inform you once the deletion is complete. If we are unable to verify your identity, we will notify you.

Sale of Personal Information

For purposes of the CCPA, ES Digital Health does not “sell” your personal information.

Non-Discrimination Rights

California residents have the right to not be discriminated against for exercising their rights as described in this section. We will not discriminate against you for exercising your CCPA rights.

Questions

If you have questions or suggestions, please contact us at: info@esdigitalhealth.com.