Last modified: October 3, 2024

1. Introduction

Thls Privacy Pollcy describes how Percy Health collects and uses Personal Data about you through the use of our Website, mobile applications, and through email, text, and other electronic communications between you and Percy Health.

Percy Health, LLC. DBA Percy Health (“Percy Health,” or “we,” “our,” or “us”) respects your privacy, and we are committed to protecting it through our compliance with this policy. 

This Privacy Policy (our “Privacy Policy”) describes the types of information we may collect from you or that you may provide when you visit or use our website located at www.Percy Health.com (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information. For purposes of this Privacy Policy, our Website, App, and all related services and functionality that we provide through them are referred to as our “Digital Products”. 

This policy applies to information we collect:

• on our Digital Products;
• in email, text, and other electronic messages between you and our Digital Products; and
• when you interact with our advertising and applications on third party websites and services, if those applications or advertising include links to this policy. 

It does not apply to information collected by:

• us offline or through any other means, including on any other website operated by Percy Health or any third party; and
• any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Digital Products. 

Percy Health is not a medical group. Percy Health does not provide medical advice or care. Any telemedicine consults obtained through our Website are provided by independent medical practitioners including, but not limited to, independent medical groups with a network of United States based health care providers (each, a “Provider”). Providers and all members of its Affiliated Covered Entity (collectively, “Medical Providers,” “we” or “our”) are required by law to maintain the privacy of your health information in accordance with federal and state law and in accordance with the Medical Notice of Privacy Practices, available at [https://www.Percy Health.com/agreement/notice-of-privacy-practices]. In the event of a conflict between this Privacy Policy and the Privacy Notice, the Privacy Notice shall prevail. If you do not agree to be bound by those terms, you are not authorized to access or use our Website, and you must promptly exit our Website. 

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Digital Products. By accessing or using our Digital Products, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of our Digital Products after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates. 

2. Children Under the Age of 18

Our Digital Products are not intended for children under the age of 18 and children under the age of 18 are not permitted to use our Digital Products. We will remove any information about a child under the age of 18 if we become aware of it

Our Digital Products are not intended for children under 18 years of age. No one under age 18 may provide any information to or through the Digital Products. We do not knowingly collect Personal Data from children under 18. If you are under 18, do not use or provide any information on or in our Digital Products or on or through any of their features, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Data from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from a child under 18, please contact us at support@PercyHealth.com. 

3. Information We Collect About You and How We Collect It

We collect different types of information about you, including information that may directly identify you, information that is about you but individually does not personally identify you, and information that we combine with our other users. This includes information that we collect directly from you or through automated collection technologies.

Generally

We collect several types of information from and about users of our Digital Products, specifically information:

• by which you may be personally identified, such as name, home address, billing address, shipping address, e-mail address, home, work, and mobile telephone numbers, date of birth, photographs, videos, health information and medical history, and credit or debit card number (for payment purposes only) (“Personal Data”); 
• that is about you but individually does not identify you, such as traffic data, logs, referring/exit pages, date and time of your visit to or use of our Digital Products, error information, clickstream data, and other communication data and the resources that you access and use on or through our Digital Products; or
• about your Internet connection, the equipment you use to access or use our Digital Products and usage details.

We collect this information:

• directly from you when you provide it to us;
• automatically as you navigate through or use our Digital Products. Information collected automatically may include estimated or precise geo-location, usage details, IP addresses, and information collected through cookies and other tracking technologies; and
• From third parties, for example, our business partners.  

Information You Provide to Us

The information we collect on or through our Digital Products is:

• Personal Data such as the data identified above;
• Information that you provide by filling in forms on our Digital Products. This includes information provided at the time of registering to use our Digital Products, using our services or other services available through the Digital Products, purchasing products, or requesting further services. We may also ask you for information when you report a problem with our Digital Products;
• Records and copies of your correspondence (including email addresses), if you contact us; and
• Details of transactions you carry out through our Digital Products and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Digital Products.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Digital Products or transmitted to other users of the Digital Products or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Digital Products with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies and Marketing Attribution Technologies

As you navigate through and interact with our Digital Products, we may use automatic data collection technologies and marketing attribution technologies to collect certain information about your equipment, browsing actions, and patterns, specifically:

• details of your visits to our Digital Products, such as traffic data, location, logs, referring/exit pages, date and time of your visit to or use of our Digital Products, error information, clickstream data, and other communication data and the resources that you access and use on or in the Digital Products; 
• information about your computer, mobile device, and Internet connection, specifically your IP address, operating system, browser type, and App version information; and
• information about your communications with Percy Health, such as email engagement.

The information we collect automatically may include Personal Data or we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties. It helps us to improve our Digital Products and to deliver a better and more personalized service by enabling us to:

• estimate our audience size and usage patterns;
• improve our product and services offering;
• store information about your preferences, allowing us to customize our Digital Products according to your individual interests; and
• recognize you when you return to our Digital Products.

The technologies we use for this automatic data collection and marketing attribution may include:

• Cookies (or browser cookies).  We and our service providers may use cookies and other technologies to receive and store certain types of information whenever you interact with our Digital Products through your computer or mobile device. A cookie is a small file or piece of data sent from a website and stored on the hard drive of your computer or mobile device. On your computer, you may refuse to accept browser cookies by activating the appropriate setting on your browser, and you may have similar capabilities on your mobile device in the preferences for your operating system or browser. However, if you select this setting you may be unable to access or use certain parts of our Digital Products. Unless you have adjusted your browser or operating system setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website or use our App. 
• Web Beacons. Pages of a Website, or our e-mails, may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
• Analytics Tools and Services. We may use third-party analytics tools and services (such as those of Google Analytics and Amplitude) to measure and analyze usage information on our Website, which may be used for various reasons such as auditing, reporting, conversion tracking, research, or providing certain features and services to you. You can find out more about how Google Analytics uses data when you visit our Website and Digital Products by visiting “How Google uses data when you use our partners’ sites or apps” (located at www.google.com/policies/privacy/partners/). For more information, please visit Google and pages that describe Google Analytics, such as www.google.com/analytics/learn/privacy.html. You can find out more about how Amplitude uses data when you visit our Website by visiting Amplitude’s Privacy Notice. 
• Third-Party Advertising Technologies. Certain third-party advertising technologies (such as Google AdWords and Facebook Pixel) may be used to deliver relevant content and advertising for Percy Health products and services to you through the use of cookies and other technologies. The content and ads may be based on factors such as the details of your visits to our Website and Digital Products and other information we collect from you. We may sometimes share certain user information with third-party service providers, who may match this information in de-identified form to proprietary IDs, to provide you with more relevant ads and services. The data from Facebook Pixel is also saved and processed by Facebook. Facebook can connect this data with your Facebook or Instagram account and use it for its own and others’ advertising purposes, in accordance with Facebook’s Data Policy which can be found at https://www.facebook.com/about/privacy/. Please click here if you would like to withdraw your consent for use of your data with Facebook Pixel https://www.facebook.com/settings/. You can opt out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: https://www.google.com/settings/ads. Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en.
• Customer Relationship Management Technologies. If you receive email from us, we and our service providers (such as Braze) may use certain tools to organize and send communications as well as capture information about the effectiveness of our marketing campaigns.

To use our Digital Products, we may be required to verify our identity. As part of our identity verification process, we may share certain identifying information with our third-party identity verification service such as your name, age, and phone number. If you are asked to share proof of identity (such as a government issued photo ID or selfie), this may be shared with our third-party partner in order to verify your identity.

Please note that if you choose to opt out of or change the management settings for any of the technologies listed above, then this may affect the functionality of certain areas of our Website or Digital Products during your usage.

Percy Health is not subject to HIPAA, yet we strive to comply with HIPAA’s Privacy Rule and Security Rule. As set forth above, Medical Providers (or your own medical provider if you do not use the provided Medical Provider) will provide you with a Notice of Privacy Practices describing its collection and use of your health information, not Percy Health. Percy Health will use Personal Data only for the purpose for which it was collected and we only collect the Personal Data we need to fully perform our services and to respond to you or your Provider. We may use Personal Data to contact you, to provide requested services, to provide information to your Providers, to obtain payment for our services, to respond to your inquiries and requests, and to respond to inquiries and requests from your Providers. We may combine Personal Data with other information about you that is available to us, including information from other sources, such as from your Providers, in order to maintain an accurate record of our participants. 

4. How We Use Your Information

We use your Personal Data for various purposes described below, including to:

- provide our Digital Products to you;
- provide products and services to you;
- provide you with information you request from us;
- enforce our rights arising from contracts;
- notify you about changes; and
- provide you with notices about your account."

We use information that we collect about you or that you provide to us, including any Personal Data:

• to provide our Website and its functionality, contents and services to you;
• to provide our App and its functionality, contents and services;
• to provide our products and services to you;
• to provide you with information, products, or services that you request from us or that may be of interest to you;
• to process, fulfill, support, and administer transactions (including processing credit and debit card transactions) and orders for products and services ordered by you;
• to provide you with notices about your Percy Health account;
• to contact you in response to a request;
• to administer surveys, sweepstakes, promotions, and contests; 
• to fulfill any other purpose for which you provide it;
• to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
• to notify you about changes to our Digital Products or any products or services we offer or provide though them;
• to provide internet-based targeted advertising to you;
• in any other way we may describe when you provide the information; and
• for any other purpose with your consent.

We may also use your information to contact you about goods and services that may be of interest to you, including through newsletters. If you wish to opt out of receiving such communications, you may do so at any time by clicking unsubscribe at the bottom of these communications or by visiting your Account Preferences page. For more information, see Choices About How We Use and Disclose Your Information.

5. Disclosure of Your Information

We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Policy. We disclose your Personal Data to a few third parties, including:  
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- our affiliates and third party service providers that we use to support our business;  
- to a company we merge, acquire, or that buys us, or in the event of change in structure of our company of any form;
- to comply with our legal obligations;
- to enforce our rights; and
- with your consent.

We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Policy. However, we may disclose aggregated information about our users, and information that does not identify any individual, without restriction. 

We may disclose Personal Data that we collect or you provide as described in this privacy policy:

• to affiliates, contractors, service providers, and other third parties we use to support our business. The services provided by these organizations include providing IT and infrastructure support services and ordering, marketing, and payment processing services;
• to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Percy Health about our Digital Products users are among the assets transferred;
• to fulfill the purpose for which you provide it;
• for any other purpose disclosed by us when you provide the information; and
• with your consent.

We may also disclose your Personal Data:

• to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
• to enforce or apply our Terms of Use and other agreements, including for billing and collection purposes; and
• if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Percy Health, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

6. Choices About How We Use and Disclose Your Information

We offer you choices on how you can opt out of our use of tracking technology, disclosure of your Personal Data for our advertising to you, and other targeted advertising.

We do not control the collection and use of your information collected by third parties described above in Disclosure of Your Information. These third parties may aggregate the information they collect with information from their other customers for their own purposes. 

In addition, we strive to provide you with choices regarding the Personal Data you provide to us. We have created mechanisms to provide you with control over your Personal Data: 

• Data Sharing. If you would like us to share certain health data with your family, close friends or others involved in your care, in a case of a disaster relief situation or within a hospital directory or another circumstance, you may request that. Please email us at the contact information below and we’ll work with you on a secure data disclosure to the parties involved.‍
• Tracking Technologies and Advertising. You can set your browser or operating system to refuse all or some cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our Digital Products may then be inaccessible or not function properly.‍
• Promotional Offers from Percy Health. If you do not wish to have your email address used by Percy Health to promote our own products and services, you can opt out at any time by clicking the unsubscribe link at the bottom of any email or other marketing communications you receive from us or logging onto your Account page. This opt-out does not apply to information provided to Percy Health as a result of a product purchase, or your use of our services. You may also visit our website and click on the “Contact Us” link in order to opt out from receiving promotional communications from Percy Health or by sending us an email at support@Percy Health.com.‍
• Text Messages from Percy Health. If you do not wish to receive informational text messages from Percy Health, you can opt out at any time by texting the word STOP in response to any text messages you receive or logging onto your Account page. We may confirm your opt-out by text message. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.‍
• Targeted Advertising. We never share medical records/information for marketing purposes. To learn more about interest-based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance and the Network Advertising Initiative websites (www.aboutads.info and www.networkadvertising.org). Please note that if you choose to opt out, you will continue to see ads, but they will not be based on your online activity. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can also opt out of receiving targeted ads from members of the NAI on its website.

7. Your Rights Regarding Your Information and Accessing and Correcting Your Information

You may review and change your personal information by logging into the Digital Product and visiting your Account page.

You can review and change your Personal Data by logging into our Digital Products and visiting the Account section of our Digital Products. You may also notify us through the Contact Information below of any changes or errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible or to delete your account. We cannot delete your personal information except by also deleting your account with us. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.

When it comes to your health data/records, you have rights on how you’d like to access, review and correct your information. We will work with you to ensure you can do all the action items below should you request them.

• Get an electronic or paper copy of your medical record
  • You can ask to see or get an electronic or paper copy of your medical record and other health information we have about you. Ask us how to do this.
  • We will provide a copy or a summary of your health information, usually within 30 days of your request. We may charge a reasonable, cost-based fee.‍
• Ask us to correct your medical record
  • You can ask us to correct health information about you that you think is incorrect or incomplete. Ask us how to do this.
  • We may say “no” to your request, but we’ll tell you why in writing within 60 days.‍
• Request confidential communications
  • You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address.
  • We will say “yes” to all reasonable requests.‍
• Ask us to limit what we use or share
  • You can ask us not to use or share certain health information for treatment, payment, or our operations.
  • We are not required to agree to your request, and we may say “no” if it would affect your care.
  • If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer.
  • We will say “yes” unless a law requires us to share that information.‍
• ‍Get a list of those with whom we’ve shared information
  • You can ask for a list (accounting) of the times we’ve shared your health information for six years prior to the date you ask, who we shared it with, and why.
  • We will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.‍
• ‍Get a copy of this privacy notice‍
  • You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.‍
• ‍Choose someone to act for you‍
  • If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.
  • We will make sure the person has this authority and can act for you before we take any action.‍
• ‍File a complaint if you feel your rights are violatedsome text
  • You can complain if you feel we have violated your rights by contacting us using the information on the back page.
  • You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/.
  • We will not retaliate against you for filing a complaint.

8. Do Not Track Signals

We currently do not honor do-not-track signals that may be sent by some browsers.

We also may use automated data collection technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. At this time, while you can disable cookies using your web browser, we do not honor or recognize when your browser sends “do not track” signals. We do not modify what information we collect or how we use that information based on whether such a signal is broadcast or received by us. 

9. Data Security

Information transmitted over the internet is not completely secure, but we do our best to protect your Personal Data. You can help protect your Personal Data and other information by keeping your password to our Digital Products confidential.

We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure. We use encryption technology for information sent and received by us. 

The safety and security of your information also depends on you. Where you have chosen a password for the use of our Digital Products, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. 

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to, on, or through our Digital Products. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website, in your operating system, or in the App.

10. California Privacy Rights for California Residents

Under some circumstances, California law may provide you with the right to obtain a list of third parties (if any) that we provide your Personal Data to for their own direct marketing purposes.

California Civil Code Section 1798.83 (California’s “Shine the Light” law) permits users of our Digital Products that are California residents and who provide Personal Information in obtaining products and services for personal, family, or household use to request certain information regarding our disclosure of Personal Information to third parties for their own direct marketing purposes. If applicable, this information would include the categories of Personal Information and the names and addresses of those businesses with which we shared your Personal Information with for the immediately prior calendar year (e.g. requests made in 2020 will receive information regarding such activities in 2019). You may request this information once per calendar year. To make such a request, please contact us by email at support@Percy Health.com.

11. Changes to Our Privacy Policy

We will post any changes to our Privacy Policy on our Website. If we make material changes to our Privacy Policy, we may notify you of such changes through your contact information and invite you to review (and accept, if necessary) the changes.

We may change this Privacy Policy at any time. The date this Privacy Policy was last revised is identified at the top of the page.  It is our policy to post any changes we make to our Privacy Policy on this page and update the “Last modified” date at the top of this page accordingly. If we make changes to how we treat our users’ Personal Data, we may notify you in different ways depending on the significance of the change, including by revising the date at the top of this page, e-mail, posting a statement on the top of our website, or providing you with an in-app notification. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically accessing the App or visiting our Website and reviewing this Privacy Policy to check for any changes. 

12. Contact Information

You may contact us through the contact information below.

If you have any questions, concerns, complaints, or suggestions regarding our Privacy Policy or otherwise need to contact us, you may contact us at the contact information below or through the “Contact Us” page on or in our Digital Products. 

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How to Contact Us:

Percy Health

support@PercyHealth.com

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