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1.Introduction.
1.1. Effective Date. The effective date of this Privacy Policy is May 1, 2019.
1.2. Purpose. Diet Doc (“Diet Doc” or ”Company”) is committed to respecting the privacy rights of users of the Diet Doc Website and any software, plug-ins or mobile applications made available by Diet Doc (together, the ”Service”). Diet Doc has published this ”Privacy Policy” to show its commitment to fair information practices and to the protection of privacy.
1.3. Scope. This Privacy Policy is only applicable to the Service, and not to any websites or services of third parties (“Third Party Websites”), which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy. For additional information, see Section 12 (Third Party Websites) and Section 4.5 (Third Party Cookies and Advertising).
1.4. Separate Terms of Service. By using the Service, you represent and warrant that you have also read and understood, and agree to be bound by, both this Privacy and Diet Doc’s separate Terms of Service document (the ”Terms of Service”), which is incorporated by reference and made part of this Privacy Policy. The Terms of Service document is available at https://www.dietdoc.com/terms-conditions/.
1.5. HIPAA Authorization. This Privacy Policy governs your use of the Website. Should you choose to apply for and/or enlist the telehealth services of Diet Doc, you will be required to complete Patient Forms that include a so-called “HIPAA Authorization” regarding the use and/or disclosure of your medical information. The terms of the HIPAA Authorization are provided on your Patient Forms and in Section 16 below.
1.6. No Permission Without Agreement. By using the Service, you represent and warrant that you have read and understood, and agree to the terms of, this Privacy Policy. If you do not understand or do not agree to be bound by this Privacy Policy, you must immediately cease using or accessing the Service.
2.Updates and Changes to Privacy Policy.
2.1. Each time you access the Service, the then-current version of this Privacy Policy will apply. Each time you use the Service, we recommend that you check the date of this Privacy Policy in Section 1.1 (Effective Date) and review any changes since the last time you used the Service.
2.2. Although most changes are likely to be minor, Diet Doc reserves the right, at any time and without notice, to add to, update, change, or modify this Privacy Policy, simply by posting a new version on this page. Any such addition, update, or change will be effective immediately on posting. Unless Diet Doc obtains your express consent, any revised Privacy Policy will apply only to information collected after the effective date of the revised Privacy Policy, and not to information collected under any earlier Privacy Policy.
3.Children’s Privacy. Diet Doc does not solicit or knowingly collect Personal Information from children under the age of 13. If Diet Doc obtains actual knowledge that it has collected Personal Information from a child under the age of 13, Diet Doc will immediately delete such information from its database. Because Diet Doc does not collect Personal Information from children under the age of 13, Diet Doc has no such information to use or disclose to third parties. Diet Doc has designed this Privacy Policy to comply with the Children’s Online Privacy Protection Act (“COPPA”).
4.Information Collection Practices.
4.1. Traffic Data. Like most website and mobile application operators, Diet Doc automatically gathers information that web browsers automatically make available, including:
(i) IP addresses;
(ii) Internet domain names;
(iii) types of devices accessing the Service; and
(iv) types of Web browsers accessing the Service (collectively ”Traffic Data”). Traffic Data is anonymous information that is not meant to personally identify you.
4.2. Cookie Policy. ”Cookies” are text files that are placed on your computer by websites that you visit or certain emails that you open. Cookies store a string of information on a user’s computer or mobile device, which the user’s web browser provides to the Service automatically each time it interacts with the Service. The purpose of Cookies is to identify the user as a unique user of the Service. Diet Doc uses two types of Cookies: ”first-party cookies” and ”third-party cookies.”
4.3. First Party Cookies. Diet Doc uses first-party Cookies on the Service, for example the Google Analytics Cookie, for the following purposes: (1) to gather visitor and access information relevant to customizing the Service to your interests; and (2) to store your password so you do not have to re-enter it each time you use the Service.
4.4. If you do not wish to have first-party Cookies placed on your computer or mobile device, you should set your web browser to refuse Cookies before accessing the Service. However, certain features of the Service may not function properly without the aid of Cookies. If you refuse Cookies, you assume all responsibility for any resulting loss of functionality.
4.5. Third Party Cookies and Advertising.
4.5.1. Advertising on Third Party Websites. Diet Doc may advertise on other Third Party Websites to you after you access the Service. We and third-party marketing partners, including without limitation Google, Inc. (“Google”), may use first party Cookies (such as the Google Analytics cookie), third party Cookies (such as the DoubleClick cookie), and web beacons (such as the Facebook conversion tracking pixel, see https://www.facebook.com/business/a/online-sales/conversion-tracking), including across multiple devices, to inform, optimize, and serve advertisements to you based on your use of the Service. This practice is commonly known as retargeting or remarketing (see https://en.wikipedia.org/wiki/Behavioral_retargeting).
4.5.2. Google Analytics. Google Analytics is Google’s analytical tool that helps website and app owners to understand how their visitors engage with their properties. It may use a set of cookies to collect information and report website usage statistics without personally identifying individual visitors to Google. The main cookie used by Google Analytics is the ”__ga” cookie.
4.5.3. Data Collection by Third Parties. Any of these third parties may place Cookies on your computer or mobile device, use web beacons (see https://en.wikipedia.org/wiki/Web_beacon), and gather IP addresses and log data to collect traffic and activity data to deliver relevant metrics and content.
4.5.4. Opting Out of Third Party Cookies.
4.5.4.1. You may customize your Google Cookies preferences or opt out of using Google Cookies on the Google Ads Settings page at http://www.google.com/settings/ads.
4.5.4.2. You may learn about Facebook Cookies and how to customize your preferences at https://www.facebook.com/about/ads.
4.5.4.3. You may opt out of using other third parties’ Cookies by visiting the Network Advertising Initiative opt-out page at http://www.networkadvertising.org/managing/opt_out.asp. You can also learn more about how to delete or control Cookies at http://www.aboutcookies.org/.
4.6. Personally Identifiable Information. To use certain features of the Service, you may be asked to provide Diet Doc certain personally identifiable information (“Personal Information”). Personal Information includes the following categories, without limitation:
(1) ”Contact Data” (such as your name, phone number, fax number, mailing address and email address);
(2) ”Financial Data” (such as your credit/debit card number and expiration date);
(3) ”Demographic Data” (such as your gender and ZIP code); and
(4) ”Third Party Social Media Account Data” (such as your account information for third party social media accounts when you access the Service in connection to those accounts). In each case, you will be asked to provide Personal Information; the Service will not gather it secretly. Diet Doc may supplement the Personal Information you provide with additional Personal Information gathered from public sources or from third parties (e.g., consumer reporting agencies) who may lawfully provide that information to Diet Doc. You are under no obligation to provide Personal Information, with the caveat that your refusal to do so may prevent you from using certain features of the Service.
4.7. Specific Information Collected. Diet Doc collects the following specific items of Personal Information:
4.7.1. your first and last name
4.7.2. your address
4.7.3. your email address
4.7.4. your telephone number
4.8. Health Information. Should you choose to apply for and/or enlist the telehealth services of Diet Doc, you will be required to complete Patient Forms that include a HIPAA Authorization, wherein you will be asked to provide certain information regarding your health and medical history (“Health Information”). The terms of the HIPAA Authorization are provided on your Patient Forms and in Section 16 below.
4.10. Information You Make Public. The Service may contain features (e.g., instant messages, electronic messaging, forums, etc.) that allow you to upload, post, transmit, display, perform, or distribute content, or other information, including your Personal Information and/or health information. Any information that you choose to disclose through such features becomes public information over which Diet Doc is unable to exercise control. You should exercise caution when deciding to disclose your Personal Information through such features, and you agree to assume all responsibility for doing so.
5.Information Use.
5.1. Traffic Data and Information Gathered Using Cookies. Diet Doc analyzes Traffic Data and information gathered using Cookies to help Diet Doc better understand who is using the Service and how they are using it. By identifying patterns and trends in usage, Diet Doc is able to better design the Service to improve your experience, and to serve you more relevant and interesting content. From time to time, Diet Doc may release Traffic Data and information gathered using Cookies in the aggregate, such as by publishing a report on trends in the usage of the Service. Diet Doc does not attempt to link information gathered using Cookies to Personal Information.
5.2. Personal Information. Diet Doc uses your Contact Data to send you information about Diet Doc and Diet Doc’s products and services, and to contact you when necessary in connection with the Service. Diet Doc uses your Financial Data to verify your qualifications for certain features of the Service and, when necessary, to bill you. Diet Doc uses your Demographic Data to customize and tailor your experience on the Service. Diet Doc uses your Third Party Social Media Account Data in accordance with this Privacy Policy and the privacy policies of third party social media companies, such as Facebook and Twitter. As with Traffic Data and information gathered using Cookies, from time to time Diet Doc may release Demographic Data in the aggregate, such as by publishing a report on trends in the usage of the Service.
5.3. Health Information. Should you choose to apply for and/or enlist the telehealth services of Diet Doc, Diet Doc will use your Health Information to carry out treatment, obtain payment from third-party payors (such as your insurance company), and carry out the day-to-day operations of its practice.
6.Disclosure Practices. Except under the following categories of circumstances, Diet Doc will keep your Personal Information private, and will not share it withthird parties.
6.1. De-Identified Sharing. Diet Doc may share or sell Personal Information that has been de-identified such that you cannot be tied back to it. Diet Doc hopes that this kind of aggregate data will be useful for health research. Diet Doc will take reasonable measures to ensure that its de-identification process is effective, but does not guarantee that you will never be personally identified with your data.
6.2. Diet Doc does not share, rent or sell personally identifiable information to any third party.
6.3. Disclosure in Connection with Service. Diet Doc discloses Personal Information to those who help it provide services, including without limitation those who perform technical, administrative, and data processing tasks such as hosting, billing, fulfillment, data storage, and security.
6.4. Social Media. At your direction, Diet Doc discloses your information and your use of the Service on social media platforms. Diet Doc sends your information through the APIs of social media platforms you authorize, in compliance with all applicable laws and the applicable platforms’ privacy policies in place when your information is sent.
6.5. User Content.
6.5.1. User Content Defined. ”User Content” is any content, material, or information, not including Personal Information, that you submit, upload, and/or post to, or transmit, display, perform, or distribute through the Service, whether in connection with your use of the Service or otherwise. This includes, without limitation, personal photos and videos.
6.5.2. License to User Content. As stated in the Terms of Service, by using the Service, you grant Diet Doc and its stockholders, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the ”Company Parties”) the right to publish your name and any username of yours in connection with the Company Parties’ exercise of their license in and to your User Content. You further waive any claims arising from the Company Parties’ exercise of that right. For additional information, see the section of the Terms of Service titled ”User Content”.
6.6. By Law or to Protect Rights. Diet Doc discloses Personal Information when required to do so by law, in response to a subpoena or court order, or when Diet Doc believes in its sole discretion that disclosure is reasonably necessary to protect the property or rights of Diet Doc, third parties, or the public.
6.7. Business Transfers; Bankruptcy. Diet Doc reserves the right to transfer all Personal Information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of Diet Doc’s assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and an opportunity to affirmatively opt out of it. Personal Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by Diet Doc’s successor organization.
6.8. Unpaid Accounts. If you fail to pay any balance owed in consideration of services, Diet Doc may, as permitted by law, report your Personal Information, including without limitation your unpaid balance, to consumer credit reporting services, collection agencies, and others.
7.Consent to Receive Electronic Communications From Company. Without limitation, by registering for the Service and/or by providing your name, email, postal or residential address, and/or phone number through the Service, you expressly consent to receive electronic and other communications from Diet Doc, over the short term and periodically, including email and short-message service (“SMS” or ”text message”) communications, regarding the Service, new product offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by (a) following the unsubscribe instructions contained in each communication; or (b) sending an email to unsubscribe@dietdoc.com.
8.Consent to Receive Electronic Communications from Other Users. Without limitation, by registering for the Service and/or by providing your name, email, postal or residential address, and/or phone number through the Service, you consent to receive electronic communications, including email, instant messages, video conferencing, and other personal messages from other users of the Service.
9.Security of Personal Information. Diet Doc takes security seriously. We use commercially reasonable safeguards to protect against the unauthorized access, use, modification, destruction, or disclosure of your Personal Information. However, due to the realities of data security, Diet Doc is unable to guarantee that any information provided to us will not be accessed, hacked, disclosed, altered, or destroyed by unauthorized parties.
10.Lost or Stolen Information. You must promptly notify us if your credit, bank, other financial institution information, username, or password is lost, stolen, or used without permission. In such an event, we will remove that credit card number, bank account information, other financial institution information, username, or password from your account and update our records accordingly.
11.User Ability to Access, Update, and Correct Personal Information. Diet Doc wants your Personal Information to be complete and accurate. As stated in the Terms of Service, by using the Service, you represent and warrant that all information you provide in connection with your use of the Service is current, complete, and accurate, and that you will update that information as needed to maintain its completeness and accuracy. To confirm the completeness and accuracy of, or make changes to, your Personal Information, visit your personal profile. Through your personal profile, you may review and update your Personal Information that we have already collected.
12.Third Party Websites. Diet Doc neither owns nor controls Third Party Websites. Accordingly, Third Party Websites are under no obligation to comply with this Privacy Policy except with respect to Personal Information provided directly to them by Diet Doc. Before visiting or providing Personal Information to Third Party Websites, you should inform yourself of the privacy policies and practices (if any) of those Third Party Websites, and should take those steps necessary to, in your discretion, protect your privacy.
13.Promotional Activities. From time to time, Diet Doc may conduct contests, giveaways, and other promotions (collectively, ”Promotional Activities”). Any information submitted in connection with Promotional Activities will be treated in accordance with this Privacy Policy. From time to time, Diet Doc may also ask you to participate in surveys designed to help Diet Doc improve the Service. Any Personal Information provided to Diet Doc in connection with any survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Privacy Policy only in aggregated form.
14.Business Transitions. In the event Diet Doc goes through a business transition, including without limitation any merger, acquisition, partnership, business reorganization, debt finance, or sale of company assets, or in the event of an insolvency, bankruptcy, or receivership (together a ”Business Transition”), Diet Doc may use information collected in accordance with this Privacy Policy and subject to its restrictions, as part of any such Business Transition. In such instances, your information can be part of the assets transferred.
15.Do-Not-Track Disclosure. Diet Doc does not respond to ”Do Not Track” signals sent by browsers.
16.HIPAA Consent Form & Disclosure Authorization. You understand and agree that the following terms and authorization apply to any Health Information submitted or transferred by you to Diet Doc as part of any Patient Form, communication, or if you otherwise choose to apply for and/or enlist the telehealth services of Diet Doc.
16.1.You understand that you have certain rights to privacy regarding your protected Health Information. These rights are given to you under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).
16.2.You understand that, by agreeing to this Privacy Policy and/or submitting a Patient Form, you authorize Diet Doc to use and disclose your protected Health Information to carry out:
16.2.1. Treatment, including direct, indirect, or telehealth diagnosis and treatment by other healthcare providers involved in your treatment;
16.2.2. Obtaining Payment from third party payors (including your insurance company); and
16.2.3 The day-today Healthcare Operations of Diet Doc’s practice.
16.3.You understand and acknowledge that your authorization herein may cover disclosure and use of, among other things, Health Information related to mental healthcare, communicable diseases (including HIV or AIDS), and the treatment of alcohol or drug abuse.
16.4.You acknowledge that you have been informed of and given the right to review and secure a copy of this Privacy Policy and Diet Doc’s Statement of Privacy Practices, which contains a full description of the uses and disclosures of your protected Health Information and your rights under HIPAA.
16.5.You understand and agree that Diet Doc reserves the right to change the terms of this Privacy Policy and its Statement of Privacy Practices from time to time and you may visit this webpage or contact Diet Doc at any time to obtain the most current copy of this Privacy Policy and its Statement of Privacy Practices.
16.6.You understand that you have the right to request restrictions on how your protected Health Information is used and disclosed to carry out Treatment, Obtaining Payment, and Healthcare Operations, but that Diet Doc is not required to agree to these requested restrictions. However, if Diet Doc does agree, then it is bound to comply with the requested restrictions.
16.7.You understand that you may revoke this HIPAA Authorization in writing, at any time; however, any disclosure or use that occurred prior to the date of said revocation is not affected thereby.
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