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Privacy Policy

THIS POLICY CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU ARE GIVING UP THE RIGHT TO SUE ZIVIAN HEALTH, INC. IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

 

Zivian Health, Inc. (“Zivian,” “we,” “our,” or “us”) operates a platform designed for use by healthcare organizations and providers. Zivian is not a healthcare provider and does not provide medical, clinical, or telehealth services through its platform. This Privacy Policy governs the personal information Zivian collects in connection with the operation of its platform, including information provided by healthcare organization clients and clinician providers. Zivian does not knowingly collect protected health information (“PHI”) as defined under the Health Insurance Portability and Accountability Act (“HIPAA”) from individual patients in connection with the use of the Site or Service. If you are a healthcare organization client that is subject to HIPAA and you believe you may be providing PHI to Zivian in connection with your use of the Service, please contact us at privacy@zivianhealth.com.

 

Zivian is committed to protecting the privacy and security of personal information entrusted to us. This Privacy Policy explains how we collect, use, disclose, and safeguard information when you access or use our websites, platforms, products, and services.

 

This Privacy Policy describes the type of information we may collect from you or that you may provide when you visit our website at zivianhealth.com, or any subdomain of zivianhealth.com, including any content or functionality offered on or through the foregoing (the “Site”), or when you access or use the services we make available on the Site (collectively, the “Service”), whether as a guest, a registered user, or a client of a registered user. This Privacy Policy also describes how we may use and share that information as well as your rights and choices about such collection, use and sharing.

 

This Privacy Policy applies to information we collect on the Site, in email, text, or other electronic messages between you and the Site, and through your access to or use of the Service through the Site. It does not apply to information collected by us offline or through any other means, including on any other website operated by us or any third party, nor to information collected by any other third party, including through any application or content (including advertising) that may link to or be accessible from or on the Site or Service.

 

Please read this Privacy 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 the Site and Service. By accessing or using the Site or Service, you agree to this Privacy Policy.

 

This Privacy Policy may change from time to time. Your continued use of the Site or Service after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates. If you have any questions about our privacy practices, please contact us as set forth in the Contact Us section below.

Information We Collect and How We Collect It

 

When you access the Site or Service, we collect certain information about you. We collect information about you from different sources and in various ways when you use our services, including information you provide directly, information collected automatically, information from third-party data sources, and data we infer or generate from other data. This may include:

 

Information You Provide to Us

 

We collect certain information you provide directly to us through our Site or Service. We may collect the information included in the table below as well as information you provide to us through forms, registrations, customer support requests, job applications, surveys, communications, or when reporting issues with the Site or Service, including records of correspondence with us.

 

Account Information: When you register for an account on our Services, you will need to provide us with certain Personal Information to complete the registration, including information that can be used to contact or identify you, which may include your name, email address, username, password, and phone number.

 

If you use the Services as a client user (“Client”): We may collect information about your mode of virtual care delivery, the types of Providers you are seeking, current telehealth capabilities, quantity of patient visits per month, and any other information you choose to provide.

 

If you use the Services as a Provider: We may collect information about your practice, including, but not limited to, your name, address, email address, phone number, areas of expertise, years of experience, NPI number, referral information, license information, malpractice details, resume information, communications you have with other users through the Services, and any other information you choose to provide.

 

Professional, Employment, and Application Information: We may collect information relating to your professional background, employment, education, onboarding, payment, and credentials, including, but not limited to, your school, degree, graduation year, field of study, employment history, current company, current job title, job title or job code, hire date, employment status, employee identification number, offer letter, resume, cover letter, compensation information, direct deposit information, Social Security number, race, ethnicity, Hispanic/Latino status, LinkedIn profile, and any other information you choose to provide.

 

Information Collected Automatically

 

As you navigate through and interact with the Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

 

  • Usage details, IP addresses, and information collected through cookies and other tracking technologies.
  • Details of your visits to the Site, including traffic data, location data, logs, pages viewed, referring URLs, clicks, session duration, other interaction and communication data, and the resources that you access and use on the Site
  • Information about the type of device or browser you use, your device’s operating software, your internet service provider, your device’s regional and language settings, your browser version, and other similar information.

While some information we collect automatically may only be statistical data and may not include personal information, we may maintain it or associate it with personal information we collect in other ways or receive from third parties as it helps us to improve the Site and to deliver a better and more personalized Service, including by enabling us to:

 

  • Estimate our audience size and usage patterns.
  • Identify bugs and fix errors.
  • Store information about your preferences, allowing us to customize the Site and Service according to your individual interests.
  • Recognize you when you return to our Site.

The technologies we use for this automatic data collection may include cookies, web beacons, tracking pixels and other tracking technologies.

 

Information Collected by Cookies and Other Tracking Technologies 

 

We and our service providers, including Google Analytics, may use various technologies to collect information, including cookies, pixels, tags, and web beacons. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular, and count visits. Pixels are tiny electronic images or tracking tools placed on our Services, emails, or ads that help us understand user activity, such as whether someone viewed a page, opened an email, or clicked a link. Tags are small pieces of website code placed on our Services that help us collect information about how users interact with our Services, support analytics and advertising, and manage tools like cookies and pixels. Web beacons are electronic images that may be used on our Services or emails to help deliver cookies, count visits, and understand usage and campaign effectiveness.

 

We may also use similar technologies in mobile applications or emails, where permitted by law.

 

We have implemented Google Analytics Advertising Features, including remarketing with Google Analytics, Google Display Network Impression Reporting, Google Analytics Demographics and Interest Reporting, and integrated services that require Google Analytics to collect data for advertising purposes, including through advertising cookies and identifiers. 

 

For more information about cookies, and how to disable them, please see “Your Rights and Choices” below.

 

Use of Your Information

 

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

 

  • To present the Site and Service and its contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To operate, maintain and improve the Site and its contents.
  • 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 Site or Service.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

We may also use your information to contact you about our goods and services that may be of interest to you. If you do not want us to use your information in this way, please let us know at privacy@zivianhealth.com

 

We may use information that does not identify you (including information that has been de-identified) without obligation to you except as prohibited by applicable law.

 

For information on your rights and choices regarding how we use your information, see Your Rights and Choices below.

 

Sharing of Your Information

 

We share information about you as follows:

 

Services Providers: We may share your information with our agents, vendors and other service providers (collectively “Services Providers”) in connection with their work on our behalf. Services Providers assist us with services such as payment processing, data analytics, marketing and promotional services, website hosting, and technical support. Services Providers are prohibited from using your information for any purpose other than to provide this assistance, although we may permit them to use aggregate information which does not identify you or de-identified data for other purposes.

 

Affiliates: We may share your information with our related entities, including our parent, sister, and subsidiary companies. For example, we may share your information with our affiliates for customer support, marketing and technical operations.

 

Third Parties: We may share your information with third parties for purposes of facilitating your requests and in connection with measuring and improving the Site or Service and enabling other enhancements.

 

Merger or Acquisition: We may share your information in connection with, or during negotiations of, any proposed or actual merger, purchase, sale or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another business.

 

Security and Compelled Disclosure: We may share your information to comply with the law or other legal process, and where required, in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also share your information to protect the rights, property, life, health, security and safety of Zivian, the Site or Service, or any third party.

 

Consent: We may share your information for any other purpose disclosed to you and with your consent.

 

Without limiting the foregoing, in our sole discretion, we may share aggregated information which does not identify you or de-identified information about you with third parties or affiliates for any purpose except as prohibited by applicable law. For information on your rights and choices regarding how we share your information, please see Your Rights and Choices below. 

 

Your Rights and Choices

 

Review and Update of Account Information

 

You may access, update, or remove certain information that you have voluntarily submitted to us through the Site or Service by sending an email to us at privacy@zivianhealth.com. We may require additional information from you to allow us to confirm your identity. Please note that we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Additional information about privacy rights is set forth below.

 

Tracking Technology Choices

 

Cookies and Pixels. Most browsers accept cookies by default. You can instruct your browser, by changing its settings, to decline or delete cookies. If you use multiple browsers on your device, you will need to instruct each browser separately. Your ability to limit cookies is subject to your browser settings and limitations. 

 

Please be aware that if you disable or remove tracking technologies, some parts of the Site or Service may not function correctly.

 

Third-party services may set their own cookies and tracking technologies. Their use of such tracking technologies is governed by their own privacy policies. If you’d like to opt out of Google Analytics Advertising Features, visit the Google Analytics opt-out page.  

 

Do Not Track 

 

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, our Services do not respond to “Do Not Track” signals and consequently, the Services will continue to collect information about you even if your browser’s “Do Not Track” feature is activated.

 

Data Retention

 

We retain personal information for as long as necessary to fulfill the purposes for which it was collected, including to provide our Site and Service, comply with our legal obligations, resolve disputes, and enforce our agreements. The criteria used to determine the applicable retention period include: (i) the length of time we have an ongoing relationship with you; (ii) whether there is a legal obligation to which we are subject that requires retention of your information; and (iii) whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations). When personal information is no longer required, we will delete or de-identify it in accordance with our data retention policies. If you have questions about our data retention practices, please contact us at privacy@zivianhealth.com.

 

Communications

 

You can opt-out of receiving promotional emails from us at any time by following the instructions as provided in emails to click on the unsubscribe link, or emailing us at info@zivianhealth.com with the word UNSUBSCRIBE in the subject field of the email. Please note that you cannot opt-out of certain non-promotional emails, such as those about your account, transactions, servicing, or Zivian’s ongoing business relations with you.

 

‍Your Privacy Rights

 

If you have visited our Site or used our Service, we may send you communications based on your consent or other legitimate interests. You may of course opt out of non-essential communications, but may continue to receive essential communications, such as communications related to the security or integrity of the Site or Services.

 

We will never share your information with a third party for third party’s marketing purposes, unless you have specifically consented to us doing so.

 

You may contact us at privacy@zivianhealth.com to exercise any of the rights outlined below. We may request specific information from you to confirm your identity, and in some circumstances, we may charge a reasonable fee for access to your information (if appropriate and permissible).

 

Right to access/know your information. 

 

You may request from us a list of (i) the personal information that we have collected about you, and (ii) the categories of third parties to whom we have disclosed your personal information. You have the right to up to two (2) access requests each twelve (12) months.

 

Right to delete your information. 

 

You may request, at any time, that we delete your information and direct our service providers to delete your information from their records. We will honor such requests unless we are required by federal or state law to preserve the information.

 

Right to correct your information.

 

You have the right to request that Zivian correct personal information that is inaccurate.

 

Right to Limit Use of Sensitive Personal Information

 

To the extent that Zivian collects Sensitive Personal Information as defined under the California Privacy Rights Act (“CPRA”), you have the right to direct Zivian to limit its use and disclosure of your Sensitive Personal Information to that which is necessary to perform the services or provide the goods you have requested, or as otherwise permitted under applicable law. To exercise this right, please contact us at privacy@zivianhealth.com.

 

Right to Non-Discrimination

 

You have the right not to be discriminated against for exercising any of your privacy rights under applicable law. We will not deny you goods or services, charge you different prices or rates for goods or services, provide you a different level or quality of goods or services, or suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services because you exercised a privacy right.

 

You may contact us to exercise these rights at privacy@zivianhealth.com. To ensure the privacy and protection of individuals, we are required to verify your identity (or that of your authorized agent) or otherwise authenticate your request(s), which we will do in accordance with the applicable privacy regulations. Please note that, under the CCPA, as amended by CPRA, in particular, we are not required to grant a request to access/know or a request to delete with respect to personal information obtained from you in your role as an employee, owner, director, officer or contractor of a company and within the context of Zivian providing its services to such company.

 

Additional State Privacy Disclosures

 

Certain state privacy laws, including the California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”), require businesses to disclose certain information about their data practices during the preceding 12 months, including: (i) the categories of personal information collected, (ii) the sources from which personal information is collected, (iii) the purposes for which personal information is used, (iv) the categories of personal information disclosed for business purposes, and (v) the categories of personal information sold or shared, if any.

 

While the specific rights available to you may vary depending on your state of residence, we honor requests from any users that wish to exercise the rights enumerated in this Privacy Policy, regardless of the state in which they reside.  If you are a resident of a state with an enacted privacy law, you may have rights in addition to those listed above, including the right to appeal our decision regarding your privacy request. To submit an appeal, please contact us at privacy@zivianhealth.com.

 

Do Not Sell or Share My Personal Information

 

Zivian does not sell or share personal information for monetary consideration or for the commercial benefit of third parties.

 

Users of Our Services Outside the United States

 

Zivian is a U.S.-based company. The Services are intended for use in the United States of America only. If you access our Services or contact us from outside of the United States of America, please be advised that (i) any information you provide to us or that we automatically collect will be transferred to the United States of America; and (ii) that by accessing our Services or submitting information, you explicitly authorize its transfer to and subsequent processing in the United States of America in accordance with this Privacy Policy.

 

Children’s Privacy

 

Our Site and Service is not intended for children under 18 years of age. No one under age 18 may provide any information to or on the Site or Service. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Site. If we learn we have collected or received personal information from a child under 18, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at privacy@zivianhealth.com.

 

‍Data Security

 

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

 

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to us. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site or Service.

 

Changes to this Privacy Policy

 

We reserve the right to revise this Privacy Policy at any time. Any changes will be effective immediately upon posting of the revised Privacy Policy and updating the “last modified” date above. Your continued use of the Site or Service indicates your consent to the Privacy Policy then posted. If the changes are material, we will provide you additional notice to your email address. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Site or Service and this Privacy Policy to check for any changes.

 

Dispute Resolution

 

Arbitration

 

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND ZIVIAN TO RESOLVE ALL DISPUTES BETWEEN THE PARTIES THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ZIVIAN.

 

In the event any dispute should arise between Zivian and any other party with respect to the performance of either of them hereunder the parties agree that it shall be resolved by binding arbitration conducted in Delaware, by a single arbitrator selected in accordance with the commercial arbitration rules of the American Arbitration Association, the arbitration to be conducted in accordance with the Rules of the American Arbitration Association. The decision of the arbitrator shall be final and no appeal may be taken there from, and judgment on such decision may be entered in Delaware. Notwithstanding the foregoing, the arbitrator may award reasonable attorneys’ fees to the party determined by the arbitrator to have prevailed in that proceeding. This Agreement shall be construed and interpreted pursuant to the laws of the State of Delaware.

 

‍Class Action

 

Further, to the fullest extent permitted by law, you and Zivian agree that no class or collective actions can be asserted in arbitration or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in an individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding.

 

Jury Trial

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PARTIES WAIVE THE RIGHT TO A JURY TRIAL. You and Zivian are instead electing that all Disputes shall be resolved by arbitration under the Arbitration Agreement above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. Discovery may be limited in arbitration, and procedures are more streamlined than in court.

 

Contact Us

 

If you have any questions or comments about this Privacy Policy or our privacy practices, please contact us as follows:

 

Zivian Health, Inc.

 

2220 Superior Viaduct, Suite 14

Cleveland, OH 44113

 

privacy@zivianhealth.com