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2. Terms and Conditions, Consent for Data Tracking

THE “TERMS AND CONDITIONS” AND THE “PRIVACY POLICY” (COLLECTIVELY, THE “AGREEMENT”) GOVERN YOUR USE OF THE HEALTHASSIST DEVICE(S), APPLICATION(S), WEBSITE(S) AND/OR SERVICE (COLLECTIVELY, “HEALTHASSIST” OR “SERVICE”). THE AGREEMENT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THE AGREEMENT CONTAINS AN ARBITRATION PROVISION REQUIRING ALL DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATIONS OR SMALL CLAIMS COURT PROCEEDINGS (UNLESS YOU OPT-OUT OF ARBITRATION PROMPTLY AS SET FORTH BELOW). WHEN YOU USE THE SERVICE – INCLUDING BY SUBMITTING A REGISTRATION – YOU AGREE TO BE BOUND BY THE TERMS OF THE AGREEMENT. HealthAssist is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read through HealthAssist. If you think you may have a medical emergency, call your doctor or 911 immediately. WCT does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned within HealthAssist. Reliance on any information accessed through HealthAssist is solely at your own risk. Please read the attached Privacy Statement for HealthAssist by clicking on "Privacy".

                  Terms and Conditions
The Company provides the HealthAssist product and Service to allow users to manage medical conditions and, potentially, enable wearers of the HealthAssist product to contact 911 and their designated contacts in the case of an emergency. “Users” fall into one of two categories: (a) individuals that are the recipients of and should wear the HealthAssist watch (“Care Recipients”); and (b) one or more caregivers designated by either the Care Recipient or the individual that purchased the Service for the Care Recipient (“Caregivers”). You are a User in one or both of these categories.
"When setting up your account you may share information relating to yourself and other Users including names, emails, addresses, mobile numbers. You may also share information regarding the Care Recipient such as medical conditions, medication information, refill information, date of birth and address. We are collecting this data for purposes of communicating with the applicable Users and to provide Service.
PLEASE NOTE: Whenever you submit person information about Users other than yourself, you are representing and warranting that you have all consents necessary to provide such information for the Company to use this information pursuant to this Privacy Policy. You agree to notify any such Users about this Privacy Policy.
Sections of the below is shown here under Terms and Conditions and under the Privacy Policy Section:
From time-to-time, the Service may include functionality which supports sharing of information with or collection of information from the Care Recipient’s participating health care providers (each, a “Provider” and collectively, the “Providers”). In such instances, the Service will only collect information from or send information to Providers whom you expressly authorize to use the Service with respect to the Care Recipient’s information. By authorizing a Provider, you also authorize HealthAssist to collect information regarding the Care Recipient from the Provider’s support staff and from other practitioners affiliated with the Provider or in the Provider’s practice. Further, HealthAssist may collect information from other third party information providers that you expressly authorize.
Information we collect through use of the Service and Devices connected to the Service
As you or other Users use the Service, certain information may be passively collected (i.e., gathered without Users actively providing information) using various technologies and means, such as physical activity, sedentary time and heart rate. The Service may also connect to HealthAssist-compatible devices the User selects in order to collect information such as weight, glucose readings and blood pressure readings.
Our systems may automatically gather information including the operational information about the technology used, such as browser, type of computer, operating systems, the Users’ geolocations, and internet service providers. Like most web sites and mobile services, we and our service providers (including advertising providers) may track IP addresses during your visit and may also use session, persistent and flash cookies, web beacons, pixel tags and other successor technologies. We may request access or permission to and track location-based information from your computer or mobile device, either continuously or while you are using the Website, to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.
Your web browser may include settings which allow you to manage or block cookies and other related technologies. We and our service providers may also use this information for operations purposes, including
improving products and services, optimizing our website and displaying relevant advertising. Most browsers are set to accept cookies by default. You can remove or reject cookies, but be aware that such action could affect the availability and functionality of the Service. You may not decline web beacons. However, they can be rendered ineffective by declining all cookies or by modifying your web browser’s settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis.
How we use personal information
We use personal information collected through the Service, including the Care Recipient’s health information and Caregiver’s contact information, to provide the Service, and as described in this privacy statement.
We may access and/or disclose your personal information if we believe such action is necessary to:
a. Comply with the law or legal process served on us;
b. Protect and defend the rights or property of the Company (including the enforcement of our agreements); and
c. Act in urgent circumstances to protect the personal safety and welfare of users of the Company’s services or members of the public;
We may also share your personal information with:
a. Our third party service providers (for a complete list see the section below)
b. Our affiliates; and
c. The sale or transfer of ownership in the event another entity acquires us or any of our assets, the information we collect about Users may be transferred to such entity
The following link contains a full listing of the third parties with whom we currently share personal information or personally identifiable information (as those terms are defined by applicable statute) as well as the purposes for which we share it and whether we profit from the sharing:Privacy Links
How we use aggregate information and statistics
We and our service providers may create aggregated and/or de-identified databases which we otherwise use or share, but such databases will not include your personally identifiable contact information. We may use aggregated and de-identified information from the Service to
· Support healthcare data analytics, recognizing the correlation between patient best outcomes and the correlation of the independent variables towards best outcomes;
· Attempt to identify opportunities to improve healthcare outcomes; and
· Attempt to identify opportunities of healthcare cost savings.
The Service incorporates FDA approved measurements from HealthAssist but other FDA approved medical measurement devices might be prescribed by the Primary Care Physician for Remote Patient Monitoring.
No part of HealthAssist is to be considered a substitute for professional medical advice, diagnosis or treatment. None of the information we provide through HealthAssist is intended to be medical advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read through the Service. If you think you or the User may have a medical emergency, call your doctor or 911 immediately. The Company does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Service. Reliance on any information accessed through the Service is solely at your own risk.
HealthAssist will not identify or alert you to any potential drug-drug interaction. For medical inquires and advice, including those related to dosing or drug-drug interactions, please consult your or the User’s physician.
The use of the Samsung watch and the HealthAssist software is part of a HealthAssist subscription plan and subscribers are required for payment in full of the selected plan. Should the subscriber been unable to continue on the subscription plan, the watch must be returned to WellCare Today, 125 Half Mile Road, Ste 200, Red Bank, NJ 07701 in which case, WellCare may accept subscription payment in full with the additional charge of two-month’s subscription payment from the receipt date of the watch, providing the watch is in excellent condition.
Service as a Secondary Reminder Tool
While the Service may allow Caregivers or Care Recipients to insert information and set reminders to take medicines or participate in other medical treatments, all of these reminders and information are set by the Users. Accordingly, you acknowledge that HealthAssist and the utility of any of its alerts or notifications, depends on information that Users enter. Users are solely responsible for ensuring that the correct medication is taken at the proper times and in the proper dosages and that the proper Caregivers are contacted. THE COMPANY HEREBY DISCLAIMS RESPONSIBILITY FOR, AND SHALL HAVE NO LIABILITY TO ANY USER FOR, THE ACCURACY OR USE OF ANY DOSAGE INFORMATION OR REMINDERS SET BY USERS IN THE SERVICE.
Use of HealthAssist Watch to Contact 911 or an Emergency Monitoring Agent.
The HealthAssist watch is intended to facilitate the Care Recipient’s ability to contact 911 or an Emergency Monitoring Agent. The HealthAssist Service will dial 911 or the Monitoring Agent through the cellular service on the watch and contact the designated Caregiver(s) via text message in the event the User requests such call by using the Service. However, in the event the HealthAssist watch does not have cellular service or cannot reach 911 or the Monitoring Agent due to any technical issues, the Company and its suppliers are not responsible for such failure. In the event that the watch has no cellular service, no power or the device is otherwise not working, please use a telephone to call 911.
Consent to Send Text Messages to Caregivers
The Service is intended to deliver messages to the Caregiver(s), including by text message. When a User provides contact information for themselves and one or more Caregivers, you are affirmatively consenting to text message alerts from HealthAssist in the event they are triggered through the Service. If you are entering contact information for anyone other than yourself, you represent and warrant that: (a) you have notified each such person that you are providing the Company with their contact information for use in the Service; and (b) you have the necessary consents for each designated Caregiver to provide such consent to the Company.
Electronic vs. Paper Communication
You agree to conduct business electronically with WellCare Today, LLC and its affiliated companies (collectively, the “Company”), through its website and by using the Service
I understand that I have the right to withdraw my consent to conduct business electronically with the company at any time. If I want to withdraw my consent, I understand that I must do so in writing, by emailing the Company at support@wellcaretoday.com or calling us at 1-800-635-2720. I acknowledge that my withdrawal of the consent will not be effective for uses and/or disclosures that have already been made based on my prior consent. I also acknowledge that my withdrawal of consent will not apply to use of text messaging or e-mails for notices/alerts from the Service unless I remove my email/mobile number from the system.
I have the right to receive paper copies of this Agreement. If I consent to electronic delivery of my agreements with the Company and I later choose to withdraw my consent, the Company will send to me paper copies of my documents
Disclaimers
THE SERVICE AND THE DEVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY, AND ITS SUPPLIERS AND SERVICE PROVIDERS (INCLUDING, WITHOUT LIMITATION, THE DEVICE MANUFACTURER AND CELLULAR SERVICE CARRIER) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED OR REFERENCED THEREIN. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY, ITS SUPPLIERS AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. NO COMMUNICATION, INFORMATION OR ADVICE GIVEN BY US OR ANY REPRESENTATIVE OF OURS SHALL CREATE ANY WARRANTY. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
The Company makes no representation that the Service is appropriate or available for use outside of the United States. If you access the Service from other locations, the Service may not work and you are responsible for complying with local laws.
Third-Party Websites and Materials
References or links to any third parties or their websites or information are provided only as a convenience to you and do not in any way mean that we endorse, sponsor or recommend any third-party material, product or service. We do not make any representations regarding the content, accuracy, completeness, decency, legality, non-infringement, quality or any other aspect of material on such third-party websites, content, data, information, applications or materials. We are not responsible for and do not assume any liability with respect to the content, privacy practices or otherwise of third parties.
License Grant
We hereby grant to you a limited, nonexclusive, non-assignable, non-sublicensable license to access and use the Service, and any user guides, specifications or related documentation (the "Documentation"), subject to the terms and conditions of this Agreement. This license is only for your personal and non-commercial use, and use by the User, and only for the term of this Agreement. Under this license, except as and only to the extent any of the following restrictions are prohibited by applicable law or any of the restricted activities are permitted by the licensing terms of any open-sourced components incorporated into the Service, you may not:
· lend, rent, lease, sell, redistribute, assign, sublicense or otherwise transfer HealthAssist or the right to download or use HealthAssist;
· use HealthAssist for any commercial purpose or for any commercial or non-commercial public display;
· copy, decompile, reverse engineer, disassemble, derive the source code of HealthAssist, any updates, or any part of HealthAssist or updates, or attempt to do any of the foregoing;
· modify or create derivative works of HealthAssist, any updates or any part of the updates;
· remove any copyright or other proprietary notations from HealthAssist; or
· transfer the content or materials HealthAssist or companion site to anyone else or "mirror" the same on any server.
If you or the User violate any of these restrictions, this license will automatically terminate, and you may be subject to prosecution and damages.
Ownership
We retain all rights to the Service that are not specifically granted to you in this Agreement. We do not transfer to you any title to or any proprietary or intellectual property rights in or to the Service, any updates or derivative works of the Service, or the Documentation, or any copyrights, patent rights, or trademarks embodied or used in connection with the Service.
Limitations on Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL THE COMPANY, ITS AFFILIATES, OR ANY OF OUR OR THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER OR DEVICE FAILURE OR MALFUNCTION, EVEN IF A REPRESENTATIVE OF OURS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS ($100). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law. NOTICE TO NEW JERSEY CUSTOMERS: These limitations of liability apply in New Jersey.
Any claims arising in connection with your use of HealthAssist must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions, even if the applicable remedy under these Terms and Conditions fails of its essential purpose.
Indemnity
You agree to defend, indemnify, and hold harmless us, our officers, directors, employees. Agents, licensors and suppliers, any of our affiliated companies or organizations, and any successors, assigns or licensees, from and against any claims, actions or demands, damages, losses, liabilities, judgments, settlements, costs or expenses (including attorneys' fees and costs) arising from or relating to your use of the Service or your breach or violation of this Agreement.
Termination of Service
These terms are effective until terminated by either you or us. You may terminate this Agreement at any time, provided that you and the User discontinue any further use of HealthAssist. If you violate these Terms and Conditions, our permission to you to use HealthAssist automatically terminates. We may in our sole discretion, terminate this Agreement and your access to any or all of HealthAssist, at any time and for any reason, without penalty or liability to you or any third party. In the event of your breach of this Agreement, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to us. Upon any termination of the Agreement by either you or us, you must promptly and destroy all materials downloaded or otherwise obtained from the application, all Documentation, and all copies of such materials and Documentation. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Limitations on Liability, Indemnity, Choice of Law and Forum, Complete Agreement and Severability, and Waiver of Trial by Jury/Dispute Resolution
Governing Law
This Agreement will be construed and enforced in accordance with the internal laws and judicial decisions of the State of New Jersey, excluding its conflict of laws rules that would refer to and apply the substantive laws of another jurisdiction.
ARBITRATION; DISPUTE RESOLUTION
Except as otherwise provided in a written agreement with you, any controversy or claim, whether based in contract, tort, statute, regulation or otherwise, between you and the Company or our subsidiaries and affiliates, and our or their officers, directors and employees, arising out of or relating to this Agreement or your
use of the Service, shall be adjudicated by binding arbitration, before a single arbitrator, in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) (or any successor of that organization in effect at the time the arbitration is initiated) which shall administer the arbitration.
If your claim seeks more than $75,000 in the aggregate, the payment of the AAA’s fees and costs will be governed by the AAA rules. If your claims seek less than $75,000 in the aggregate, the payment of the AAA’s fees and costs will be our responsibility. However, if the arbitrator finds that your dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the payment of the AAA’s fees and costs shall be governed by the AAA Rules and you shall reimburse us for all fees and costs that were your obligation to pay under the AAA Rules. You may hire an attorney to represent you in arbitration. You are responsible for your attorneys’ fees and additional costs and may only recover your attorneys’ fees and costs in the arbitration to the extent that you could in court if the arbitration is decided in your favor. Notwithstanding anything in this arbitration provision to the contrary, we will pay all fees and costs that we are required by law to pay
The arbitration award shall be in writing and shall include findings of fact and conclusions of law. Judgment on the arbitration award may be entered by any court of competent jurisdiction. Either party may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of either party pending the completion of arbitration. The parties hereby agree the arbitration will be held at the AAA office closest to where you live or work in the United States of America, New York, New York, or any other location where we agree to hold the arbitration.
This section is deemed to be a written agreement to arbitrate pursuant to the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-16. You and the Company agree that this section is intended to satisfy the writing requirement of the FAA. The FAA will apply even though this agreement provides that it is governed by the law of New Jersey. YOU HEREBY WAIVE THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT AND OTHER RIGHTS THAT YOU WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. You hereby acknowledge that you have read and understood the implications of this provision.
Notwithstanding anything in this arbitration provision to the contrary, either you or we may elect to have an action heard in a small claims court in the area where you receive(d) service(s) from us if the claim is not aggregated with the claim of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court
RIGHT TO OPT OUT OF ARBITRATION PROVISION. You may opt out of this arbitration provision. To opt out of the obligation to arbitrate, you must notify the Company in writing no later than 30 days after the earlier of: (a) first using the Service; or (b) first receiving a copy of these Terms. You must send your opt out notice to the Company in writing and include your name, address and a CLEAR statement that you do not wish to resolve disputes with the Company through arbitration. If you so opt-out, you shall otherwise be subject to the terms of this Agreement and all claims shall be subject to the exclusive jurisdiction of the state and federal courts in New Jersey, except as set forth in the Injunctive Relief section below.
NO CLASS ACTIONS. Any controversy or claim will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or proceedings that involve any claim or controversy by you or any other person or party. You and the Company expressly intend and irrevocably and voluntarily agree that each will not assert a class action or representative action against the other in arbitration, in court or otherwise. You further agree that you do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any controversy or claim filed in either court or submitted to arbitration. This provision is material and essential to the arbitration of any controversy or claim, and is non-severable from this agreement to arbitrate.
INJUNCTIVE RELIEF. Notwithstanding the foregoing, in the event of your use of the Service violates this Agreement, you agree that we are entitled to apply for injunctive remedies in any court with applicable jurisdiction without having to submit to arbitration.
Complete Agreement
This Agreement and our Privacy Policy constitute the entire agreement between you and us relating to your access to and use of HealthAssist. To the extent there is an inconsistency between this Agreement and the Privacy Policy, this Agreement shall govern. Anything contained in or delivered through HealthAssist that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this this Agreement. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement.
Amendment
The Company may revise and update these terms and the privacy policy at any time by posting the amended terms to the web site (if you are a User that has a log-on to the Service) or by mailing you a copy of the amended terms on paper or electronically if you do not have a log-on to the Service but the Company has contact information for you. Your continued use of the Service means that you accept and agree to the revised terms and privacy policy.
Severability
If any of the provisions of this Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be reformed, limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect
Assignability
You agree that these Terms and Conditions and all incorporated agreements between you and us may be automatically assigned by us, in our sole discretion, to an affiliate or to a third party in the event of a merger, acquisition or liquidation
Privacy Policy
Introduction
The HealthAssist produce, website and service (collectively, “HealthAssist” or the “Service”) allow users to manage medical conditions and, potentially, enable wearers of the HealthAssist product to contact 911 or a monitoring agent and their designated contacts in the case of an emergency. “Users” fall into one of two categories: (a) individuals that are the recipients of and should wear the HealthAssist watch (“Care Recipients”); and (b) one or more caregivers designated by either the Care Recipient or the individual that purchased the Service for the Care Recipient (“Caregivers”). You are a User in one or both of these categories
The original purchaser of the Service may be a Caregiver or Care Recipient, but shall be responsible for initially setting up an account on the Service and providing information with respect to one (or more) Care Recipients and potentially one (or more) additional Caregivers. The Caregiver could be the Care Recipient’s spouse, child, sibling, someone to whom the Care Recipient has given a medical power of attorney, a legal guardian, or any other person the Care Recipient has choose to assist the Care Recipient with his/her health care needs.
PLEASE NOTE: the Company has no obligation to ensure the Caregiver has the authority to act on behalf of the Care Recipient or the authority to make health care decisions for the Care Recipient, but instead we will rely solely on the Caregiver and Care Recipient to identify one another.
The Caregiver will be assigned a unique User ID and password that is different from the Care Recipient’s User ID and password. Using his or her own User ID and password, the Caregiver will have access to the information relating to the Care Recipient held by HealthAssist.
Collection of Information
Information you provide to us
When setting up your account you may share information relating to yourself and other Users including names, emails, addresses, mobile numbers. You may also share information regarding the Care Recipient such as medical conditions, medication information, refill information, date of birth and address. We are collecting this data for purposes of communicating with the applicable Users and to provide Service.
PLEASE NOTE: Whenever you submit person information about Users other than yourself, you are representing and warranting that you have all consents necessary to provide such information for the Company to use this information pursuant to this Privacy Policy. You agree to notify any such Users about this Privacy Policy.
From time-to-time, the Service may include functionality which supports sharing of information with or collection of information from the Care Recipient’s participating health care providers (each, a “Provider” and collectively, the “Providers”). In such instances, the Service will only collect information from or send information to Providers whom you expressly authorize to use the Service with respect to the Care Recipient’s information. By authorizing a Provider, you also authorize HealthAssist to collect information regarding the Care Recipient from the Provider’s support staff and from other practitioners affiliated with the Provider or in the Provider’s practice. Further, HealthAssist may collect information from other third party information providers that you expressly authorize.
Information we collect through use of the Service and Devices connected to the Service
As you or other Users use the Service, certain information may be passively collected (i.e., gathered without Users actively providing information) using various technologies and means, such as physical activity, sedentary time and heart rate. The Service may also connect to HealthAssist-compatible devices the User selects in order to collect information such as weight, glucose readings and blood pressure readings.
Our systems may automatically gather information including the operational information about the technology used, such as browser, type of computer, operating systems, the Users’ geolocations, and internet service providers. Like most web sites and mobile services, we and our service providers (including advertising providers) may track IP addresses during your visit and may also use session, persistent and flash cookies, web beacons, pixel tags and other successor technologies. We may request access or permission to and track location-based information from your computer or mobile device, either continuously or while you are using the Website, to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.
Your web browser may include settings which allow you to manage or block cookies and other related technologies. We and our service providers may also use this information for operations purposes, including improving products and services, optimizing our website and displaying relevant advertising. Most browsers are set to accept cookies by default. You can remove or reject cookies, but be aware that such action could affect the availability and functionality of the Service. You may not decline web beacons. However, they can be rendered ineffective by declining all cookies or by modifying your web browser’s settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis.
How we use personal information
We use personal information collected through the Service, including the Care Recipient’s health information and Caregiver’s contact information, to provide the Service, and as described in this privacy statement.
We may access and/or disclose your personal information if we believe such action is necessary to:
a. Comply with the law or legal process served on us;
b. Protect and defend the rights or property of the Company (including the enforcement of our agreements); and
c. Act in urgent circumstances to protect the personal safety and welfare of users of the Company’s services or members of the public;
We may also share your personal information with:
a. Our third party service providers (for a complete list see the section below)
b. Our affiliates; and
c. The sale or transfer of ownership in the event another entity acquires us or any of our assets, the information we collect about Users may be transferred to such entity
The following link contains a full listing of the third parties with whom we currently share personal information or personally identifiable information (as those terms are defined by applicable statute) as well as the purposes for which we share it and whether we profit from the sharing:Privacy Links
How we use aggregate information and statistics
We and our service providers may create aggregated and/or de-identified databases which we otherwise use or share, but such databases will not include your personally identifiable contact information. We may use aggregated and de-identified information from the Service to
· Support healthcare data analytics, recognizing the correlation between patient best outcomes and the correlation of the independent variables towards best outcomes;
· Attempt to identify opportunities to improve healthcare outcomes; and
· Attempt to identify opportunities of healthcare cost savings.
WEBSITE ANALYTICS
We may also partner with selected third-party vendors, such as Google Analytics, and others, to allow tracking technologies and remarketing services on the Service through the use of first party cookies and third-party cookies, to, among other things, analyze and track users’ use of the Service, determine the popularity of certain content, and better understand online activity. By accessing the Service, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors. However, if you do not want any information to be collected and used by tracking technologies, you can install and/or update your settings for one of the following: · Digital Advertising Alliance Opt-Out Tool · Google Analytics Opt-Out Plugin · Google Ads Settings Page · Network Advertising Initiative Opt-Out Tool
Your Cookie Choices
For further information about cookies and similar technologies, including how to see what cookies have been set on your device and how to manage and delete them, you can visit www.allaboutcookies.org.
BY CONTINUING TO VISIT OR INTERACT WITH OUR SERVICE, YOU CONSENT TO THE USE OF COOKIES AND SIMILAR TECHNOLOGIES AS DESCRIBED IN THIS PRIVACY POLICY.
Security of your personal information
We are committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, and disclosure. For example, we store the personal information you provide on computer services with limited access that are located in controlled facilities.
Policy for Children
The Service is not intended for children under the age of 13. We will not knowingly solicit or collect personal information from visitors in this age group. However, if the parent or the guardian of a child under 13 years old believes that the child has provided us with personal information, the parent or guardian of that child should contact us at the information provided below to request the information's deletion.
Data Retention
At any time, you can stop collection of your information by uninstalling HealthAssist and discontinue use of the HealthAssist Companion Site. We will keep your information for as long as you continue to use HealthAssist and for a reasonable period of time afterwards.
Controls for Do-Not-Track Features
Some web browsers may transmit "do-not-track" signals to websites with which the browser communicates. Our Services do not currently respond to these "do-not-track" signals.
CALIFORNIA PRIVACY RIGHTS
For California Residents Only. California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes (if applicable), such as types of personal information we share and who we share it with. To make such a request, please write to us at the postal address below. Please be sure to include your name and address.
Your rights with respect to Your data
Users have the following rights, which we will honor your requests to exercise up to twice annually (and beyond that, at our discretion):
· The right to request confirmation that your data has been processed;
· The right to request a copy of your data in a structured and commonly-used machine-readable format;
· The right to receive a copy of your data within 30 calendar days of our receipt of your request, free of charge;
· The right to correct any inaccurate data on you contained in our records; and
· The right to opt-out of further processing of your data, unless one of the following circumstances applies:
1. We are sharing your data with a third-party vendor to perform a specific service (e.g. servicing your account, providing customer service, fulfilling your orders, etc.) and we have a written contract with the vendor prohibiting it from using your data for any other service or disclosing your data to any other party.
2. The processing is necessary to comply with applicable law, rule, regulation, legal process, or court order.
3. The processing is necessary to address fraud, security or technical issues, to protect you from other illegal activities, or to protect our rights or property.
Links to other websites or apps
HealthAssist may link to or refer to websites or mobile device applications that we do not control. This Privacy Policy does not apply to such other websites or applications, and we are not responsible for the privacy practices or content of any website or application not controlled by us. If you have any concerns, we urge you to review the terms of those other websites or applications for more information about their applicable policies.
Enforcement of this privacy statement
If you have questions regarding this statement, you should first contact us by sending an email to d.ferrara@wellcaretoday.com.
Changes to this privacy statement
We may occasionally update this privacy statement. We encourage you to review this privacy statement periodically to stay informed about how we are helping to protect the personal information we collect. Your continued use of the service constitutes your agreement to this privacy statement and any updates.
Contact information
WellCare Today, LLC welcomes your comments regarding this privacy statement. If you have questions about this statement or believe that we have not adhered to it, please contact us by regular mail or by email to d.ferrara@wellcaretoday.com. WellCare Today, LLC, 125 Half Mile Road, Ste 200, Red Bank,, NJ 07701.