Privacy Policy

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING OUR SERVICES AND OUR WEBSITE.

IMPORTANT NOTE – Our Notice of Privacy Practices is a separate document that governs how medical information about you may be used and disclosed in connection with the Health Care Services in accordance with the Health Insurance Portability and Accountability Act (“HIPAA”).


I. INTRODUCTION
eMed, LLC, and its subsidiaries, including eMed Labs, LLC (collectively, “eMed”, “we”, “our”, or “us”), is committed to protecting and respecting your privacy and personal information, meaning any information about you which is personally identifiable (“Personal Information” as defined in Section II herein), that we may collect from or which you may submit to or through eMed.com or other eMed websites that directly link to this privacy statement (the “Website”) and, the eMed Test-to-treat application (“the App”). This privacy policy (the “Privacy Policy”) describes the types of information eMed may collect from you or that you may provide when you use the Website or the App. This Privacy Policy also describes our practices for collecting, using, maintaining, protecting, and disclosing that information. Use of the Website and the App is governed by this Privacy Policy and our Terms of Use.  This Privacy Policy is incorporated into our Terms of Use. All capitalized terms used in this Privacy Policy but not defined herein have the meanings assigned to them in the Terms of Use. By accessing or using the Website or the App, you acknowledge that you have read, understood and agreed to be legally bound by and comply with this Privacy Policy and our Terms of Use. If any term in this Privacy Policy is unacceptable to you, please do not use the Website, the App or provide any Personal Information. This Privacy Policy may change from time to time (see Revisions to Our Privacy Policy below) and your use of the Website or the App after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

This Privacy Policy does not apply to information collected by any third party, including through any application or content (including advertising) that may link to, be embedded on, or otherwise accessible from or on the Website or the App. Also, you may be subject to different privacy policies or terms of service for other websites or applications. 

eMed is committed to protecting your privacy. We provide this Privacy Policy to explain the type of information we collect and to inform you of the specific practices and guidelines that protect the security and confidentiality of personal information, including protected health information (“PHI”) that individually identifies you or others and that is subject to HIPAA.


II. INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
Information About You and Your Health Care Treatment and Payment.
We collect several types of information from and about users of our Website and the App, including: 

Information by which you may be personally identified, such as name, mailing address, email address, telephone number and account information, postal address, gender, occupation, billing and collection information that you provide to us, information related to your eligibility for the Health Care Services, or any other information collected on the Website or the App that is defined as personally identifiable information under applicable law (“Personal Information”).

Clinical or patient information or data, including PHI or other health-related information. This includes information collected in connection with your use of the Website or the App that may be necessary for you to receive Health Care Services, including previous doctors, applicable clinical history and condition, blood pressure reading and other clinical and health information, and any other information exchanged in emails, texts, telephone or video chats or calls between you and eMed, eMed’s third-party partners, or your medical providers and their professional entities.

Information about your Internet connection, the equipment you use to access our Website or the App, and usage details. 

Information about you that does not identify you individually, such as whether you are a current user, your product interests, location or demographics, or information related to your inquiry or request.

Any other information we specifically request. 

We collect this information:

Directly from you when you provide it to us. 

Automatically as you navigate through the Website and the App (e.g., usage details, IP address, and information collected through cookies, web beacons, and other tracking technologies).

From third party intermediaries, for example, the physicians, medical professionals, and pharmacies with whom we partner to provide you with services. 

Information You Give to Us.
The information we collect on or through our Website and the App may include:

Information that we collect when you browse our website or download the app. Even without creating an account, we still collect from you some of the information described in Section II: INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT.

Information that you provide on our Website and the App, including information provided when you sign in or register for an account on the Website or for services provided by one of our affiliates, or through communications with you through the Website, the App or as a result of any Health Care Services. 

Information to process or respond to your inquiries related to requests for treatment, payment, customer service; and when you provide feedback on our Website or the App, including payment processing information that includes billing information, such as a name, address, email address, and payment card information. When you provide or update your payment processing information, we transmit the payment via an encrypted connection to a third-party credit card processor. eMed does not collect or store your full credit card details. 

Records and copies of your correspondence (including email addresses) if you contact us, such as when you report an issue with our Website, the App or other services.

Information that you provide for display or posting on the Website, including information provided in social media and/or testimonials. If you provide a testimonial, your first name will be posted along with the testimonial. Please remember that testimonials are located in the public areas of our Website. Do not provide information for display or posting on the Website that you would not want others to save or share. 

Your search queries on the Website.

Information We Collect About You.
As with many other websites and applications, as you navigate through and interact with our Website or the App, we may use automatic data tracking technologies to collect certain information about your equipment, browsing actions, and patterns, including:

Details of your visits to our Website or the App, including traffic data, location data, logs, language, date and time of access, frequency, and other communication data and the resources that you access and use on the Website or the App.

Information about your computer and Internet connection, including your IP address, operating system, host domain, and browser type.

Details of referring websites (URL). We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

The information we collect automatically includes statistical data and may also include Personal Information. We may also maintain it or associate it with Personal Information you provide to us or that we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

Estimate how individuals access and use our Website or the App.

Store information about your preferences.

Speed up your searches.

Recognize you when you return to our Website.
As with many other websites and applications, our Website may use “cookies” or other data tracking technologies (collectively “cookies”) to help us deliver content specific to your interests, to process your requests, and/or to analyze your visiting patterns. We may collect the following types of information about your visit including: the domain from which you access the Internet; IP address; operating system and information about the device or browser used when visiting the Website; date and time of your visit; content you visited; general location; and website (such as google.com or bing.com) and website referral source (such as email notice or social media site) that connected you to the Website. Our Website uses two types of cookies: single-session (temporary) and multi-session (persistent). Temporary cookies last only as long as your web browser is open, and are used for technical purposes such as enabling better navigation through our Website. Once you close your browser, the cookie disappears. Persistent cookies are stored on your computer for longer periods and are used for purposes including tracking the number of unique visitors to our Website and information such as the number of views a page gets, how much time a user spends on a page, and other pertinent web statistics. Cookies, by themselves, will not be used by eMed to disclose your individual identity. This information identifies your browser to our servers when you use the Website. We also use different types of first- and third-party cookies on the Website. For example, we use cookies to track user trends and patterns. This helps us better understand and improve areas of the Website that our users find valuable. We use cookies to personalize content and ads, to provide social media features and to analyze our traffic. We also share information about your browser’s use of our Website with our social media, advertising and analytics partners. We use the information from cookies to provide services better tailored to our users’ needs.

We do not respond to “do not track” signals in your browser. We may also collect data by using “pixel tags,” “web beacons,” “clear GIFs” or similar means (collectively, “pixel tags”) that allow us to know when you visit our Website. Through pixel tags, we collect non-Personal Information or aggregate information that can be used to enhance your online experience and understand traffic patterns.

Camera and Microphone: The App requires access to your camera and microphone to observe your test session and provide guidance during your test session. It is always your choice whether to allow the App to access your camera and microphone. The App cannot access your camera without your permission.

Information We Receive From Other Sources.
This is information we receive about you if you use any of the other websites we operate or other services we provide. We sometimes work with third parties and they sometimes provide information about you. We obtain information from such third parties with whom we work to provide you with certain services (including, for example, sub-contractors, analytics providers, advertising networks, and search information providers, or third parties who share your information to provide health care services to you, such as a medical provider including your information when they message or communicate with other medical providers or eMed).

In addition, we may use third-party providers to serve or track interactions on other websites. You may link to or access our Website using other third-party websites. Use of such third-party websites is subject to the terms of service and privacy policies of those third parties. eMed does not control the use of third-party technology or the resulting information and is not responsible for any actions or policies of such third parties.

Where permitted by applicable law, we may also receive Personal Information about you from third-party sources (e.g., lead generators) to determine whether a eMed product or service is right for you and to send promotional emails to customers and prospective customers.

We may combine information we receive from other sources with information you give to us and information we collect about you. Depending on the types of information received, we will use the information received from other sources or the combined information for the purposes described in Section III: HOW WE USE YOUR INFORMATION.


III. HOW WE USE YOUR INFORMATION
We may use information collected about you, including Personal Information, in the following ways:

To complete any registration or other transactions or actions you request online, such as payment processing, including determining eligibility for Health Care Services, use, and other benefits.

For treatment, payment, or health care operations purposes.

To communicate with you about our Health Care Services and information, products, and services that you request from us (which may include telephone, voicemail, email, SMS/text messages, or notifications within the Website or the App).

To contact you if you receive Health Care Services resulting from your use of the Website or the App.

To administer your account, including processing your payments and fulfilling your orders if you receive Health Care Services resulting from your use of the Website or the App.

To operate the Website of the App and perform any services associated with the Website or the App, including providing you with technical support and to improve the Website, the App, and our products and services.

To provide you with information that you have requested or to respond to your inquiries.

To create de-identified information that cannot be used to personally identify you, such as aggregate statistics relating to the use of our service.

To measure or understand the effectiveness of communications (including advertising) that we send to you and others, and to deliver relevant communications to you and to provide you with communications from eMed, surveys, newsletters, and other information. 

To better understand our audience.

To enhance the safety and security or performance of our products and services. This includes verifying your identity and preventing or detecting fraud or other unauthorized or illegal activities. 

To design, develop, and communicate with you about our features, products, and services, or, subject to any consents or authorizations that are required by applicable law, those of our subsidiaries, affiliates, and parent companies and any of their related businesses and those of our third-party partners.

To notify you about changes to our services, the Website, or the App.

To enforce this Privacy Policy and any other terms that you have agreed to, including to protect the rights, property, or safety of us or any other person, or the copyright-protected content of the Website and the App. 

For any purpose where you have given your consent (where legally required). 

To comply with applicable federal, state, and other laws and regulations.


IV. DISCLOSURE OF YOUR INFORMATION
We may disclose Personal Information that we collect or you provide as described in this Privacy Policy as follows:

For treatment, payment, or health care operations purposes.

To anyone authorized under this Privacy Policy or pursuant to any other consent or authorization that you may provide.

To service providers that assist us in the maintenance, improvement, and optimization of our Website or the App, such as service providers that help us run and maintain the technology and security infrastructure that support our Website or that provide services such as email delivery, auditing and similar services.

To medical providers, including without limitation, physicians, health care facilities and organizations, pharmacies, and laboratories, that provide any services to you, including medical providers with whom you communicate and/or medical providers who review your information in providing health care services to you. You acknowledge and agree that when medical providers provide services to you, the medical providers and all personnel of their professional entities may see any information you provide.

To eMed’s and its affiliated professional entities’ employees, or other third parties who provide services to eMed or an affiliated professional entity.

To our affiliates and their employees, including for the purpose of posting information or notifications about Health Care Services in your account.

To fulfill the purpose for which you provide it. For example, if you sign up for certain services, we may share your information in order to provide those services. 

To third-party credit card processors via an encrypted connection so that they can process any payments by you. 

To any third parties we believe necessary or appropriate to comply with applicable laws.

To entities that assist us with marketing and advertising.

For any other purpose disclosed by us when you provide the information or with your consent.

If we are under a duty to disclose or share your Personal Information in order to comply with applicable law. 

If we are under a duty to disclose or share your Personal Information to comply with any legal obligation, or in order to enforce or apply our Terms of Use and other agreements; or to protect the rights, property, or safety of eMed, our customers, or others. This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

With respect to de-identified information, for any purpose without restriction.

In the event of a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization, or liquidation, we may transfer, sell, or assign to third parties information concerning your relationship with us, including, without limitation, Personal Information that you provide and other information concerning your relationship with us.

For any purpose related to our use of information as set forth in Section III: HOW WE USE YOUR INFORMATION.


V. CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION
We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with control over your information: 

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our Website may then be inaccessible or may not function properly. 

Do Not Track. We do not currently respond to “do not track” signals. 

Promotional Offers from eMed, its affiliates, or third-party partners. If you do not wish to have your contact information used by eMed to promote our own products or Services, you can unsubscribe by going to your eMed account, click preferences, and click off for the communications that you do not wish to receive. If you are receiving email from eMed or from one of our third-party partners, but do not have an account with us, you can unsubscribe in the bottom of the email. If you are not able to unsubscribe online through one of those methods, please contact us and we can handle your request. You can also always exercise your right to ask us not to process your Personal Information for marketing purposes by contacting us at the address in Section XII: CONTACT INFORMATION. If we have sent you a promotional email, you may unsubscribe by clicking in the unsubscribe link in the bottom of the email.

eMed’s Mobile Alerts Program. By joining the eMed mobile alerts program, you consent to receive recurring marketing text messages. Your consent to receive text messages is not a condition of purchase. Message (Msg) and data rates may apply. Carriers are not liable for delayed or undelivered messages. The eMed mobile alerts program is available in the US only. Standard messaging rates apply to your entry or submission message to any eMed text message service, our confirmation and all subsequent text message correspondence. Please contact your wireless carrier for information about your messaging and data plan(s). Your carrier may impose message or charge limitations on your account that are outside our control. All associated charges are billed by and payable to your mobile service provider. Data obtained from you in connection with our text message service may include your cell phone number, your carrier's name, and the date, time and content of your messages to us and other information that you may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop and improve the service. Your wireless carrier and other service providers may also collect data about your text usage, and their practices are governed by their own policies. For purposes of the Mobile Alerts Program, text messages will be sent only to the wireless telephone number provided by you. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property.

Telehealth Providers’ Mobile Alert Programs. Telehealth providers, including Wheel Health, Inc. (“Wheel”), may offer mobile alert programs. Your participation in these programs is subject to the telehealth providers’ mobile terms and conditions, including Wheel’s Mobile Terms and Conditions.


VI. DATA SECURITY
We have implemented measures designed to reasonably secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. 

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Website or the App, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. The information you share in public areas may be viewed by any user of the Website or the App.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your Personal Information, we cannot guarantee the security of your data transmitted to our Website or the App; any transmission is at your own risk.

When you use our Website there is a risk that your PHI will be stored unencrypted on your mobile device. We take a variety of technical safeguards to make sure that your PHI does not leak onto your mobile device but we cannot guarantee that these safeguards work.

VII. THIRD-PARTY PLATFORMS
Our Website or the App may contain links or references to other websites outside of our control. Please be aware that this Privacy Policy does not apply to third-party websites. eMed encourages you to read the privacy statements and terms and conditions of linked or referenced websites you enter. These third-party websites may send their own cookies and other tracking devices to you, log your IP address, and otherwise collect data or solicit Personal Information. EMED DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR WHAT THIRD PARTIES DO IN CONNECTION WITH THEIR WEBSITES, OR HOW THEY HANDLE YOUR PERSONAL INFORMATION. PLEASE EXERCISE CAUTION AND CONSULT THE PRIVACY POLICIES POSTED ON EACH THIRD-PARTY WEBSITE FOR FURTHER INFORMATION.


VIII. CHILDREN UNDER THE AGE OF 18
Our Website and the App are not intended for use by children under the age of 18 without parental consent. If you are under the age of 18, your parent or legal guardian must create your account, submit your Personal Information, and agree to this Privacy Policy on your behalf. 

If you are under the age of 13, you may only access our Website and the App and use our services with the supervision or consent of your parent or legal guardian. We will not require you to disclose more information than is reasonably necessary to allow us to provide the services. Your parent or guardian may review your Personal Information, direct us to delete it and refuse to allow further collection or use of your Personal Information. 

Please note that deleting or refusing to allow collection of your Personal Information will prevent us from providing the services. 

If we learn that we have collected Personal Information from a minor under the age of 13 without verification of consent from a parent or guardian, we will delete that information. If you believe that we have impermissibly collected Personal Information from or about a minor under the age of 13, or if your parent or legal guardian wishes to review your Personal Information, please contact us at privacy@emed.com.


IX. CALIFORNIA RESIDENT PRIVACY RIGHTS
If you are a resident of California, the California Consumer Privacy Act (“CCPA”) provides you with additional rights regarding your Personal Information. This section describes the Personal Information we collect about you, how we use and disclose it, and how you can exercise your privacy rights under the CCPA.

Your privacy rights under the CCPA do not apply to all information that we might collect, use or disclose. For example, the CCPA does not apply to PHI governed by HIPAA, “medical information” governed by the California Confidentiality of Medical Information Act (“CMIA”), or other patient information we maintain in the same manner as PHI or “medical information.” The CCPA also excludes other categories of information. When we collect, use or disclose information not covered by the CCPA, we do so as described in this Privacy Policy (excluding this Section IX) and our Notice of Privacy Practices. If you would like to learn more about how we collect, process, or disclose your information that is not covered by the CCPA, or to exercise the rights that may be available to you under HIPAA and other laws, please review this Privacy Policy (excluding this Section IX) and our Notice of Privacy Practices. 

For your Personal Information covered by the CCPA, your rights are described below. 

Personal Information Disclosures
In the last twelve (12) months, we have collected the following categories of Personal Information about you: 

Identifiers (e.g., name, mailing address, email address, and telephone number, as well as unique identifiers such as your IP address, account login information, cookies or similar data)

Characteristics of protected classifications under California or Federal law (e.g., your gender or age)

Internet or Other Electronic Network Activity Information (e.g., browsing history, activity, and service pages visited to help you get started, and information regarding your interactions with our Website)

Geolocation Data 

Professional or employment-related information (e.g., your occupation)

Audio, video, electronic or similar information when you contact our customer care center by phone or participate in telephone or video chats or calls with eMed, eMed’s third-party partners, or your medical providers and their professional entities

Inferences drawn from the information identified above 

We collect this Personal Information directly from you when you provide it to us; automatically as you navigate through the Website; or from third party sources to help us determine whether an eMed product or service is right for you and to send promotional emails to customers and prospective customers. For more information about the sources from which we collect your Personal Information, please see Section II: INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT above. 

We collect and use your Personal Information for our own operational purposes to provide services to you; audit interactions on the Website; secure our Website and detect, protect, and investigate against security incidents; or improve our Website (e.g., identify bugs, repair errors, and ensure that services function as intended). For more information about the purposes for which we use your Personal Information, please see Section III: HOW WE USE YOUR INFORMATION, above.

The Personal Information we disclose is described in Section IV: DISCLOSURE OF YOUR INFORMATION above. In the last twelve (12) months, we have disclosed certain information to third parties (such as our service providers) as set out below for a business or operational purpose:

Like many organizations, we engage third parties to help deliver interest-based advertisements to you and may make use of third-party tracking technologies or other online marketing services. In doing so, we may make available or transfer your Personal Information (e.g., Identifiers such as your IP address, Geolocation data, and Internet or other similar network activity) to third parties, such as advertising agencies, advertising services, analytics providers, sponsored content providers, social media platforms, and other similar technology companies. In certain cases, sharing data with these providers could be considered a “sale” under CCPA even though it is not a sale in the traditional sense. In the prior twelve (12) months, we may have sold (as defined by the CCPA) or disclosed for consideration certain categories of your Personal Information.

You may request to opt-out of these cookies on this website by contacting us at ccpa@emed.com. Please note that we collect cookies on both our mobile app and our website. To opt-out of the cookies in our mobile app, you may contact us at ccpa@emed.com. Please refer to Section V: CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION for more information about other choices you may have for managing the collection of your Personal Information for analytics and advertising purposes. 

California Resident Privacy Rights

If you are a California resident, you have the following rights:

Right to Know: You have the right to know about the Personal Information we collect, use, and disclose about you in the twelve (12) months preceding your request. Upon verifying your identity, we will provide you with the specific pieces of Personal Information we have collected about you. We also will disclose the categories of Personal Information we have collected about you and purposes for doing so; the categories of sources of that data; the categories of third parties with whom we shared it for a business purpose and our purposes for doing so; and the categories of third parties to whom we sold Personal Information and our purposes for doing so.

Right to Deletion: You have the right to request that we delete the Personal Information we collect about you. We will honor your request unless an exception applies, such as when the information is necessary to complete the transaction or contract for which it was collected.

Right to Opt-out of the Sale: You have the right to request that we do not sell your Personal Information to third parties. While we do not “sell” your data in the traditional sense, the CCPA defines this term broadly to include our use of certain third-party advertising and marketing services as described above. 

Right to Non-Discrimination: We do not discriminate against you for exercising any of your privacy rights under CCPA or applicable law, including discrimination in the form of: denying you goods or services; charging you different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; providing you a different level of quality of goods or services; or suggesting that you will receive a different price or rate for goods or services or a different level of quality of goods or services.

How to Exercise Your Privacy RightsE-mail us at ccpa@emed.com.

For “Right to Know” and “Right to Deletion” requests, we must verify your identity or authority to make the request and confirm the Personal Information relates to you, or others. To do so, we collect your name, e-mail address, phone number to verify your identity. We also may contact you by e-mail or by telephone to verify your identity and ask you additional questions so that we can match your identity with the data we have about you. In some instances, we may ask you to declare under penalty of perjury that you are the consumer whose Personal Information is the subject of the request.

You also may designate an authorized agent to make a request for you. To use authorized agent, you or your authorized agent must:

submit proof that the authorized agent is registered with the California Secretary of State and that you have authorized be able to act on your behalf, 

submit evidence that you have provided the authorized agent with power of attorney pursuant to the California Probate Code, or

provide the authorized agent written and signed permission to act on your behalf, verify your identity with us, and directly confirm with us that you have provided the authorized agent permission to submit the request.

We may deny a request from an authorized agent who does not submit sufficient proof to act on your behalf.


X. GENERAL DATA PROTECTION REGULATION (“GDPR”)
We do not knowingly collect Personal Information about individuals residing in the European Union. If you believe we have collected or processed Personal Information about any individuals residing in the European Union, please contact us immediately at compliance@emed.com.


XI. REVISIONS TO OUR PRIVACY POLICY
We reserve the right to change this Privacy Policy at any time. It is our policy to post any changes we make to our Privacy Policy on this page. The date this Privacy Policy was last modified is identified at the top of the page. You are responsible for ensuring we have an up-to-date, active, and deliverable email address for you, and for periodically monitoring and reviewing any updates to this Privacy Policy. Your continued use of our Website after such amendments will be deemed your acknowledgement of these changes to this Privacy Policy.


XII. CONTACT INFORMATION
If you have any questions or comments about this Privacy Policy and our privacy practices, please message us through the Website or contact us at: 

Privacy Officer
eMed, LLC
990 Biscayne Boulevard, Suite 1501
Miami, Florida 33132

Email: privacy@emed.com

For California Residents with questions or comments about this Privacy Policy and the CCPA, please contact us at:
Email: ccpa@emed.com

If you have a complaint, you must submit your complaint in writing to:
Compliance Officer
eMed, LLC
990 Biscayne Boulevard, Suite 1501
Miami, Florida 33132

Email: compliance@emed.com

Last Modified:  November 15, 2022