PRIVACY POLICY

 

Welcome to Health Conscious!  This Privacy Policy describes our practices for collecting and using information we collect through our website, our content and our Health Conscious by Evolve mobile application (collectively the “Site”).

Please read this Privacy Policy carefully. By visiting our Site, registering and/or using our Health Conscious by Evolve mobile application, you accept and consent to the practices described in this Privacy Policy. If you do not agree to the terms in this Privacy Policy, please do not use this Site or the mobile application.

Please also read this Privacy Policy carefully before you submit any information which may identify you (“personally identifiable information”) to our Site. This Privacy Policy is designed to assist you in understanding how we collect, use, and disclose both personally identifiable information, PHI (as defined below), and non-personal information (collectively “Information”) that we obtain through your use of our Site.

Our Site provides information to you about our products and Sites.  When you visit our Site, Information will be automatically collected using cookies and similar technologies.  We may ask your consent when required.

What You Should Know Before Using the Health Conscious Site

Before using and sharing Information through our Site, you should understand the following.

• Most users visit our Site because they are interested in the services we provide.

• You should read and agree with our Terms of Use.

• If you are in the European Economic Area, UK, or Switzerland, please take notice that our Site is not currently being intentionally offered to users in those areas.  Any of your information that we collect will be transferred to Evolve Personal Health in the United States. 

• If you have questions, you can always contact us at support@evolveph.com

Information that we collect and process may include protected health information or PHI.  We intend to fully comply with the Health Insurance Portability and Accountability Act of 1996, as amended, (“HIPAA”) and its implementing regulations, including its final privacy regulation, at 45 C.F.R. Parts 160 and 164 (known as the “Privacy Rule”), as administered by the federal Department of Health and Human Sites. HIPAA places certain restrictions on the use and disclosure of PHI.

If you are using the Site as part of Chronic Care Management (“CCM”) services being delivered by your healthcare provider , there are special provisions in the Terms of Use and in this Privacy Policy that will apply. 

Sources and Types of Personal Data We Collect from You

We receive and store any Information you enter on our Site or give us in any other way.  We also collect certain Information automatically when you use or visit our Site. If you choose not to provide this Information to us, you should not visit or use our Site.

Information we collect from visitors of our Site includes Information that will be collected automatically using cookies and similar technologies.  Cookies collect different aspects of information, including personally identifiable information.  This kind of Information may include your IP address, browser type, domain names, access times and session information, product usage data, tracking data and other information about your visit to our Site. 

When you are a User of our Site, we collect Information to allow you to better use the features and functions of our Site.  We may collect your name, home or work address or telephone number and your email address. We may also collect other demographic or personal information about you, including your birth month and year.  

When you subscribe to our services through the self-pay option, payment will be made through a third party processor.  You will be asked to provide your payment card information to third party, but we will not keep that information. 

Any information that you submit in our community forum will be posted to the Community forum portion of the Site. We may provide group informational or coaching sessions to users.  While users may request that information disclosed during these sessions be kept confidential, including their names if they decide to use their names, there is no expectation of privacy for that information.  If you participate in these sessions, you should not assume that any information that you disclose to other participants will be kept confidential.  We have no responsibility to ensure the privacy of that information.

How We Use Your Information

Evolve Personal Health uses the Information to help operate the Site and deliver information to you.  We may use personally identifiable Information we obtain from or collect about you to communicate with you and to connect you with resources.  

We use your Information when you authorize us to use it and when it is necessary to enforce this Privacy Policy and our Terms of Use. These purposes may be for:

·  to facilitate your access to and use of our Site;

·  to communicate with you through email and through the Health Conscious by Evolve mobile application, and to respond to your questions and comments;

·  to enable us to deliver information to you;

·  to troubleshoot problems;

·  to prevent prohibited or illegal activities;

·  to enforce our Terms of Use and Privacy Policy;

·  to share your information with the providers of services or products when you request additional information;

·  to use the information for testimonials on the Site; 

·  to comply with a legal obligation such as court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law;

·  to respond as required for a corporate transaction, such as a divestiture, investment, merger, consolidation, or asset sale, or other significant matter.

How We Share Your Information

We may share your Information for processing and storage with third parties that have agreements in place with us to protect the confidentiality and security of information that we transfer to them.  This may include our development partners and third parties where the services are hosted. 

If you elect to receive information from Evolve Health or third parties, we will use and share your information consistent with your request. You can change your consent in the Setting section of the Site.

If you are using the Site as part of a CCM from your provider, you consent to have your information shared with the provider.  This information includes statistical data and information about your use of the Site and other health metrics that we collect from you during your use of the Site.

How You Can Inspect and Correct Your Health Information

You have the right to inspect and access your information through your account and your account profile pages.  You will have the ability to edit your personal information in your account.  Evolve will receive a copy of PHI that you submit in the Site. If you feel that PHI we have about you is incorrect or incomplete, you may also request that we amend the information that you have provided to us to make it accurate and complete. 

SMS Opt-In

By providing your phone number during enrollment, you agree to receive a verification text message with a one-time passcode from Health Conscious. Message and data rates may apply. 

Information about International Transfers

If you are visiting our Site from outside the United States, please be aware that your Information will be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. You may also be re-directed to a Site that we maintain in a different country.  The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that Evolve Personal Health does take steps pursuant to laws in the United States to ensure that your privacy is protected.  By visiting our Site or using our Sites, you understand that your Information will be transferred to our facilities and those third parties with whom we share it as described in this Privacy Policy.

Your European Privacy Rights

While we do not provide market the Site to those who reside in the Europe Economic Area (the “European Union” or “EU”), we will provide accommodations for the exercise of your rights provided under data protection laws of the EU, including the General Data Protection Regulation (the “GDPR”).  By visiting our Site or using the Health Conscious by Evolve mobile application, you are consenting to the transfer of your information from your jurisdiction to the United States.

If you are entitled to privacy rights under the GDPR, you are entitled to:

Transparency and the right to information. Through this policy we explain how we use and share your information. However, if you have questions or concerns you can contact us any time.

Right of access, objection, restriction of processing, erasure, and portability. You also have the right to withdraw your consent at any time when we process your personal data based on your consent. To exercise these rights, please contact us.

Right to opt-out to direct marketing. While we currently do not do such marketing, you have the right to opt-out at any time to receiving marketing materials from us by following the opt-out instructions in our commercial emails, by contacting us, or by adjusting your preferences on the Site.  Please note that we reserve the right to send you other communications, including Site announcements and administrative messages relating to your Evolve Personal Health account, without offering you the opportunity to opt out of receiving them.

Right not to be subject to an automated decision, including profiling. We do not make automated decisions using your personal data that may negatively impact you. We use cookies and similar technologies on our Site to personalize your experience on the Site.

Right to lodge a complaint with a supervisory authority. If you consider that the processing of your personal data infringes your privacy rights according to the European Data Protection law, you have the right to lodge a complaint with a supervisory authority, in the member state of your habitual residence, place of work, or place of the alleged infringement.

Your California Privacy Rights

Shine the Light Law. California Civil Code Section 1798.83, also known as the “Shine the Light” law, permits users of the Site who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. California residents who have an established business relationship with us may make a written request to us about whether we have disclosed any personal information to any third parties for the third parties’ direct marketing purposes during the prior calendar year.   To make such a request, please email support@evolveph.com.

California Consumer Privacy Act (“CCPA”). California consumers have the right to request: the categories of personal information we have collected about consumers; the categories of sources from which the personal information is collected; the business or commercial purpose of collecting or selling personal information; the categories of third parties with whom we share or sell personal information; the categories of personal information about consumers that we have sold; the specific pieces of personal information we have collected about a consumer; right to request deletion of their personal information, the right to opt out of the sale of their information, and the right not to be discriminated against for exercising these rights.

In the twelve (12) months preceding the effective date of this Privacy Policy, we may have collected or received, from users of the Site and from third parties in connection with providing the Site, information about California consumers in each of the following categories and disclosed the information to our service providers for business purposes.

• Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.

• Categories of personal information described in subdivision (e) of Section 1798.80.

• Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

• Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement.

• Geolocation data.

• Audio, electronic, visual, thermal, olfactory, or similar information.

• Professional or employment-related information.

• Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99).

• Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Do Not Track Technologies

Some browsers may have settings to request that websites “Do Not Track” your activity or usage.  At this time, our Site may not will accommodate these technologies and your requests may not be able to be honored on our Site.  We do use cookies and other technologies to track your usage and other information about your visit to our Site.  If “Do Not Track” settings are accommodated, your information that may be collected by your visit to the Site will not be saved and you may not have full functionality of the use of the Site.

Retention Periods and Deletion

Evolve Personal Health retains your Information to the extent necessary to reasonably provide the Site and the functionality needed for the requirements of the Site and the Health Conscious by Evolve mobile application and related requirements, to meet our compliance and legal obligations, to enhance security and fraud prevention, and for audit purposes.  We will keep your Information until you no longer participate as a user of the Site and thereafter as provided in this policy, and in accordance with our Terms of Use.

How We Protect Your Personal and Health Information

We want you to feel confident about using our Site, and we are committed to protecting the personally identifiable information and PHI we collect. While no website can guarantee security, we have implemented appropriate administrative, technical, and physical security procedures to help protect the personally identifiable information and PHI you provide to us. For example, only authorized employees are permitted to access personally identifiable information and PHI of users and they only may do so for permitted business functions. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized personnel have access to personally identifiable information and PHI that you have provided to us.  In addition, we use encryption when transmitting your personally identifiable information and PHI between your system and ours, and we, together with our partners, employ firewalls and intrusion detection systems to help prevent unauthorized persons from gaining access to your personally identifiable information and PHI.  You should bear in mind that submission of Information over the Internet is never entirely secure. We cannot guarantee the security of Information you submit via our Site while it is in transit over the Internet, and any such submission is at your own risk.

Children’s Privacy

The Site is not a general audience Site;  we do not offer subscriptions or services to individuals under 18 years of age.  No one under the age of 18 may provide any Information to or on the Site. We do not knowingly collect personally identifiable information or PHI from individuals under 18.  If you are under 18, do not use or provide any Information on this Site or on or through any of its features, do not register on this Site, use any of the features of this Site, or provide any Information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. Should an individual whom we know to be under the age of 18 send personally identifiable information or PHI to us, we will delete or destroy it as soon as reasonably possible. If you believe we might have personally identifiable information or PHI, contact us.

Changes to this Privacy Policy

Evolve Personal Health may update this Privacy Policy in the future. We will notify you about material changes to this Privacy Policy by either sending a notice to the email address you provided to us and/or by placing a prominent notice on the Site.

How You Can Contact Us

If you have questions about this Privacy Policy, please contact us at support@evolveph.com or by mail at:

Evolve Personal Health, Inc., 3702 W Spruce St #1641, Tampa, FL 33701

Please provide your identification and contact details, including your email address used to register with this Site, and a complete explanation of your concern.

[Last Updated on June 16, 2023]