Effective Date: 09/21/2023

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, DIAL 9-1-1 AND/OR GO TO THE NEAREST EMERGENCY ROOM.

IF YOU ARE CONTEMPLATING SUICIDE, DIAL 9-1-1 OR CONTACT THE NATIONAL SUICIDE PREVENTION LINE AT 9-8-8.

INTRODUCTION

Caire Women’s Health, Inc. (“Caire Health,” “we,” “our,” or “us”) respects and is committed to protecting your privacy. This Privacy Notice (“Privacy Notice”) describes how we process Personal Information (as defined herein) collected through the Upliv website located www.uplivhealth.com (the “Website”) and in connection with or as part of providing our services, including our patient portal (the “Patient Portal”), or in other online or offline interactions (collectively with the Website and Patient Portal, the “Platform”).  

Notice Regarding Health Information.

Among other things, the Platform facilitates consultation with healthcare providers who provide telehealth services through our affiliated medical practices, including Caire Medical (CA) PC, Caire Medical (CT) PLLC, Caire Medical (NJ) LLC, and Medical Services of New Hyde Park P.C. (collectively, the “Caire Health Practices”). In the course of providing the Platform, we may process individually identifiable health information collected from you or on your behalf, or collected from or on behalf of your health plan or the Caire Health Practices that provide telehealth services to you. This information may include your physical or psychological state of health, medical conditions, genetic information, disease state, medical history, or medical treatment or diagnosis by a health care professional And may be regulated as Protected Health Information (“PHI”) under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, each as amended from time to time, and/or by other federal and state laws protecting the confidentiality of health information. Where this is the case, we act as a service provider (and, with respect to PHI, as a “business associate”) to your health plan and/or the Caire Health Practices.

When you receive access to the Platform as a beneficiary of your health plan, your health plan’s HIPAA Notice of Privacy Practices applies to our collection and use of such information. Please read your health plan’s Notice of Privacy Practices to understand how your PHI can be used and disclosed.

Notice Regarding Changes to this Privacy Notice

‍This Privacy Notice may change from time to time. We strongly encourage you to review our Privacy Notice regularly. If we make a material change to this Privacy Notice, we will attempt to notify you through the Platform or some other means when required by applicable law. Your use of the Platform after we make changes is deemed to be acceptance of those changes, so please check this Privacy Notice periodically for updates. Except to the extent we are required to obtain our consent under applicable law, any changes to this Privacy Notice will be effective immediately upon posting, will apply to all Personal Data we maintain about you, and will supersede all prior notices. If any term in this Privacy Notice is unacceptable to you, please do not download, install, register with, access or use the Platform or provide any Personal Information to us.
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Notice Regarding Third-Party Platforms‍

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Our Platform may contain links to other websites or mobile applications or may be linked to on other websites or mobile applications (“Third-Party Platforms”). Please be aware that any Personal Information you provide on or to a Third-Party Platforms or that is collected by a Third-Party Platform is provided directly to the owner or operator of the Third-Party Platform and is subject to the owner’s or operator’s privacy policy. We do not control and are not responsible for any Third-Party Platform. This Privacy Notice does not apply to information collected by any third party, including Third-Party Platform.  WE ENCOURAGE YOU TO USE CAUTION AND CAREFULLY REVIEW THE PRIVACY POLICIES POSTED ON EACH THIRD-PARTY WEBSITE FOR FURTHER INFORMATION.

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PERSONAL INFORMATION WE COLLECT

For the purposes of this Privacy Notice, “Personal Information” means any information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual.

Sources of Personal Information

We collect Personal Information about you from the following sources:

• Directly from you, such as when you complete our forms or enter your information on our Platform.
• Automatically and through tracking technologies, such as through cookies or other tracking technologies as you navigate through the Platform.
• From third parties, such as the physicians, medical professionals, and pharmacies with whom we partner to provide you with services, including the Caire Health Practices, our service and content providers, your health plan or employer, if the Platform is offered as a benefit to you directly by your employer.

Categories of Personal Information

The Personal Information we collect depends on the context of your interactions with the Platform and the choices you make, the services and features you use, your location, and applicable laws, but can include the following:

• Registration & Account Information:  When you register with the Platform, interact with or use the Platform, we collect your full name, postal address, email address, demographic information such as age, gender, race, ethnicity, national origin, sex information, or other information you provide to us including date of birth, leisure and interest, language and pronoun preferences.
• Log In Credential Information:  When you register with the Platform or log on to the Patient Portal on the Platform, we also collect information such as your credentials to log in to your Platform account.
• Billing and Collection Information: To provide our services on the Platform, we may collect billing information such as your name, postal address, credit card or bank account information as well as relevant insurance information for billing and collection purposes. When you provide or update your payment processing information, we transmit the payment via an encrypted connection to a third-party credit card processor. We do not collect or store your full credit card details.  
• Communication Information: When you connect with us and health care providers who may provide services through the Platform, we collect certain contact and other communication-related information you provide such as your phone number, email address, voice message, and call history. We also collect records and copies of your correspondence (including email addresses) if you contact us, such as when you report a problem with our Platform or other services.
• Medical or Health Information: In order to render services to you, such as through the Patient Portal, we may collect certain health-related information about you. Please review the Notice Regarding Health Information section above for more information about how we use and disclose your medical and health information.
• Audio, electronic, visual, or other sensory information: We may collect electronic documents and/or multimedia such as photos or videos that you store on your device. This information will only be collected from your device if you choose to upload it to the Platform. This information will not be shared with other Platform users or third parties except as described in this Privacy Notice.
• Device Information: When you interact with and use our Platform, we receive information about your device, which may include your web browser type, operating system version, mobile device model, device manufacturer and model, language and regional settings, your Internet Service Provider (ISP), and unique device identifiers.
• Usage Information: We automatically receive information about your interactions with our Platform including details of your visits to our Platform, 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 Platform.
• Details of referring websites (URL): We also use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).
• Location Data: We infer your location from information we collect (for example, your IP address can be used by us to indicate the general geographic region from which you are connecting to the Internet). We aggregate and anonymize your location data at the regional level. We may use location information to provide you with notifications, or other content that is influenced by your location.
• Other Information: We also collect other Personal Information we specifically request or you voluntarily provide, including, for example, digital electronic signatures for record release requests.  

You are not required to provide us with any Personal Information that we request from you. However, failing to or refusing to provide such information may limit what we are able to do for you. For example, without your email address, we may not be able to provide you with important information about the Platform and our services.

HOW WE USE YOUR PERSONAL INFORMATION  

We use the Personal Information we collect for a variety of reasons, including the following:

• To provide you with services, such as connecting you with a health care provider, and provide you with information related to health care plans available through our services, prescriptions, appointments for health care services, your lab orders and any applicable patient education information.
• To complete any transaction you request through the Platform such as when you transmit a request for health services to be provided virtually through a telemedicine session (a “Visit”).
• To communicate with you about our health care services and information, and other services that you may request from us (which may include telephone, voicemail, email, chat, or notifications within the Platform).
• To administer your account, including processing your payments and fulfilling your orders if you receive health care services resulting from your use of the Platform.
• To periodically notify you about changes to our Platform or any services we offer or provide through it.
• 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 us, surveys, newsletters, and other information.  
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To optimize Platform performance.
• 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 help maintain the safety, security, and integrity of our Platform and services, detect, prevent, and respond to security incidents and health and safety issues, and protect against malicious, deceptive, fraudulent, or illegal activity.
• To operate the Platform and perform any services associated with the Platform, including providing you with technical support, a centralized portal of information related to our services, and to improve the Platform and our services and develop new products and services.
• To administer our business, including maintenance of internal business records, management reporting, auditing, and IT security and administration.
• To investigate and respond to suspected illegal activities or fraud.
• To enforce this Privacy Notice 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 Platform.
• To comply with applicable federal, state, and other laws and regulations and respond to law enforcement requests or other valid legal requests and as required by applicable law, court order, or governmental regulations.
• As necessary in connection with the acquisition of assets of another business, or a sale or other transfer of all or a portion of our business or assets, including through a sale in connection with bankruptcy and other forms of corporate change.
• As described to you when collecting your Personal Information.
• For any other purpose with your consent or authorization (where legally required).  
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We may use anonymized, de-identified, or aggregated information for any purpose permitted by law.

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HOW WE DISCLOSE YOUR PERSONAL INFORMATION

We may disclose Personal Information that we collect or that you provide as described in this Privacy Notice:

• To Health Care Providers. Your Personal Information may be shared with the Caire Health Practices and other health care providers, including their representatives or other parties who require such information, to provide you with health and medical services. The health care provider and/or their representative may contact you prior to rendering any services to confirm your request for a Visit and assess whether they are able to complete your request. health care provider include, without limitation, physicians, health care facilities and organizations, pharmacies, and laboratories that provide any services to you. You acknowledge and agree that when health care provider provide services to you, the health care provider and all personnel of their professional entities may see any information you provide.
• Business Partners. We share your information, including your Personal Information within the Platform, with business partners, employees and other parties who require such information to assist us with establishing, maintaining, and managing our business relationship with you.
• Service Providers. We share your information, including your Personal Information with third-party service providers that perform services on our behalf, including to maintain, improve, and optimize of our Platform. Such services may include for example, prescription and lab order fulfillment services, payment processing services, data analytics services, scheduling services, marketing services to provide you promotional or other educational materials when you sign up to receive such information; and electronic medical records management services.
• Professional Advisors. We may disclose Personal Information with third parties that provide us professional advisory services, including but not limited to our lawyers, auditors, accountants, or banks
• Merger, Sale, or Other Asset Transfers. We may disclose your Personal Information to a potential or actual buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding in which personal information held by us about our Platform users is among the assets transferred.
• With Your Consent or Authorization. To anyone for whom you have authorized disclosure of information in this Privacy Notice.
• Legal Obligation. We may use your information, including your Personal Information, to comply with any court order, law, or legal process, including to respond to any government or regulatory request. We may also use your information if we believe disclosure is necessary or appropriate to protect and defend our rights, property, or assets.
• Other. We may use your information for any other purpose disclosed by us when you provide the information or with your consent.  

We may disclose anonymized, de-identified, or aggregated information for any purpose permitted by law.

COOKIES AND OTHER TECHNOLOGIES

When you use our Platform, we collect information from you through cookies, web beacons, web server logs, and similar technologies.

• Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners to make their websites work, better understand how site visitors use the website, and provide more targeted content to its site visitors.
• Pixels, web beacons, and tags are types of code or transparent graphics. In contrast to cookies, which are stored on a user's computer hard drive, pixels, web beacons, and tags are embedded invisibly on web pages. These technologies provide analytical information about the user experience and help us customize our marketing activities.
• Session replay tools, which record your interactions with our Platform, such as how you move throughout our Platform and engage with our webforms. This information helps us improve our Platform and identify and fix technical issues visitors may be having with our Platform.

Cookies created and set by the Platform owner (i.e., Caire Women’s Health, Inc.) are called “first-party cookies.” We use first-party cookies for several reasons. Some cookies are required for technical reasons in order for our Platform to operate and we refer to these as “strictly necessary” cookies.

We use single-session (temporary) and may use persistent cookies. Temporary cookies last only as long as your web browser is open and are used for technical purposes such as enabling better navigation on our Platform. Once you close your browser, the cookie disappears. Persistent cookies are stored on your computer or device for longer periods and are used for purposes including session management (for example, to recognize you and recall your individual login information and preferences) and 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. This information identifies your web browser to our servers when you visit the Website and also helps us to remember your preferences from session to session to provide an enhanced user experience.

For more information on the cookies and similar technologies we use and how you can manage them, please review the “YOUR CHOICES” section below.

YOUR CHOICES

We strive to provide you with choices regarding the Personal Information we collect about you.  We have created the following mechanisms to provide you with control over your information:

• Access and Update Your Personal Information. You may access or update your Personal Information collected through the Patient Portal by visiting your Patient Portal account.
• Opt-Out from Marketing Communication. You can opt out of receiving one of our emails by following the instructions for unsubscribing contained in the emails or by emailing support@uplivhealth.com and asking to be removed from the mailing list. Please allow us ten (10) business days from when the request was received to complete the removal. Please note that even if you unsubscribe from commercial email messages, we may still email you non-commercial (transactional) emails related to your account and your transactions via the Platform.  
• Location Information. You may choose whether or not to allow the Website to collect and use information about your device’s location. You may disable this setting within the settings of your device. However, if you block the use of location information, some parts of the Platform may become inaccessible or limited in function.
• Cookies. The means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser's help menu for more information. Please note that if you disable functional cookies on your browser, some parts of the Services may not work fully.
• Do Not Track. Some web browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Because there is not yet an accepted standard for how to respond to Do Not Track signals, our Platform does not currently respond to such signals. If you want to restrict ads in general on your devices you may opt out from ad tracking by enabling “Limit Ad Tracking” or “Opt Out of Ads Personalization” (as applicable to your device) in your device settings.

DATA SECURITY AND DATA RETENTION

We have implemented physical, technical, and managerial safeguards to protect and secure your information. Unfortunately, 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 us. Any transmission of Personal Information is at your own risk.

We will retain Personal Information collected from you only as long as we need it to fulfill the purposes for which we have initially collected it, unless otherwise required by law. Because these needs can vary for different data types in the context of different services, actual retention periods can vary. When determining the retention period, we take into account various criteria, such as the type of services requested by or provided to you, the nature and length of our relationship with you, the impact on the services we provide if we delete some Personal Information from or about you, and mandatory retention periods provided by law.

CHILDREN’S PRIVACY

We do not knowingly collect, maintain, or use Personal Information from children under 18 years of age, and no part of the Platform is directed to children under the age of 18. If you learn that your child has provided us with Personal Information without your consent, at the email address provided in the “Contact Us” section below. If we learn that we have collected any Personal Information from children under 18, then we will promptly take steps to delete such information.

STATE-SPECIFIC DISCLOSURES

California Residents

At present, the California Consumer Privacy Act of 2018 (CCPA) does not apply to Caire Health. If that were to change in the future, we will update this Privacy Notice.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. You may submit that request to privacy@breathesuite.com.  However, please be aware that we do not disclose your Personal Information to third parties for their own direct marketing purposes.

Nevada Residents

If you are a resident of Nevada, you have the right to opt out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. You can exercise this right by using the information at the “Contact Us” section of this Privacy Notice. Please note, however, that we do not sell Personal Information at this time. If this were to change, we will update our Privacy Notice.

CONTACT US

To ask questions or comment about this Privacy Notice and our privacy practices, please contact us at privacy@caire.health

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