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Privacy Policy

Effective Date: May 2022

1.Introduction

 

This Privacy Policy (“Privacy Policy”) is incorporated by reference into Trellus Health, Inc.’s (“Trellus Health”) Customer Terms of Use and Healthcare Provider Terms of Use (collectively “Terms of Use”) regarding Trellus Health’s use of the information you provide as part of your use of the Site and Services (as such terms are defined in the Terms of Use). Any capitalized term used but not defined in this Privacy Policy shall have the meaning in our Terms of Use. BY USING OR OTHERWISE ACCESSING THE SERVICES, AND/OR BY CREATING AN ACCOUNT WITH US, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS PRIVACY POLICY, UNDERSTAND ITS TERMS, AND AGREE TO BE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, YOU ARE NOT PERMITTED TO USE OR ACCESS THE SITE OR THE SERVICES IN

ANY WAY. This Privacy Policy does not apply to information created or collected by any other website or digital service that you may be able to access through the Services or any website or digital services of Trellus Health’s business partners, each of which may have data collection, storage and use practices and policies that may differ from this Privacy Policy.

 

YOU HEREBY CONSENT TO THE COLLECTION, USE, AND SHARING OF YOUR INFORMATION (INCLUDING INFORMATION THAT MAY BE CONSIDERED PRIVATE OR SENSITIVE) AS DESCRIBED IN THIS PRIVACY POLICY. IF YOU USE THE SERVICES ON BEHALF OF SOMEONE ELSE (SUCH AS YOUR CHILD) OR AN ENTITY (SUCH AS YOUR EMPLOYER), YOU REPRESENT THAT YOU ARE AUTHORIZED BY SUCH INDIVIDUAL OR ENTITY TO ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF.

 

Information that you provide to Trellus Health through your account or in any other manner, including, without limitation, “Personal Information” as defined herein and other information regarding your IBD or any other health conditions or treatments, does not constitute Protected Health Information and is not subject to the laws and regulations governing the use and disclosure of health information, including the Health Insurance Portability and Accountability

 

 

Act of 1996, as amended from time to time, together with the regulations adopted thereunder ("HIPAA") because Trellus Health is not a healthcare provider and Trellus Health is not providing health care services. Nevertheless, when we store, or process your information related to your specific health condition, we will treat such information confidentially and in accordance with applicable state law related to the privacy of health information. Trellus Health will take reasonable and appropriate measures to safeguard the confidentiality, integrity, and security of such information, and Trellus Health will not disclose your information unless it has been de-identified.

 

2.Information We Collect

 

  1. Information We Collect from You

 

As a condition to receiving all or a portion of the Services, we may ask you to provide us certain information that personally identifies you or could be used to personally identify you (“Personal Information”). Personal Information includes (but is not limited to) the following categories of information: (1) e-mail address, mailing address, billing address, full name, phone number and other identifying information; (2) demographic data (such as your gender, your date of birth and your zip code); (3) information regarding your past and present Healthcare Providers, such as the Healthcare Providers you have visited, your reasons for visit, your dates of visit, your medical history, and other medical and health information you choose to share with us; and (4) other identifying information that you voluntarily choose to provide to us, including without limitation unique identifiers such as passwords. Personal Information includes any information in the foregoing categories that is sent via the Site or as part of the Services as well as any applicable information that is sent via emails, letters or text messages. We may also collect additional information, which may be Personal Information, as otherwise described to you at the point of collection or pursuant to your consent.

 

2.2Information We Collect Automatically

 

We may automatically collect the following non-personally identifiable information about your use of the Site: domain name; browser type and mobile operating system; IP address and/or cellular network device ID; and features of the Site used. In addition, some features of the App require location services to be enabled on your mobile device, meaning we may temporarily collect location information as reported by your mobile device (“Location Data”) to provide the features,

 

 

you requested. If you would prefer not to send us Location Data, you should disable location services on your mobile device before using the App or Site, with the understanding that any features that require Location Data to function will be disabled as a result. Additionally, we may use the technologies described below ("Engagement Tools") to gather information necessary to enhance and operate our Services in a number of ways, such as to (i) save user preferences and information;(ii) preserve session settings and activity; (ii) authenticate users; (iv) enable support and security features; (v) tailor the delivery of informational messages, media, advertising and other content; and (vi) analyze the performance and use of our Services and its various features and content.

 

Device Information. When you interact with our App and/or Services, we collect information about your computer, mobile phone, or tablet (“Device”) such as the URL of services your Device is requesting and the referring web pages, your IP address, Device type, operating system, browser type, application identifier, and, under certain circumstances, the location information your Device sends to us.

 

Cookies & Similar Technologies. We may also collect information about you and your Devices through cookies, web beacons, and similar technologies. A "cookie" is a small data file sent from a website and stored on your Device to identify your Device in the future and allow for an enhanced personalized user experience based on your previous activity on the website. A "session cookie" disappears after you close your web browser or may expire after a fixed period. A "persistent cookie" remains after you close your web browser and may be accessed every time you use our Services. We may use both session and persistent cookies on our Services. You should consult your web browser to modify your cookie settings. Please note that if you delete or choose not to accept cookies from us, you may not be able to use certain features of our Services.

 

2.3Traffic Data

 

We also may automatically collect certain data when you use the Services, such as (1) IP address; (2) domain server; (3) type of device(s) used to access the Services; (4) web browser(s) used to access the Services; (5) referring webpage or other source through which you accessed the Services; (6) geolocation information; and (7) other statistics and information associated with the interaction between your browser or device and the Services (collectively “Traffic Data”). Some Traffic Data may be considered Personal Information.

3.How We Collect Information

 

We collect information (including Personal Information and Traffic Data) when you use and interact with the Services, and in some cases from third party sources. Such means of collection include:

 

  • When you use the Services’ interactive tools, such as searching for Content

and completing assessments and tasks prior to Trellus Team appointments.

  • When you voluntarily provide information in free-form text boxes through the Services or through responses to surveys, questionnaires, and the like.

  • If you download and install certain applications and software we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Services, such as information regarding when you are logged on and available to receive updates or alert notices; If you download our mobile application or use a location-enabled browser, we may receive information about your location and mobile device, as applicable;

  • Through cookies, web beacons, website analytics services and other tracking technology (collectively, “Tracking Tools”), as described below; and

  • When you use the “Contact Us” function on the Site, send us an email or otherwise contactus.

 

4.Tracking Tools and “Do Not Track”

 

  1. Tracking Tools

 

We and third parties use cookies and Tracking Tools. We use first- and third-party Tracking Tools to collect information including your Personal Information, as well as usage and demographic information about you over time. Third parties (e.g., advertising partners), collect such information, such as your name, address, email address, gender, telephone number, unique identifiers, preferences, etc., via these technologies. We and third parties may use browser cookies which are stored on your computer in a file. In addition, we and third parties may also collect and store your information (including Personal Information) via web beacons, remarketing

 

 

pixel tags, and Flash cookies that are placed in the code of a web page or email or which access your browsing activity. Where cookie technologies may not be available (for example in mobile applications), we and third parties may use technologies that perform similar functions to cookies that link identifiers used for advertising on mobile applications to an advertising cookie to coordinate ads across your mobile apps and mobile browser. We may use cross device tracking, Bluetooth low energy beacons, i-beacons, audio beacons and digital fingerprinting to identify and track you when you use different devices. By using the Site, you consent to the use of cookies and Tracking Tools described in this Privacy Policy.

 

We may use a type of advertising commonly known as interest-based or online behavioral advertising. This means that some of our partners use Tracking Tools to display Trellus Health ads on other websites or services based on information about your use of the Services or your interests (as inferred from online activity). Such partners may include third-party service providers, advertisers, advertising networks or platforms, and agencies.

 

4.2Options for Opting out of Cookies and Mobile Device Identifiers

 

Some web browsers (including some mobile web browsers) allow you to reject cookies or to alert you when a cookie is placed on your computer, tablet, or mobile device. You may be able to reject mobile device identifiers by activating the appropriate setting on your mobile device. Although you are not required to accept Trellus Health’s cookies or mobile device identifiers, if you block or reject them, you may not have access to all features available through the Services.

Please note that even after opting out of interest-based advertising, you may still see Trellus Health advertisements that are not interest-based (i.e., not targeted toward you). Also, opting out does not mean that Trellus Health is no longer using Tracking Tools — Trellus Health still may collect information about your use of the Services even after you have opted out of interest-based advertisements and may still serve advertisements to you via the Services based on information it collects via the Services.

 

4.3How Trellus Health Responds to Browser “Do Not Track” (DNT) Signals

 

Some browsers have a Do Not Track (“DNT”) feature that lets you tell websites that you do not want your online activities tracked. When you choose to turn on the DNT setting in your browser, your browser sends a special signal to websites, ad networks, plug-in providers, and

 

 

other web services you encounter while browsing to stop tracking your activity via cookies or other Tracking Tools. Trellus Health does not proactively monitor or respond to DNT signals.

 

5.Trellus Health’s Use of Information

 

We use the information that we gather about you for the following purposes:

 

  1. To provide our services to you, to communicate with you about your use of our services, and for other customer service purposes. We use information, including Personal Information and health-related information that you provide to us to provide the Services and to help improve the Services, to develop new services, and to advertise (for example, to display Trellus Health ads on other websites).

 

  1. To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the App. As part of the Services, you may

receive email, mobile phone notifications and other communications from us, such as communications relating to your account. Communications relating to your account will only be sent for purposes important to the Services, such as password recovery and expiring account notices. By creating an account, you are, by default, opted in to receiving promotional email communications from us. Upon downloading our mobile application, you will be provided the option to opt in to receiving push notifications or in-app notifications from us on your mobile device. We may use your name, and email address, or mobile device identifiers to send you email messages, text messages, in-app messages or push notifications regarding advertising new services offered by Trellus Health. In addition, we may present offers to you on behalf of third-party partners. If you engage with such offers or advertisements (e.g., clicking on a banner ad), we may share your name, address, credit card information and other identifying information with this third party.

 

  1. To better understand how users access and use our App, both on an aggregated & individualized basis, in order to improve our App and respond to user desires and

preferences, and for other research and analytical purposes. Our customer service representatives may use your telephone number, e-mail address, mobile device identifier

 

 

and other identifying information to contact you. Trellus Health reserves the right to use the information collected from the Site to send pricing, advertisements, and information about third-party partners on behalf of third-party partners.

 

  1. We may use your information to fulfill our legally required obligations, such as preventing, detecting, and investigating security incidents and potentially illegal or prohibited

activities.

 

 

  1. Anonymous, aggregate, and/or de-identified or partially de-identified information for research,  analytics,  and  reporting.  In  most  cases,  we  will  ask  for  your  written

authorization before using your personal health information or sharing it with others in order to conduct research. However, in some circumstances, we may use and disclose your personal health information without your written authorization if and an Association for the Accreditation of Human Research Protection Programs-certified Institutional Review Board determines that the particular research protocol poses minimal risk to privacy. Your name or identity will never be shared or used publicly without your authorization.

 

We may use and disclose your health information if we have removed information that has the potential to identify you, known as “completely de-identified” health information, for research, public health, and specific company operations.

We may use and disclose your health information if we have removed all direct identifiers, but may include zip code, dates of birth, admission and discharge, known as “partially de-identified” health information, for research, public health, and specific company operations if the person who will receive the information signs an agreement to protect the privacy of the information.

 

  1. User profile information including your username and other information you enter may be displayed to other users to facilitate user interaction within the Services.

 

6.Disclosure of Information

 

In certain circumstances, consistent with your authorization, and to perform the Services, we may disclose certain information (including Personal Information) that we collect from you:

  • Business Affiliates. We may share your Personal Information with our partners to

customize or display advertising. We may also share your Personal Information and Traffic Data with our partners who perform operational services (such as hosting, billing, fulfillment, data storage, security, insurance verification, Website analytics, or ad serving) and/or who make certain services, features or functionality available to our users.

  • Business Transfers. If we are acquired by or merged with another company, if

substantially all our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company. However, if we do so, their use and disclosure of your personally identifiable information will be subject to this Policy

  • In Response to Legal Process. We may share your Personal Information or any

other information we collect about you if we determine in good faith that such disclosure is needed to: (1) comply with or fulfill our obligations under applicable law, regulation, court order or other legal process; (2) protect the rights, property or safety of you, Trellus Health or another party; (3) enforce the Agreement or other agreements with you; or (4) respond to claims that any posting or other content violates third-party rights.

  • Anonymous,  Aggregate,  and  De-Identified  Information.  We  may  disclose

information that is not Personal Information or health and other Personal Information that has been de-identified and/or aggregated at our discretion.

 

7.Public Information; Public Forums

 

You agree that any information that you may reveal in a review posting or online discussion or forum is intentionally open to the public and is not in any way private. Do not disclose information in these public forums that might be considered confidential or proprietary or that you do not

 

 

wish to be publicly available or that you are prohibited from disclosing. We strongly recommend against sharing any personally identifiable, health, or other sensitive information that could directly or indirectly be traced to any individual, including themselves. We do not undertake any review of posts or online discussions to determine if any Personal Information is included in such posts or online discussions; provided that Trellus Health will review posts or online discussions that are flagged for inappropriate content such as the inclusion of Personal Information.

 

8.Surveys, Feedback, Informational Programs:

 

From time to time, you may receive survey requests through emails or displays within our Services that request feedback on a variety of topics. These programs may be sponsored or funded by third parties and may include branded or unbranded content about medical conditions, treatments and products, or

safety and regulatory information resources. If you choose to engage with or use one of these requests, you may be asked to provide information that may be used to supplement information that you submitted to our Services. This information may be shared with the sponsor of the program.

 

9.Third Party Analytics

 

We may use automated devices and applications to evaluate usage of our App. We also may use other analytic means to evaluate the services provided via our App. We use these tools to help us improve our services, performance, and user experiences. We do not share your personal information with these third parties.

 

10.Storage and Security of Information

 

We have implemented commercially reasonable precautions, including, where appropriate, password protection, encryption, SSL, firewalls, and internal restrictions on who may access data to protect the personal information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security. Accordingly, we cannot guarantee the security of information stored on or transmitted to or from our Services.

 

You should take steps to protect against unauthorized access to your username, password, and mobile device, by among other things, signing out of the App or Site once your session is complete, choosing a robust password that nobody else knows or can easily guess, and keeping your username and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity. You should change your password and contact us immediately if you believe your password has been compromised or there has been any unauthorized access to your account.

 

 

11.Controlling Your Personal Information & Notifications

 

If you have an account, you can modify certain Personal Information or account information by logging in and accessing your account. If you wish to close your account, please email us at support@trellushealth.com. Trellus Health reserves the right to retain information from closed accounts, including to comply with law, prevent fraud, resolve disputes, enforce the Agreement, and take other actions permitted by law.

 

You must promptly notify us if any of your account data is lost, stolen or used without permission.

 

12.Information Provided on Behalf of Children and Others

The Services are not intended for use by children under the age of 14 and children under the age of 14 are prohibited from using the Services. Trellus Health does not knowingly collect any information from children under the age of 14, nor are the Services directed to children under the age of 14. By accessing, using and/or submitting information to or through the- Services, you represent that you are not younger than age 14. If you use the Services on behalf of another person, regardless of age, you agree that Trellus Health may contact you for any

communication made in connection with providing the Services or any legally required communications. You further agree to forward or share any such communication with any person for whom you are using the Services on behalf. Contact you for any communication made in connection with providing the Services or any legally required communications. You further agree to forward or share any such communication with any person for whom you are using the Services on behalf.

 

13.Third Party Websites

 

Our App or Site may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites. A link to any third-party site does not mean that we endorse it, or the quality or accuracy of information presented on it.

 

  1. Updates and Changes to Privacy PolicyWe may change this Privacy Policy at any time, as we deem appropriate. Upon any such change, we will post the amended Privacy Policy on the Site; we may also attempt to notify you in some other way. Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement of the Privacy Policy, the modification, and agreement to abide and be bound by the Privacy Policy, as amended. We encourage you to periodically review this Privacy Policy. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THIS PRIVACY POLICY, INCLUDING FOLLOWING ANY SUCH MODIFICATIONS HERETO, THEN YOU MUST STOP USING THE SITE AND THE SERVICES.

 

15.Contacts

 

If you have any comments, concerns, or questions about this Privacy Policy, please contact us at Info@trellushealth.com or at:

 

Trellus Health, Inc.

44 South Broadway, Ste 100 White Plains, NY 10601

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