Privacy Policy – California Supplement

Last Updated: 31 December 2019

INTRODUCTION

If you are a California resident, then this Supplement to our Privacy Policy may apply to you. If there is a capitalized word that we didn’t define in this Supplement, then we are using the definition in the Privacy Policy.

CCPA

  1. Scope.
    1. This section 2 is intended to describe our practices and your rights under the California Consumer Privacy Act of 2018 (“CCPA”). This Supplement provides rights and other terms relating to CCPA Personal Information (defined below) that are in addition to those provided in our Privacy Policy. These additional rights and other terms are only available to California residents about whom we collect CCPA Personal Information. This Supplement takes precedence over the Privacy Policy with respect to CCPA Personal Information for California residents if there is a conflict between the two.
    2. In this Supplement, when we talk about “CCPA Personal Information”, we mean information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household as set forth in the CCPA.
    3. You should be aware that CCPA Personal Information doesn’t include:
      1. Publicly available information from government records,
      2. De-identified or aggregated consumer information, and
      3. Information excluded from the CCPA’s scope, such as:
        1. Protected Health Information under HIPAA (with Protected Health Information being more fully defined in the Privacy Policy), information subject to the California Confidentiality of Medical Information Act, or clinical trial data; or
        2. “Business to business” information, which is information related to communications or transactions between a business collecting the information and a consumer who is acting on behalf of another business where the communications or transaction relate solely to an exchange of products or services between the two businesses.
    4. Based on this scope, our collection and use of CCPA Personal Information described in this section 2 is limited to visitors to our Sites and visitors to our offices. For more information on our practices related to Personal Information more generally, please refer to our Privacy Policy.
  2. What CCPA Personal Information We Collect.
    1. We have collected the following categories of CCPA Personal Information from consumers within the last 12 months:
    3. CategoryExamples
    IdentifiersA real name, alias, postal address, IP address, email address, account name, and other similar identifiers.
    Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))A name, address or telephone number. Some personal information included in this category may overlap with other categories.
    Internet or other similar network activityBrowsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
  3. How We Collect Your CCPA Personal Information.
    1. We collect each of the categories of CCPA Personal Information listed above in one or more of the following ways:
      1. When you contact us (e.g., from forms you complete on our Sites or information you provide to us when you visit our offices).
      2. Automatically when you use the Services, such as Usage Data.
      3. From other sources, including the Internet and other publicly-available sources and databases, data aggregators, marketing companies, and other third parties. For example, if you are on a third-party website and request information from us, that website will send us your contact information.
  4. How We Use Your CCPA Personal Information.
    1. We may use, disclose, or sell each of the categories of CCPA Personal Information described above for one or more of the following business purposes:
      1. Provide You with Information and Fulfill Your Requests. We may use your CCPA Personal Information to verify your identity or provide you the information, products, and services that you request. For example, we provide information or respond to your questions when you contact us, provide demos of the Services to those who request them, or, if you visit one of our locations, we collect your CCPA Personal Information for purposes of security and visitor management.
      2. Enhance Your Experience. We use your CCPA Personal Information to personalize and enhance your experience when you visit our Sites, such as tailoring content and advertising and remembering your preferences.
      3. Improve the Sites. Your CCPA Personal Information helps us improve the content and functionality of the Sites.
      4. In the Event of a Business Transaction: If we are exploring or go through a business transition or financial transaction, such as a merger, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy, securities offering, or sale of all or a portion of our assets, we may use or sell your CCPA Personal Information in connection with exploring or concluding such transaction.
      5. For Legal Purposes: We will use your CCPA Personal Information when we think it is necessary to investigate or prevent actual or expected fraud, criminal activity, injury or damage to us or others; when otherwise required by law, regulation, subpoena, court order, warrant or similar legal process; or if necessary to assert or protect our rights or assets.
      6. As Described when Collected. As described to you when we collect your CCPA Personal Information or as otherwise set forth in the CCPA.
      7. Sharing of Information. We may share your information internally and with third parties as further described in the How We Share or Sell Your CCPA Personal Information section of this Supplement.
  5. How We Share or Sell Your CCPA Personal Information.
    1. We may share your CCPA Personal Information with the following categories of third parties for a business purpose:
      1. Internally: (e.g., with our affiliates).
      2. With Our Vendors: We may share your CCPA Personal Information with our vendors (including third-party hosting providers) that provide services on our behalf, such as for email marketing, advertising, promotions, newsletters, notices and other communications, or that assist us in monitoring, improving, and hosting the Services.
      3. In the Event of a Business Transaction: If we are exploring or go through a business transition or financial transaction, such as a merger, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy, securities offering, or sale of all or a portion of our assets, we may disclose your CCPA Personal Information to a party or parties in connection with exploring or concluding such transaction.
      4. For Legal Purposes: We will disclose your CCPA Personal Information when we think it is necessary to investigate or prevent actual or expected fraud, criminal activity, injury or damage to us or others; when otherwise required by law, regulation, subpoena, court order, warrant or similar legal process; or if necessary to assert or protect our rights or assets.
    2. We may sell your CCPA Personal Information, subject to your right to opt-out of those sales described below. The CCPA prohibits third parties who purchase CCPA Personal Information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.
    3. In the last 12 months, we have disclosed or sold CCPA Personal Information in each of the categories listed above.
  6. Your Rights and Choices under the CCPA.

    Below please find a description of key rights California consumers have under the CCPA and an explanation of how to exercise those rights with us.

    1. The Right to Know. You have the right to request that we disclose certain information to you about our collection and use of your CCPA Personal Information over the past 12 months. Once we receive and verify your request, we will disclose to you:
      1. The categories of CCPA Personal Information we collected about you.
      2. The categories of sources for the CCPA Personal Information we collected about you.
      3. Our business or commercial purpose for collecting or selling that CCPA Personal Information.
      4. The categories of third parties with whom we share that CCPA Personal Information.
      5. The specific pieces of CCPA Personal Information we collected about you (also called a data portability request).
      6. If we sold or disclosed your CCPA Personal Information for a business purpose, two separate lists setting out:
        1. sales, identifying the CCPA Personal Information categories that each category of recipient purchased; and
        2. disclosures for a business purpose, identifying the CCPA Personal Information categories that each category of recipient obtained.
    2. The Right to Deletion.
      1. You have the right to request that we delete any of your CCPA Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and verify your request, we will delete (and direct our service providers to delete) your CCPA Personal Information from our records, unless an exception under the CCPA applies.
      2. We may deny your deletion request for reasons permitted by the CCPA. For example, if the information is excluded from the CCPA or does not constitute CCPA Personal Information, such as Protected Health Information held on behalf of a Provider who uses our Systems or Services. Please submit all requests related to your Protected Health Information directly to your Provider. We may also deny your deletion request if the information is required to complete the transaction for which the information was collected or to provide you with requested goods or services.
    3. Exercising Your Right to Know and Right to Deletion.
      1. To exercise your Right to Know and Right to Deletion, please submit a request to us at the Contact Information below.
      2. Only you or an authorized representative may make a request related to your CCPA Personal Information. You may also make a request on behalf of your minor child.
      3. You may only make a Right to Know or Right to Delete request twice within a 12-month period. The request must:
        1. Provide sufficient information that allows us to reasonably verify you are the person about whom we collected CCPA Personal Information or an authorized representative.
        2. Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
      4. We will take steps to verify your identity before processing your Right to Know or Right to Delete request. If you have an account with us, we will use our existing account authentication practices to verify your identity. If you do not have an account with us, we may request additional information about you so that we can verify your identity. We will only use the CCPA Personal Information you provide to us in response to this request to verify your identity and to process your request, unless you initially provided the information for another purpose.
      5. You may use an authorized agent to submit a Right to Know or Right to Deletion request. When we verify your agent’s request, we may verify both your and your agent’s identity and request a signed document from you that authorizes your agent to make the request for you. To protect your CCPA Personal Information, we reserve the right to deny a request from an agent that does not submit adequate proof that you authorized them to act for you.
      6. We cannot respond to your request or provide you with CCPA Personal Information if we cannot verify your identity or authority to make the request and confirm the CCPA Personal Information relates to you.
    4. Response Timing and Format. Once we have verified a request from a California consumer, we will try to respond within 45 days. If we need more time, we will tell you in writing why and how much longer we need, either by mail or electronically (based on your choice). Our responses will include the CCPA-required information.
    5. CCPA Personal Information Sales Opt-Out Rights. You have the right to opt out of the sale of your CCPA Personal Information. If you do not affirmatively opt out, and you are not a minor (less than 16 years of age), your CCPA Personal Information may be sold as disclosed in this Supplement. You (or your authorized representative) may submit your request to opt out of the sale of your CCPA Personal Information by clicking here or by emailing privacy@modmed.com.
    6. Non-Discrimination. We will not discriminate against you for choosing to exercise any of your CCPA rights, including with respect to the pricing of any Services. If you exercise certain CCPA rights, understand that you may be unable to use or access certain features of the Services. Additionally, please note that we may still charge you a different price or rate for Services, including through granting of discounts or other benefits, for reasons unrelated to your exercise of these rights, unless prohibited by the CCPA.

SHINE THE LIGHT

California Civil Code Section 1798.83 gives California residents the rights to request certain information regarding our disclosure of their Personal Information (as defined in the Privacy Policy) to third parties for those third parties’ direct marketing purposes. We may share your Personal Information with affiliated third parties, some of which do not share the name of Modernizing Medicine, for their own direct marketing purposes. You may request information regarding the disclosure of your Personal Information to third parties for those third parties’ direct marketing purposes by contacting us at the Contact Information set forth below.

CHANGES TO OUR PRIVACY NOTICE OR THIS SUPPLEMENT

We may change this Supplement at any time. Unless we say otherwise, changes will be effective upon the last updated date at the top of this Supplement. Please check this Supplement regularly to ensure that you are aware of any changes. We may try to notify you of material changes to this Supplement, which if we do so may be by means such as by posting a notice directly on the Sites, by sending an email notification (if you have provided your email address to us), or by other reasonable methods. In any event, your use of the site after changes to this Supplement means you have accepted the changes. If you do not agree with the changes, immediately stop using the Sites.

CONTACTING US

If you have any questions or comments about this Supplement, including how we collect and use your CCPA Personal Information or your choices and rights regarding such use, or if you wish to exercise your rights under California law, please contact us by either:

  1. Calling us at 1-866-799-2146 and asking to speak with the Privacy Officer;
  2. Emailing privacy@modmed.com; or
  3. Writing us at:

    4. Modernizing Medicine, Inc.
    4850 T-Rex Avenue, Suite 200
    Boca Raton, Florida 33431
    Attention: Privacy Officer
    1-866-799-2146

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