LabsMD ("we", "us" or "our") respects your privacy and we are committed to protecting it through our compliance with this Privacy Notice. We have created this Privacy Notice to inform you of our policies regarding the collection, use and disclosure of personal information and the choices you have associated with that information.
This Privacy Notice applies to all personal information collected through any written, electronic, or oral communications, and collected online or offline as you:
We may modify this Privacy Notice at any time, without prior notice, and changes may apply to any Personal Information we hold about you, as well as any new Personal Information collected after the Privacy Notice is modified. If we make changes, a revised Privacy Notice will be posted to our Sites; the date of the last revision is included at the top of the page. Changes will be effective immediately upon posting of the modified terms & conditions. We'll notify you of changes via our regular email newsletter. Members are responsible for ensuring we have an up-to-date active and deliverable email address to reach them. Your continued use or revisitation of our Sites or the Services following the posting or notice of a revised Privacy Notice means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
We also may provide additional "just-in-time" disclosures or additional information about the data collection, use and sharing practices of specific Services. Such notices may supplement or clarify our privacy practices or may provide you with additional choices about how we process your personal information.
Our Sites are offered and available to users who are 18 years of age or older. By using the Sites, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract with us. If you do not meet all of these requirements, you must not access or use our Sites.
1. INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
We collect personal information when you use our Sites and our Services. Personal information is any information that relates to you, identifies you personally or could be used to identify you including, but not limited to: your name, mailing address, email address, telephone number, or any other information defined as "Protected Health Information" under HIPAA laws and regulations.
The types of personal information that we may collect include, but are not limited to: the information you provide to us, information collected automatically about your use of our Sites, information from third parties, including our business partners.
Information You Voluntarily Provide to Us
The personal information we collect from you may include:
You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Sites, or transmitted to other users of our Sites or third parties (collectively, "User Content"). Your User Content is posted on and transmitted to others at your own risk. We cannot control the actions of other users of the Services with whom you may choose to share your User Content. Therefore, we cannot and do not guarantee that your User Content will not be viewed by unauthorized persons.
Information From Third Parties
When you interact with any of our accounts on a social media platform, we may collect the personal information that you or the platform make available to us on that page or account, including your social media account ID and/or user name associated with that social media service, your profile picture, email address, friends list or information about the people and groups you are connected to and how you interact with them, and any information you have made public in connection with that social media service. The information we obtain depends on your privacy settings on the applicable social media service; we will comply with the privacy policies of the social media platform and we will only collect and store such personal information that we are permitted to collect by those social media platforms. When you access our Sites through social media services or when you connect the Services to social media services, you are authorizing LabsMD to collect, store, and use such information and content in accordance with this Privacy Notice.
Information Collected Automatically
As you navigate through and interact with our Sites, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:
2. COOKIES AND OTHER TRACKING TECHNOLOGY
Cookies are small web files that a Sites or its provider transfers to your device's hard drive through your web browser that enables the site's or provider's system to recognize your browser and remember certain information. We use first-party and third-party cookies for the following purposes: to make our Sites function properly, to improve our Sites and Services, to make login to our Sites easier (such as by remembering your User ID), to recognize you when you return to our Sites, to track your interaction with the Sites, to enhance your experience with the Sites and Services, to remember information you have already provided, to collect information about your activities over time and across third party websites or other online services in order to deliver content and advertising tailored to your interests; and to provide a secure browsing experience during your use of our Sites. The length of time a cookie will stay on your browsing device depends on whether it is a "persistent" or "session" cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your browsing device until they expire or are deleted (i.e. after you have finished browsing).
We may use third-party Service Providers (defined below) to monitor and analyze the use of our Sites. Presently, we use Google Analytics. Google Analytics is a web analytics service offered by Google LLC ("Google") that tracks and reports site traffic. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics, available at: https://tools.google.com/dlpage/gaoptout.
Other Tracking Technologies
We may also use Tracking Technologies to collect "clickstream" data, such as the domain name of the service providing you with Internet access, your device type, IP address used to connect your computer to the Internet, your browser type and version, operating system and platform, the average time spent on our Sites, webpages viewed, content searched for, access times and other relevant statistics, and assign unique identifiers to the device or other credentials you use to access the Sites for the same purposes.
Pages of our Sites and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Your browser may provide you with the option to refuse some or all browser cookies. You may also be able to remove cookies from your browser. You can exercise your preferences in relation to cookies served on our Sites by taking the steps outlined below.
We do not control third parties collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. In addition, most web browsers provide help pages relating to setting cookie preferences. More information may be found for the following browsers here:
Do Not Track
Some Internet browsers, such as Internet Explorer, Firefox, and Safari, include the ability to transmit "Do Not Track" or "DNT" signals. Since uniform standards for "DNT" signals have not been adopted, our Sites do not currently process or respond to "DNT" signals.
3. HOW WE USE YOUR INFORMATION
We will only use your personal information as described in this Privacy Notice or as disclosed to you prior to such processing taking place. The purposes for which we may use your personal information include:
We may also use your information to contact you about our own and third parties goods and services that may be of interest to you. If you do not want us to use your information in this way, please email us at [email protected] to opt out.
We may use the information we have collected from you to enable us to display advertisements to our advertisers target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Only our physicians, employees and staff members will have access to your personal health information (PHI). We will not forward results to your physician or other agencies unless required by state law to do so.
4. SHARING AND DISCLOSURE OF PERSONAL INFORMATIONWe may share or disclose your personal information in the following circumstances:
Please note that we may disclose, without restriction, aggregated or anonymized information about our users, which is information that does not identify any specific individual.
5. MARKETING COMMUNICATIONS
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
If you do not wish to have your email address or other contact information used by us to promote our own or third parties products or services, you can opt-out by sending an email stating your request to [email protected]. You may also choose to stop receiving our promotional or marketing communications by following the "unsubscribe" instructions included in these messages. This opt out does not apply to information provided by us as a result of a product purchase, warranty registration, product service experience or other transactions.
Please note that "opt-out" and "unsubscribe" requests may not take effect immediately and may take a reasonable amount of time to receive, process and apply, during which time your information shall remain subject to the prior privacy settings. Additionally, you should be aware that any information provided to third parties prior to your election to opt-out or unsubscribe will not be retrieved or rescinded, unless required by applicable law.
6. KEEPING YOUR PERSONAL INFORMATION ACCURATE AND DELETION
We are committed to ensuring that your personal information is kept accurate and up to date. However, it is up to you to update it with any changes. You can review and change your personal information by logging into the Sites and visiting your Settings page. You may also send us an email at [email protected] to request access to, or to correct any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you no longer wish to participate in our Services, or no longer wish to have your Personal Information be processed, you may request to delete your account and the information in your account, subject to certain limitations, by emailing us at [email protected]. Once you submit your request, we will send an email to the email address linked to your account requesting that you confirm your deletion request. Once you confirm your request to delete your account and data, your account will no longer be accessible while we process your request. Once you confirm your request, this process cannot be canceled, undone, withdrawn, or reversed. When your Account is deleted, all associated personal information is deleted, unless we are required to maintain it for regulatory and compliance purposes or for a legal or business necessity.
7. YOUR CALIFORNIA PRIVACY RIGHTS
This section applies only to California residents. Pursuant to the California Consumer Privacy Act of 2018 ("CCPA"), below is a summary of the "Personal Information" categories, as identified and defined by the CCPA (see California Civil Code section 1798.140 (o)), that we collect, the reason we collect your Personal Information, where we obtain the Personal Information, and the third parties with whom we may share your Personal Information. We do not generally sell information as the term "sell" is traditionally understood. However, if and to the extent "sale" under the CCPA is interpreted to include advertising technology activities such as those implemented specifically for interest-based advertising, we will comply with applicable law as to such activity.
We generally collect the following categories of Personal Information about you when you use our Sites or Services:
For more information about the Personal Information we collect and how we collect it, please refer to Sections 1 and 2, above.
We collect your Personal Information for the business purposes described in Section 3, above. The CCPA defines a "business purpose" as the use of Personal Information for the business's operational purposes, or other notified purposes, provided the use of Personal Information is reasonably necessary and proportionate to achieve the operational purpose for which the Personal Information was collected or another operational purpose that is compatible with the context in which the Personal Information was collected.
The categories of third parties with whom we may share your Personal Information are listed in Section 4, above.
If you are a California resident, you have rights in relation to your Personal Information; however, your rights are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your Account with us or the security of our network systems.
To assert your right to know or your right to delete your Personal Information, please contact us according to the "Contact Information" section below. To verify your identity, we may ask you to verify Personal Information we already have on file for you. If we cannot verify your identity from the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes.
In addition, California Civil Code section 1798.140 (o) permits users of our Sites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes (if applicable). To make such a request, please send an email or write to us (see Contact Information below).
8. DATA SECURITY
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All personal information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL or other encryption technology, or will use our third party payment processors, who will use appropriate security procedures.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Sites, you are responsible for keeping this password confidential. You should not share your password with anyone. We urge you to be careful about giving out information in public areas of the Sites like message boards. The information you share in public areas may be viewed by any user of the Sites.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Sites. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Sites.
9. INTEGRATION OF THIRD-PARTY PLATFORMS AND SERVICES
The Sites may be linked to, rely on and be integrated with websites, applications, interfaces, services and platforms operated by other companies, including Third-Party Services. The Sites may also feature advertisements from these companies. We are not responsible for the privacy practices of such websites, applications, interfaces, services and platforms operated by third parties that are linked to, rely on and/or integrated with the Sites or for the privacy practices of third party advertising companies. Once you leave this Sites via a link, access a third-party service or click on an advertisement, you should check applicable privacy policies to determine, among other things, how related companies process Personal Information they may collect about you. This Privacy Notice applies solely to information collected by LabsMD.
10. INFORMATION AND SAMPLE RETENTION
We are subject to multiple laws on the retention of information and will retain your information for as long as is reasonably necessary to comply with our business and legal obligations and to meet regulatory and compliance requirements.
11. GEOGRAPHIC RESTRICTION
Our Sites are intended for individuals who are 18 years of age or older and reside in the United States of America. We make no representations that our Sites or Services are appropriate or available for use outside of the United States. If you are a resident of another country, or are accessing the website from outside of the United States, please note that you are transferring data to the United States of America which does not have the same data protection laws as the European Union and other regions.
12. CHILDREN'S PRIVACY
We are committed to protecting the privacy of children as well as adults. A parent or guardian may create an account for, and provide information related to, his or her child who is under the age of 18. The parent or guardian assumes full responsibility for ensuring that the information that he/she provides is kept secure and that the information submitted is accurate.
13. GOVERNING LAW
All disputes arising out of or relating to the Privacy Notice or the purchase, registration, or use of any LabsMD or Services shall be governed by Delaware law regardless of where you access the Sites or the Services, and notwithstanding any conflicts of law principles.
14. PRELIMINARY EQUITABLE RELIEF AND INTELLECTUAL PROPERTY CLAIMS
Either party may bring a claim related to intellectual property rights, or seek temporary or preliminary specific performance or temporary or preliminary injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security.
15. CONTACT INFORMATION
To exercise your rights or to contact us, please email: [email protected]
Updated: March 1st, 2023