Privacy Policy

Last updated: August 22, 2024

1 - Personal information we collect through the site

We may collect personal information, which identifies you as an individual, through the Site, such as if you register for a Site account or fill out your account profile. Personal information may include, but is not limited to, your name, email address, account information, age, gender, height, weight, chat history and health related information. The Site may also collect Consumer Health Data, as defined and described in Section 7.

2 - Links and site features related to external parties

The Site may include links to other online services, or certain functionalities that allow you to interact with technologies provided by external parties. For example, you may create a Site account using certain social media platform credentials. Additionally, you may interact with chat features that use generative artificial intelligence technologies to display information related to your communications with the chat feature. These links and features involve you directly providing information to the external parties that maintain, operate, and own these features. This Policy does not apply to links, features, or other online services that we do not maintain, operate, or own.

3 - Cookies and other similar technologies

We and our vendors use cookies, web beacons, pixels, APIs, and other similar technologies (collectively “Cookies”) on the Site. Cookies may collect certain information when you interact with the Site or other online services across the internet and over time. This information may include your IP address, the referring URL, the browser you used to visit the Site, the pages of the Site that you viewed during your visit, and any search terms entered on the Site.

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Cookies are generally used to run the Site, optimize the functionality of the Site and its features, enable security features, personalize content for you, perform analytics such as to understand how the Site is used, and facilitate marketing and targeting advertising. We and external parties may combine certain Cookie information with other information we obtain about you.

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Your web browser may have settings that allow you to transmit a “Do Not Track” signal when you visit various websites or use other online services. The Site is not calibrated to receive these “Do Not Track” signals.

4 - Use and disclosure of personal information we collect

We use or disclose (such as to business partners, vendors, and other external parties) your personal information for various purposes, including the following:

For the purposes described at the time of collection of your personal information;
To tailor your experience on the Site, protect the security and reliability of the Site, provide services to you, address your inquiries, and provide customer service;
To provide you with information about us, our products and services, or other products and services in which we believe may be of interest to you, and to provide you with content according to these preferences including through advertising;
To meet our legal obligations, work with law enforcement, to comply with laws, regulations, court orders, to assist in investigations to prevent fraud or other harms, to enforce our rights or agreements with other parties, or to enforce our terms, this Policy, or agreements with third parties; and
In the event we sell or transfer all or a portion of our business assets (e.g., further to a merger, reorganization, liquidation, bankruptcy, or any other business transaction), including negotiations of such transactions.

5 - Your choices

If you have a registered account on the Site, you may be able to manage your personal information in your account settings.

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If you prefer to no longer receive marketing emails from us, you may opt out by using the unsubscribe link located in our emails. Please note, upon opting out of marketing or promotional emails, we might still send you transactional or informational emails.

6 - Data security

We seek to use commercially reasonable security measures to protect the data that resides on our servers from loss, misuse, or alteration. No security system, or system of transmitting data over the internet, can be guaranteed to be completely secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of the means by which data is transmitted between your computer and our servers.

7 - Consumer health data privacy policy

This Consumer Health Data Privacy Policy applies to the Consumer Health Data, including Consumer Health Data Collected through the Site. The information in this Consumer Health Data Privacy Policy supplements the information already provided in the Privacy Policy. This Consumer Health Data Privacy Policy includes (A) a Washington Consumer Health Data Privacy Policy applicable to Washington Consumers, and (B) a section applicable to other Consumer Health Data Laws.

7A - Washington consumer health data privacy policy

This Washington Consumer Health Data Privacy Policy (“Washington Policy”) describes how 365MD Processes the Consumer Health Data of Washington residents and individuals whose Consumer Health Data is Collected in Washington (“Washington Consumers”) pursuant to the Washington My Health My Data Act (“Washington Act”).

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In the event of a conflict between any other policy, statement, or notice and this Washington Policy, this Washington Policy will prevail as to Consumer Health Data Collected under the Washington Act.

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Capitalized terms that are not otherwise defined in this Washington Policy shall be defined as they are in the Washington Act.

I - Consumer health data we collect, use and disclose

“Consumer Health Data” means personal information that is linked or reasonably linkable to a Washington Consumer and that identifies the Washington Consumer’s past, present, or future physical or mental health status.

365MD Collects the following categories of Consumer Health Data about Washington Consumers:

Individual health condition, treatment, disease, or diagnosis information;
Social, psychological, behavioral, and medical intervention information;
Health-related surgery or procedure information;
Use or purchase of prescribed medication information;
Bodily function, vital sign, symptoms, or measurement of physical or mental health status information;
Diagnosis or diagnostic testing, treatment, or medication information;
Gender-Affirming Care Information relating to seeking or obtaining Gender-Affirming Care the Site;
Reproductive or Sexual Health Information relating to seeking or obtaining Reproductive or Sexual Health the Site;
Genetic Data that concerns a Washington Consumer’s characteristics;
Data that identifies a Washington Consumer seeking Health Care the Site; and
Information Processed to associate or identify a Washington Consumer with the data listed above that is derived or extrapolated from non-health information, such as proxy, derivative, inferred, or emergent data by any means, including algorithms or machine learning.

We may Collect the Washington Consumer Health Data described above in a few different ways:

Washington Consumer Health Data that you provide. We may Collect Washington Consumer Health Data that you provide when you use the Site, fill out your account profile, and any other way that you may be able to interact with us.
Washington Consumer Health Data from third-party sources. We may Collect Washington Consumer Health Data from third-party sources including, but not limited to, third-party service providers, Processors, or business partners.
Washington Consumer Health Data Collected with business partners. We sometimes work with other organizations to provide you with the Site.
Drawn from the other information we Collect. Depending on your use of the Site, we may make inferences related to Washington Consumer Health Data.

II - Consumer health data collection and purposes

365MD Collects and uses the Consumer Health Data described above to the extent necessary to provide the Site requested by the Washington Consumer or with the Washington Consumer’s Consent, including:

Provide the Site requested by Washington Consumers, such as providing educational information;
Monitor visits to, and maintain, the Site;
Fulfill your requests related to the Site, such as providing customer support;
Support your use of the Site;
Manage and send transactional communications;
Manage and send marketing communications and to develop marketing strategies for the Site;
Oversee the business development of the Site and research insights to understand how people use the Site;
For legal and regulatory purposes, including to manage legal responses and litigation; and
Prevent, detect, protect against, and respond to security incidents, identity theft, fraud, harassment, malicious or deceptive activities, or any activity that is illegal under Washington state or federal law; comply with law; and preserve the integrity and security of our systems; and investigate, report, or prosecute those responsible for any illegal action under Washington state or federal law.

We may also Collect and use Washington Consumer Health Data for our internal business purposes, such as data analysis, audits, developing new products, enhancing the Site, identifying usage trends, and determining the effectiveness of our promotional campaigns. We may also use inferences drawn from Washington Consumer Health Data to create a profile reflecting your preferences.

Where we require the Washington Consumer’s Consent for Collection for a specified purpose, a description of those purposes is provided to you at the time of Collection.

III - Consumer health data we share and disclose

365MD Shares the categories of Consumer Health Data described in the "Consumer health data we collect, use and disclose" section above to the extent necessary to provide the Site requested by the Washington Consumer, with the Washington Consumer’s Consent, or as legally required, including to: suppliers of services that support the Site, business partners, e-commerce support vendors, government agencies and law enforcement, and analytics and research providers.

We may also disclose Consumer Health Data to:

Our Processors to provide the Site in a manner consistent with the purpose for which the Consumer Health Data was Collected and disclosed;
Parties with whom the Washington Consumer has a direct relationship for the purpose of providing the Site requested by the Washington Consumer, in circumstances where we maintain control and ownership of the data and the party only uses the Consumer Health Data at our direction for the purpose for which the Consumer Health Data was Collected or Consented to; and
External parties as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the party may assume control of all or part of 365MD’s assets.

We will not Sell Consumer Health Data without first obtaining valid authorization from the applicable Washington Consumer.

IV - Your Washington consumer health data rights

If you are a resident of Washington, you have the right to submit certain requests relating to your Consumer Health Data as described below. To exercise any of these rights, please submit a request to support@365md.ai with a subject line of “Washington Consumer Health Data Privacy Request”. Please note that, if you submit a request, you may be asked to log into your account or to verify your identity. If you would like to request us to reexamine requests we were unable to fulfill, please submit a request to support@365md.ai.

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Washington Consumers have the right to:

Confirm whether we are Collecting, Sharing, or Selling your Consumer Health Data;
Access their Consumer Health Data, including a list of all Third Parties and Affiliates with whom we have Shared or Sold the Consumer Health Data and an active email address or other online mechanism to contact these parties;
Withdraw Consent from our Collection and Sharing of their Consumer Health Data; and
Request that their Consumer Health Data be deleted.

If you choose to exercise any of your privacy rights under the Washington Act, you also have the right not to receive discriminatory treatment by us.

Washington Consumers that have been denied one of the above enumerated rights have the right to request an appeal.

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7B - Other US states

Certain personal information we Collect may be considered “Consumer Health Data” under additional applicable U.S. privacy laws (collectively “Consumer Health Data Laws”), including, but not limited to, Nevada’s and Connecticut’s Consumer Health Data Laws.

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Capitalized terms used in this section that are not otherwise defined in this section shall be defined as they are in Consumer Health Data Laws.

I - Consumer health data we collect, use and disclose

365MD may Collect the following categories of Consumer Health Data:

Information relating to any health condition or status, disease, or diagnosis;
Information relating to social, psychological, behavioral, or medical interventions;
Information relating to surgeries or other health-related procedures;
Information relating to the use or acquisition of medication;
Information relating to bodily functions, vital signs, or symptoms;
Information relating to Reproductive or Sexual Health Care;
Information relating to Gender-Affirming Care;
Genetic Data related to any of the above;
Information listed above that is derived or extrapolated from information that is not Consumer Health Data, including, without limitation, proxy, derivative, inferred, or emergent data derived through an algorithm, machine learning, or any other means.

We may Collect the Consumer Health Data described above online in a few different ways:

Consumer Health Data that you provide. We may Collect Consumer Health Data that you provide when you use the Site, fill out your profile, and any other way that you may be able to interact with us.
Consumer Health Data from third-party sources. We may Collect Consumer Health Data from third-party sources including, but not limited to, third-party service providers, Processors, or business partners.
Consumer Health Data Collected with business partners. We sometimes work with other organizations to provide you with the Site.

Drawn from the other information we Collect. Depending on your use of the Site, we may make inferences related to Consumer Health Data.

II - Consumer health data collection and purposes

365MD may Collect, use, Share, and disclose the Consumer Health Data of Consumers described above to the extent necessary to provide the Site requested by the Consumer, with the Consumer’s Consent, or as legally required, including:

Provide the Site requested by Consumers, such as providing educational information;
Monitor visits to, and maintain, the Site;
Fulfill your requests related to the Site, such as providing customer support;
Support your use of the Site;
Manage and send transactional communications;
Manage and send marketing communications and to develop marketing strategies for the Site;
Oversee the business development of the Site and research insights to understand how people use the Site;
For legal and regulatory purposes, including to manage legal responses and litigation; and
To comply with law enforcement activities or as expressly authorized by federal or state law.

We may also Collect and use Consumer Health Data for our internal business purposes, such as data analysis, audits, developing new products, enhancing the Site, identifying usage trends, and determining the effectiveness of our promotional campaigns. We may also use inferences drawn from Washington Consumer Health Data to create a profile reflecting your preferences.

Third Parties do not Collect Consumer Health Data over time and across different internet websites or online services.

III - Consumer health data we share

365MD Shares the categories of Consumer Health Data described in the "Consumer health data we collect, use and disclose" section above to the extent necessary to provide the Site requested by the Consumer, with the Consumer’s Consent, or as legally required, including to: suppliers of services that support the Site, business partners, e-commerce support vendors, government agencies and law enforcement, and analytics and research providers.

We may also disclose Consumer Health Data to:

Our Processors to provide the Site in a manner consistent with the purpose for which the Consumer Health Data was Collected and disclosed;
Parties as directed by the Consumer or where the Consumer intentionally uses 365MD to interact with the third party to whom the Consumer Health Data is provided or disclosed;
Where the Consumer has intentionally made the Consumer Health Data available to the general public through mass media that was not restricted to a specific audience; and
External parties as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the party may assume control of all or part of 365MD’s assets.

We will not Sell Consumer Health Data without first obtaining valid authorization from the applicable Consumer.

IV - Your consumer health data rights

Consumers have the right to submit certain requests relating to your Consumer Health Data as described below. To exercise any of these rights, please submit a request to support@365md.ai with a subject line of “Consumer Health Data Privacy Request”. Please note that, if you submit a request, you may be asked to log into your account or to verify your identity. If you would like to request us to reexamine requests we were unable to fulfill, please submit a request to support@365md.ai.

Depending on whether you are a Consumer of an applicable Consumer Health Data Law, you may have the right to:

Confirm whether we are Collecting, Selling, or Sharing Consumer Health Data concerning the Consumer;
Access or review such Consumer Health Data, including a list of all Third Parties with whom we have Sold or Shared the Consumer Health Data;
Make changes to or correct such Consumer Health Data;
Where Consent is required, withdraw Consent from our Collection, Selling and Sharing (including use for targeted advertising) of Consumer Health Data concerning the Consumer;
Request that the Consumer’s Consumer Health Data be deleted; and
Obtain your Consumer Health Data in a transportable format.

If you choose to exercise any of your privacy rights under the Consumer Health Data Laws, you also have the right not to receive discriminatory treatment by us.

8 - Changes to this policy

From time to time, we may amend this Policy to reflect changes in our business or data collection practices. We will indicate such changes by revising the “Last Updated” date above. If we make material changes, we will notify you in a manner proportionate and reasonable to your interactions with us.

9 - Contact us

You may contact us at support@365md.ai