Privacy Policy

Nulla Tertia, LLC

This Privacy Policy describes the policies and procedures of Bagel Health Inc. and any subsidiaries and affiliated entities (together, “Company”, “we” or “us”) with respect to the collection, use, disclosure and protection of personal and other information received or generated by Company when you use or interact with the applications, services, products and websites (collectively, the “Services”) offered or made available by Company, including but not limited to its online service for direct-pay, medical care providers and their members or patients. By using or accessing the Services, or by submitting information to Company, you consent to this Privacy Policy.

This Privacy Policy is to be read in conjunction with the{' '} Business Associate Agreement between You and Company. To the extent the Privacy Policy conflicts with the Business Associate Agreement, the terms of the Business Associate Agreement control.

Company may modify or amend this Privacy Policy in its sole discretion from time to time by posting the modifications or the amended Privacy Policy on the Site and providing you with written notice thereof. All modified terms and conditions and amended Privacy Policy will be effective thirty (30) days after such notice (unless a longer notice period is required by applicable law), unless You first give Company written notice of rejection of the modifications or amended Privacy Policy within such thirty day period. Your continued use of the Services after thirty (30) days without written notice of rejection to Company constitutes your acceptance of such changes to this Privacy Policy. As used in this policy, the terms "using" and "processing" information include subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally and using cookies on a computer. Where applicable, for health care providers and similar businesses using the Services, references to “you” and “your information” also include your members, customers and patients, and their information, if the relevant Services are designed to receive or utilize such information of such members, customers and patients.

Security and protection of your information

Bagel Health is very concerned with safeguarding your information and protecting the security of your Personal Information. We use appropriate, HIPAA-compliant, industry-standard security measures and technology to protect against unauthorized access to, or unauthorized alteration, disclosure or destruction of user information covered by this Privacy Policy (excluding any such data that may be disclosed or publicly shared in accordance with this Privacy Policy). In this regard, we employ administrative, physical and electronic measures (including certain encryption technologies) designed to protect your personal information from unauthorized access and disclosure and to safeguard your information against loss, theft, alteration and destruction. No method of security is 100% secure. In addition, some of your information may be protected by passwords selected and maintained by you. Accordingly, the security of such information will depend upon the strength of your selected password and your ability to keep such password secured and confidential.

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your electronically stored "personal data" (as defined in applicable statutes on security breach notification) to your email or in writing in an expedient manner and without unreasonable delay, insofar as these are consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

What information do we collect?

We collect, receive, generate and store the following types of information:

User Content: User Content is information, data, text, files, software, graphics, music, audio, photographs, video, messages, communications, contacts or other materials, that you upload, submit, post, transmit, share or otherwise provide on, through or to the Services. This could occur directly or indirectly, such as through your authorization of third party sources to release or transmit User Content (and Personal Information) into the Services. For example, we receive and store User Content you provide to Company when you:
- use the Services; and/or
- authorize care providers or other health entities to transmit or upload patient care information or health history and background into the Services; and/or
- post, upload, submit or otherwise provide content, materials or other information on, through or to the Services; and/or
- fill out surveys or questionnaires or sign up for or enter promotions, events or other special activities on, through or to the Services; and/or
- communicate with Company or with other users or participants of the Services (including the content of such communications and information provided in connection with such communications); and/or
- provide information to third parties and their web sites, applications and services which are accessed or used by Company or on, through or to the Services.
Information we collect or generate about you and/or your use of Services: We receive, collect, generate and store certain types of information whenever you use the Services or otherwise interact with us. We may do this directly or through third party tools, services, stores, accounts or hosting platforms involved with or connected to the Services (including without limitation analytics tools and ad serving technologies). For example, we (and such third parties) may automatically record your use of and activity on the Services (such as amount, type and manner of use and interaction; time and date of your activities; type and amount of User Content submitted to the Services and other metrics). We (and such third parties) may also collect information about your device or computer on which you use the Services, such as your unique device identifiers, device type, model and version, Android or Apple ID, coarse location, fine location, GPS coordinates, source and status of network connection, internet service provider, IP address, browser type, operating system or other software used, page views, domains and similar information. Also, we may automatically send and receive information to and from your device or computer in connection with your use of the Services. Like many websites and online applications and services, we may also use "cookies" (see below), log files, web beacon technologies and other automated tools to obtain certain types of information when your web browser or other application accesses our Services.

How is your information used?

Company may use the information submitted, collected, received or generated from and/or about you for any of the following purposes:

To operate, provide, administer, develop, and improve the Services and to operate and support Company’s related businesses.
To better understand how users access and use the Services on an aggregated and individualized basis, to track and monitor usage, to conduct quality control, to fix technical and other errors or problems, to conduct market research and to respond to user desires and preferences.
To analyze, compile, publish, sell and otherwise similarly utilize information (other than Personal Information/PHI) relating to usage of the Services.
For advertising, marketing and promotional purposes by or for the Company (but not to provide Personal Information/PHI to third parties for advertising by such third parties unrelated to the Company or the Services).
To provide personalized experiences and recommendations, language and location customization, personalized help and instructions, or other responses to your usage of our Services.
To track memberships, purchases and usage as necessary for the purpose of our complying with any third party agreements or obligations (such as, for example, making royalty or other payments to third parties).
To provide you with support and handle inquiries.
To communicate with or contact you concerning your account or membership or your usage of or participation in the Services, and for other customer service, This may include use of your e-mail address to send you messages and notices for the purposes described above and below.
If applicable, to bill you, process payments and for authorization, account history and billing purposes. This may include credit card authorization and verification for purchases made from Company, location verification for products and services which may have limited geographical access, and the like.
To offer you content, services, or other products and services, including to develop new services and products.
To provide you with news and newsletters, special offers, promotions, and targeted advertising.
To comply with applicable laws, rules and regulations and any regulatory mandate or court order.
To enforce our Terms of Service and other applicable agreements, rights and remedies.
To protect the safety of any person, to address fraud, security or technical issues, or to protect Company’s rights or property.

Company does not rent, sell or publicize your Personal Information/PHI without your prior consent. Use of personally identifiable health information is further subject to the restrictions described in more detail below.

When is information shared or disclosed?

Information provided by our users is an important part of our business. Company will share and disclose information submitted, collected, received or generated from and/or about you only as compatible with the purposes described above (except for certain personal health information which shall be kept confidential as described below), when we have your consent (as may be provided by you from time to time through the Services or otherwise), and as described in this section as follows:

The Services may include or interoperate with applications, services, features or functionalities provided by third parties. In connection with such third party applications, services, features or functionalities, you may send (or such third parties may get access to) certain information about or related to you or your activities therewith. The use, storage and disclosure of such information by these third parties is subject to their own privacy policies and Company has no responsibility or liability for such third parties’ acts or omissions or the information provided to them.The Services may include or interoperate with applications, services, features or functionalities provided by third parties. In connection with such third party applications, services, features or functionalities, you may send (or such third parties may get access to) certain information about or related to you or your activities therewith. The use, storage and disclosure of such information by these third parties is subject to their own privacy policies and Company has no responsibility or liability for such third parties’ acts or omissions or the information provided to them.

Public Forum: Any User Content or other user information, content or materials submitted, posted, shared, transmitted or otherwise provided to public portions of the Services (such as video chat rooms, discussion groups, bulletin boards and similar forums) or portions of the Services designed for broad user access (such as reviews, focused user groups, etc…) are or may be shared with the public without restriction. Company also reserves the right to publish or make publicly available any information that is already publicly available prior to the time first provided to or collected by Company or information that becomes publicly available without any action or omission on the part of Company.
Aggregated Data and Anonymous Data: Company may publish and otherwise disclose (a) on an aggregated basis, information relating to usage and users of the Services, and (b) information that is de-identified and otherwise free of any information that would allow you to be identified.
Disclosures In Connection with Permitted Uses: Company may disclose your information to third parties (including without limitation to publishers and business partners) in connection with the purposes described in the previous section such as, for example, to implement advertising, marketing, publishing or promotional activities or transactions, or to publish, sell and otherwise exploit information (other than Personal Information/PHI) relating to usage and users of the Services.
Company Affiliates: We may share your information with our subsidiaries and other affiliates, but only if those entities are either subject to this Privacy Policy or follow practices at least as protective as those described in this Privacy Policy.
Contractors, Collaborators and Agents: We may employ other companies and individuals to perform functions or otherwise act on our behalf. Examples include processing payments, resolving service problems, correcting errors related to the execution of the Services, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance (including data concerning marketing and promotional programs), hosting websites or software, developing websites and software, providing customer service, assisting Company with providing, administering, developing or improving the Services, and/or for other purposes within the ordinary course of business. All contractors, collaborators and agents agree to abide by same confidentiality obligations as Company, including associated heightened privacy requirements in the Business Associate Agreement where applicable and as mandated by law.
Business Transfers and Collaborations: As we continue to develop our business, we might sell the Company and/or its business or assets and/or sell or buy online sites, services, subsidiaries, or other businesses; or we might collaborate or partner with other companies in strategic transactions, publishing or distribution arrangements, business arrangements or licenses. In such transactions, customer and user information and information regarding usage of the Services generally would be one of the transferred business assets or otherwise one of the components of, or involved in, the transaction, we may therefore share this information in connection with such transactions or arrangements.
Compliance with Law and Protection of Company and Others: We reserve the right to disclose your Personal Information and any other information when we believe release is appropriate to comply with the law, judicial proceeding, court order, subpoena or other legal process provided that we provide you reasonable notice of the order, subpoena or request to allow you to seek a protective order, if necessary; detect, prevent, or otherwise address fraud, security, emergency situations or technical issues; enforce or apply our Terms of Service and other agreements, rights and remedies; or protect the rights, property, or safety of Company, our employees and contractors, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction purposes.

Confidentiality and security of health information

Some of our users – such as healthcare providers – are subject to laws and regulations governing the use and disclosure of health information they create or receive. Included among them is the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health of 2009 (“HITECH”), and the regulations adopted thereunder. When we store, process or transmit certain individually identifiable health information or “Protected Health Information” (as such term is defined by HIPAA) on behalf of a health care provider, we do so as its “business associate” (as also defined by HIPAA) under a Business Associate Agreement (bagel.md/baa). Under this agreement, we are prohibited from, among other things, using Protected Health Information in a manner that the provider itself may not. We are also required to, among other things, apply reasonable and appropriate measures to safeguard the confidentiality, integrity and availability of Protected Health Information we store and process on behalf of such providers. We are also subject to laws and regulations governing the use and disclosure of certain personal and health information, including HIPAA, when we operate as a business associate of a healthcare provider.

Changing or deleting your information; storage and retention

Except as may be inherent in the features and functionality of the Services, Company does not have a mechanism for you to review, edit or delete all of your information on or stored in the Services or otherwise by Company. If in the future, the Company may implement a system to allow for a complete review and deletion of all you information, but Company has no obligation to provide or create such a mechanism.

If you would like us to delete your Personal Information in our system, please contact us at team@bagel.md and we will accommodate your request (but will not do so if we have any legal obligation to retain the record). In such cases, we ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests. If Company is unable to destroy or delete the information due to legal obligations or because it is not feasible or because it is unduly burdensome or impractical or would jeopardize the privacy of others or the integrity of the Services, Company is not obligated to do so, but Company shall provide a written response stating the reason(s) it cannot fulfill the request. Because of the way we maintain certain Services, after you delete your information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems. We are not responsible for updating, correcting or removing any of your information disclosed to or held by third parties.

Please be aware the Company is under no obligation to maintain and store any of your information (including any Personal Information or User Content) or otherwise to maintain and operate the Services. The Company reserves the right to cease or modify operation of the Services at any time – in such case, your information (including any Personal Information and User Content) may no longer be available. If you desire to maintain access to any such information, you are encouraged to keep a backup of such information in other locations.

Cookies and other files

Like many services, websites or applications, we may use "cookies", pixel tags, locally shared objects, web beacons or similar technologies to collect information. A cookie is a small data file that we transfer to your computer's or device’s memory for record-keeping purposes. We may use cookies or such other technologies to improve the quality of the Services, including for storing user preferences and tracking user trends and for any of the other purposes permitted in this Privacy Policy. We may utilize persistent cookies to save your registration/member ID and login password for future logins to the Services. We may utilize session ID cookies to enable certain features of the Services, to better understand how you interact with the Services and to monitor aggregate usage by Company users and traffic routing on the Services. Unlike persistent cookies, session cookies are usually deleted from your computer or device when you log off from the Services and then close your browser or application. Third party advertisers on the Services may also place or read cookies on your browser or within the Services or other application.

Log file information may be automatically reported by your browser or smartphone application each time you access a web page, app or other electronic location. When you use the Services, our servers may record certain information that your web browser, the Services or other application sends whenever you utilize the Services, visit any website or utilize any other services or applications.

International transfer

Our Services are hosted in the United States. If you use the Services from the European Union, Asia or any other country outside the United States with laws or regulations governing personal data collection, use and disclosure that differ from the United States laws and regulations, please be advised that through your continued use of the Services, you are transferring your information to the United States and you consent to that transfer. Your information may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us or use the Services, Company transfers personal information to the United States and processes it there, and your submission of such information represents your consent and agreement to that transfer.

Children's privacy

In order to use our Services you must represent and warrant that you are over the age of 13 before using, downloading or accessing the Services. Children under the age of 13 are not eligible to use the Services and must not attempt to download the Services, register with the Company and/or submit any personal information to us. We do not knowingly collect personal information from any person who is under the age of 13 or allow them to register. If it comes to our attention that we have collected personal data from a person under the age of 13, we will delete this information as quickly as possible.

Without limiting the generality of the foregoing, our Services do allow users above the age of 18 years old – such as care providers, parents and guardians – to submit personal information about others, including minors. Such users assume full responsibility over their submission, use and transmission of such information.

Third party sites, services, and applications

Our Services may contain links to, interoperate with, and allow you to share content to and from third party services, websites and applications. The fact that we link to a website, service or application or allow you to share content through these third parties is not an endorsement, authorization or representation that we are affiliated with that third party, nor is it an endorsement of their privacy or information security policies or practices. Other websites, services and applications follow different rules regarding the collection, use, storage or disclosure of the personal and other information. We encourage you to read the privacy policies or statements of the other websites, services and applications you use.

Limitation of liability, disclaimer of warranties

Even though Company has taken reasonable commercial steps and efforts to prevent your Personal Information and other information covered by this Privacy Policy from being accessed, used, intercepted or disclosed by unauthorized individuals in violation of this Privacy Policy, you should know and you acknowledge that Company cannot fully eliminate security risks associated with your information. You expressly acknowledge and agree that uploading, posting, providing, storing, using, analyzing, transmitting, sharing and/or allowing access to your Personal Information and other information on, through, in or to the Services, and the use of all such Services, are all done at your sole risk and responsibility. You expressly acknowledge that Company and its employees, agents, contractors, collaborators, publishers and business partners are not liable for (i) any special, indirect, consequential, incidental or punitive damages, costs, or liabilities whatsoever arising out of or resulting from your use of the Services, including from your uploading, posting, providing, storing, using, analyzing, transmitting, sharing and/or allowing access to your Personal Information and other information; or (ii) any loss, disclosure or use of your Personal Information or other information.

Unless expressly provided otherwise in writing by the Company and the Services are provided “AS IS” without warranty of any kind. The Company makes no, and hereby disclaims any and all, representations and warranties of any kind, express or implied, with respect to the Services, including without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement.

Updated 1 June, 2020.

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