PRIVACY POLICY

Effective as of May 29, 2023

This privacy policy (the “Privacy Policy”) applies to the information collection and use practices of our online services, which are made available to you through a variety of platforms, such as, without limitation, through the Fold Health online and mobile application (the “App”), our website, located at https://www.palmettoproactive.com (the “Site”), and through our social media accounts (“Social Media”), all owned and operated by Palmetto Proactive Healthcare, LLC and its affiliated medical practices (collectively, “PPH,” “we,” “us,” or “our”). The App, the Site, and our Social Media accounts are collectively referred to as the “Platform” through which we provide you with our online services (“Services.”) We have created this Privacy Policy to tell you what information the Platform collects, how we use that information, and who we will share that information with, if at all. This Privacy Policy does not address the privacy practices of any third parties that we do not own, control, or are affiliated with. Capitalized terms not defined in this Privacy Policy will have the meaning set forth in our Terms of Use. By visiting and/or using our Platform, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Use.

We encourage you to read the Privacy Policy, and to use the information it contains to help you make informed decisions. If you do not understand any aspects of this Privacy Policy, please feel free to contact us (our contact information is at the end of this Privacy Policy). This Privacy Policy is not a contract and does not create any contractual rights or obligations.

Please check this Privacy Policy regularly to ensure that you are aware of any changes which may be implemented from time to time.

1. Information We Collect or Receive.

In the course of operating the App, providing you Services (online and offline), and as a result of your use of the App, we may collect and/or receive certain types of information. For example, when you register to use our Services, receive healthcare services from us, request information from us, contact customer support, fill out any form on a site, or otherwise communicate with us. By using the Platform, you authorize us to collect and/or receive such information. This information may include:

1. Personal and Account Information. We only receive or collect information that identifies you personally if you choose to provide such personally identifiable information to us via the Platform, email, during in-office visits, or other means. When you sign up to become a user or contact us, you will be required to provide us with personal information about yourself (collectively, the “Personal Information”) to complete the registration process. Such Personal Information may include (without limitation): information that can be used to contact or identify you, which may include your name, email address, username, password, and phone number. We also collect other information you provide as part of the administration and personalization of your user experience, including demographic information such as your gender, age, and zip code. We may combine this information with the personal information we collect from you.
2. Health Information. We may collect health information provided by you or generated through your use of the Platform or Services. This includes information about your physical, mental and behavioral health conditions, diagnoses and treatment, family medical history, prescription information, details of your exchanges with participating healthcare providers and their responses, suggestions, and guidance related to your interactions through the use of our Services. We also collect information about non-medical factors that influence your health outcomes (also known as “social determinants of health”).
3. Third-Party Log In. If you access or sign in through the Platform by using third-party credentials (such as “log in via Google” or similar access methods), you are authorizing us to collect, store, and use, in accordance with this Privacy Policy, any and all information that you agreed Palmetto Proactive Healthcare, LLC may access through its Application Programming Interface (“API”), to the extent it is offered and available. Such information may include, without limitation, your first and last name, Palmetto Proactive Healthcare, LLC username, Palmetto Proactive Healthcare, LLC profile picture, headline, unique identifier and access token, and e-mail address, among others.
4. Payment/Transaction Information. If you choose to make a purchase or subscribe to a feature or service ours that requires a fee, you will be required to provide us with your payment information, including, without limitation, bank account numbers, credit card or debit card numbers, account details, ACH information, and similar data (collectively, “Payment Information”). Such Payment Information will be collected and processed by our third-party payment vendors pursuant to the terms and conditions of their privacy policies and terms of use, and we do not obtain access to any Payment Information in connection with such purchases or subscriptions. Alternatively, if payment options are not made available to you over the Platform, payment may be remitted directly to our front-office staff. Additionally, for any payment information not maintained by third parties, we reserve the right to keep such payment authorizations on file, at our offices.
5. Geolocational Information. Certain features and functionalities of the App are based on your location. In order to provide these features and functionalities while you are using your mobile device, we may, with your consent, automatically collect geolocational information from your mobile device or wireless carrier and/or certain third-party service providers (collectively, “Geolocational Information”). Collection of such Geolocational Information occurs only when the App is running on your device. You may decline to allow us to collect such Geolocational Information, in which case we will not be able to provide certain features or functionalities to you. You may enable or disable this feature through the privacy settings of your mobile device.
6. Third-Party Analytics. We and the third-party technology providers, exchanges, networks, agencies, and servers with which we work use third-party analytics services to evaluate your use of the App, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the App and mobile and Internet usage and its functionality. These third parties use cookies and other technologies to help analyze and provide us the data. You consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy.

1. COOKIES. Our Services use cookies and other data collection technologies described in this section. A cookie is a small file placed on your computer’s hard drive that collects and stores information about your equipment, preferences and browsing patterns. We use cookies to analyze web page traffic, usage patterns, and to tailor our Services to your individual interests.
2. For more information about cookies and third parties, including how to opt out from certain data collection, please visit allaboutcookies.org. Please be advised that if you opt out of any such service, you may not be able to use the full functionality of the App.

7. Other Information. In addition to the Personal Information, Payment Information, and Geolocational Information, we may automatically collect or receive additional information regarding you and your use of the App; your interactions with us and our affiliates; and information regarding your computer and mobile devices used to access the App (collectively, the “Other Information”). Such Other Information may include:

1. From You. Additional information about yourself that you voluntarily provide to us, such as your gender, App usage preferences, and your primary use of the app.
2. From Your Activity. We may collect or receive information regarding:

1. IP address, which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or mobile device;
2. browser type and language;
3. referring and exit pages and URLs;
4. date and time; and
5. details regarding your activity on the App, such as search queries and other performance and usage data.

3. About Your Mobile Device. We may collect or receive information regarding:

1. type of mobile device;
2. advertising Identifier (“IDFA” or “AdID”);
3. operating system and version (e.g., iOS, Android or Windows);
4. carrier; and
5. network type (WiFi, 3G, 4G, LTE).

4. From Cookies. We may use both session cookies, which expire once you close the App, and persistent cookies, which stay on your mobile device until you delete them and other technologies to help us collect data and to enhance your experience with the App. Cookies are small text files an app can use to recognize a repeat visitor to the app. We may use cookies for various purposes, including to:

1. type of mobile device;
2. personalize your experience;
3. analyze which portions of the App are visited and used most frequently; and
4. measure and optimize advertising and promotional effectiveness.

If you do not want us to deploy cookies in the App, you can opt out by setting your mobile device to reject cookies. You can still use the App if you choose to disable cookies, although your ability to use some of the features may be affected.

Collectively, we may use this data to improve our Services – for example, this data can tell us how often users use a particular feature of a Service, and we can use that knowledge to make the Services more helpful to as many users as possible. We may also use this data to customize online content for you that we think you might like, based on your usage patterns.

2. Information Collected by Or Through Third-Party Advertising Companies.

We may share Other Information about your activity on the App with third parties for ad distribution and ad optimization (defined as the tailoring, targeting (i.e., behavioral, contextual, retargeting, analyzing, managing, reporting, and optimizing of ads). These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect Other Information for such purposes. Pixel tags enable us and these third-party advertising companies to recognize a browser’s cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site. In addition, we may receive Other Information from advertisers and/or their service providers such as advertising identifiers, IP addresses, and post-conversion data.

3. How to Opt Out of Third-Party Interest-Based Advertising.

If you wish to opt out of third-party interest-based advertising, please visit http://www.networkadvertising.org and http://www.aboutads.info/choices for details on how to do so. Additionally, users of mobile Devices can follow the below instructions:

1. Android Users. For Android devices with OS 2.2 and up and Google Play Services version 4.0 and up: Open your Google Settings app > Ads > Enable “Opt out of interest-based advertising.”
2. iOS Users.

1. iOS 7 or Higher: Go to your Settings > Select Privacy > Select Advertising > Enable the “Limit Ad Tracking” setting.
2. iOS 6: Go to your Settings >Select General > Select About > Select Advertising > Enable the “Limit Ads Tracking” setting.

4. How Information Is Used and Shared.

1. We may use your information for various purposes related to your use of the Services and maintenance of our operations related thereto. You authorize us to use the Personal Information, Payment Information, Geolocational Information, and the Other Information (collectively, the “Information”) to perform (by example and not by limitation) the following activities:

1. Provide, maintain and improve our App, the Platform, and their subsystems;
2. Provide our Services;
3. Inform you about our products, services, and related developments;
4. Solicit your feedback;
5. Respond to your comments, questions and requests and provide customer service;
6. Monitor and analyze trends, usage and activities in connection with our Services;
7. provide news and information we think will be of interest to you;
8. Maintain appropriate records for internal administrative purposes;
9. Administer our promotional programs;
10. Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of PPH and others;
11. Send you technical notices, updates, security alerts and support and administrative messages;
12. Link or combine with information we get from others to help understand your needs and provide you with a better experience; and
13. Carry out any other purpose described to you at the time the information was collected or pursuant to your consent.

2. In order to provide our services and administer our promotional programs, we may share the Information with our third-party promotional and marketing partners, including, without limitation, businesses participating in our various programs.
3. We engage third-party companies and individuals to perform functions on our behalf. Examples may include providing technical assistance, customer service, marketing assistance, and administration of promotional programs. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law.
4. In an ongoing effort to better understand our users, the App, and our products and services, we may analyze certain Information in anonymized and aggregate form to operate, maintain, manage, and improve the App and/or such products and services. This aggregate information does not identify you personally. We may share and/or license this aggregate data to our affiliates, agents, business and promotional partners, and other third parties. We may also disclose aggregated de-identified user statistics to describe the App and these products and services to current and prospective business partners and investors and to other third parties for other lawful purposes.
5. We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.
6. As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.
7. To the extent permitted by law, we may also disclose the Information:

1. when required by law, court order, or other government or law enforcement authority or regulatory agency; or
2. whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of us or others, including you.

We will use your Payment Information to process your authorized payments through the App. We will share your Payment Information with a third-party service provider as necessary to process your payment. The third-party service provider stores your Payment Information; we do not store this information. Storage by the third-party service provider of your Payment Information is subject to the privacy policies and practices of the third-party service provider and is not subject to the terms of this Privacy Policy. By providing your Payment Information, you acknowledge and agree to use of such information by the third-party service provider for purposes of processing your payment to us.

5. Vendors and Service Providers.

We may provide information to third-party vendors and service providers that help us operate and manage our Services and deliver products and Services that you purchase through us. These vendors and service providers will have access to your personal information in order to provide these services; but when this occurs, we implement reasonable contractual and technical protections to (a) promote the safeguarding of such information, and (b) limit their use of that information to helping us provide the Service to you.

6. Accessing and Modifying Information and Communication Preferences.

1. Updates to Your Information. If you have provided us any Personal Information, you may access, remove, review, and/or make changes to the same by logging into your Portal account and revising the affected information, or by contacting us as set forth below.
2. “Unsubscribe”. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any of our marketing e-mails. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases.
3. Transactional Messages. You cannot opt out of receiving transactional e-mails related to the App (e.g., requests for support), our Services, or other required notifications during the course of any membership or subscription with Us.
1. Text Messages and SMS. PPH and those acting on our behalf may send you text (SMS) messages to your mobile device (e.g., push notifications) at the phone number you provide us. These messages will include operational messages about your use of the Services. You understand that by providing your mobile phone number, you expressly consent to receive automated text messages from us to the mobile phone number you provide. Consent to receiving text messages is not required in order to be a user. Message and data rates may apply, and you should check the rates of your mobile carrier. You can opt out of receiving text messages by either (i) texting STOP in response to any text message, or (ii) disabling these notifications by deleting the relevant service or by changing the settings on your mobile device.
2. Providers and Affiliates. We share your mobile phone number with service providers with whom we contract in order to send you automated and/or personal text messages, but we will not share your mobile phone number with third parties for their own marketing purposes without your express consent.

7. How We Protect Your Information.

We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with which we may share such Information, nor can we guarantee that the Information you supply will not be intercepted while being transmitted over the Internet. In particular, e-mail sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail. Whenever possible, you should use the secure Portal and its features to communicate any sensitive or personal information about yourself, your condition, or related matters. Your failure to utilize the security features provided by the Portal may result in inadvertent disclosure of your sensitive information. If you suspect a breach has occurred, please contact our office immediately by using the information at the bottom of this Privacy Policy.

8. Retention of Your Information

As a general matter, we will keep your personal information for as long as necessary to fulfill the purpose for which it was collected. If a law requires us to retain your information for a longer period of time, we will comply with that law. We will also retain your personal information as necessary to protect our legal rights.

9. Important Notices to Non-U.S. Residents.

The App and its servers are operated in the United States. If you are located outside of the United States, please be aware that your Information, including your Personal Information, may be transferred to, processed, maintained, and used on computers, servers, and systems 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 travel or become relocated outside the United States and choose to use the App, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere. This app is expressly intended to be used by residents of the United States of America.

10. California Privacy Rights: Shine the Light Law.

California residents who have an established business relationship with us may choose to opt out of our sharing their contact information with third parties for direct marketing purposes. If you are a California resident and you wish to opt out, please send a written request to our e-mail address (our contact information is at the end of this Privacy Policy) with the subject: “CALIFORNIA OPT-OUT REQUEST”, along with your relevant information to allow our processing of this request.

California residents may also request information from us once per calendar year about any personal information shared with third parties for their own direct marketing purposes, including the categories of information and the names and addresses of those businesses with which we have shared such information. To request this information, please contact us. Your inquiry must specify “California Privacy Rights Request” in the subject line of the email, and you must include your name, street address, city, state, and ZIP code.

PPH does not share your personal information with third parties for their own direct marketing purposes.

11. App Stores; External Websites.

Your app store (e.g., iTunes or Google Play) may collect certain information in connection with your use of the App, such as Personal Information, Payment Information, Geolocational Information, and other usage-based data. We have no control over the collection of such information by a third-party app store, and any such collection or use will be subject to that third party’s applicable privacy policies.

The App may contain links to third-party websites. We have no control over the privacy practices or the content of these websites. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.

12. Children.

The App is not directed to children under the age of 13. We adhere to the Children’s Online Privacy Protection Act (COPPA) and will not knowingly collect Personal Information from any child under the age of 13. We ask that minors (under the age of 13) not use the App. If a child under the age of 13 has provided us with Personal Information, a parent or guardian of that child may contact us and request that such information be deleted from our records. Parents of minors are expressly responsible for any information provided, requests made, or otherwise any communications provided by their minor children with regard to our Services and the Platform.

13. Changes to This Privacy Policy.

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. Any such changes will be posted on the App. By accessing the App after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis.

14. How to Contact Us.

If you have questions about this Privacy Policy, please e-mail us at legal@palmettoproactive.com with “Privacy Policy” in the subject line or mail us at the following address: 3225-B Reidville Rd., Spartanburg, South Carolina 29301.