Privacy Policy

Effective Date: 7/01/2024

Your privacy is important to us, so this Privacy Policy is here to explain how we use your personal information. The term “personal information” in this Privacy Policy means information about you that is personally identifiable to you. As further described in our Terms of Service, Health Acumen, LLC operates the Site (“Health Acumen”, “Acumen”, “we”, and “us”). This Privacy Policy explains how we collect, use, and disclose your other personal information. By using the Site and our the services technologies we operate on, you agree that we can collect and use your personal information as described in this Privacy Policy. If you do not agree, please do not use the Site or our Services. All capitalized terms in this Privacy Policy not defined herein shall have the meaning set forth in the Terms of Service. The personal information we collect or maintain may include:

• Site Activity Information. We may track certain actions you take on the Site such as the content of searches performed on the Site and information that you enter into the Site (e.g., your name and email address when signing up for an email newsletter, requesting more information about us and our Services, etc.).
• Access Device and Browser Information. When you access the Site from a computer or other device, we may collect information from that device, such as your internet protocol address, browser type, connection speed, device model, operating system version, and access times.
• Cookies. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies to make the Site and Services easier to use, to make our advertising better, and to protect both you and Acumen. For more information about our use of Cookies and to opt out of performance, functionality, or targeting cookies please contact us at support[@]healthacumen[.com].
• Analytics Tools. We may use third-party analytics tools to help analyze how individuals use the Site, including Google Analytics, to help analyze how individuals use the Site. Such third parties may use Cookies, APIs, and SDKs in our services to enable them to collect and analyze user and device related data and information on our behalf. Such third-parties may use Cookies to collect information such as how often users visit the Site, what pages they visit,and what other sites they used prior to coming to the Site. We use the information we get to improve our Site and Services. These third-parties have their own Terms of Use and Privacy Policies that are separate and apart from our own. We are not responsible for the privacy practices or the content, advertising, products, services or other materials made available on or through any such third-party sites. To learn more about the types of information that these third-parties collect and how you can opt-out, you should visit their websites.
• Certain features of the Site may, at a later date, use GPS technology to collect real-time information about the location of your device so that the Site can connect you to a healthcare professional who is licensed or authorized to provide Services in the state where you are located.
• Strictly necessary and functionality Cookies are used on our Site to support Site functionality and security. These Cookies collect crash analytics and Site activity data, as well as provide security measures. We may collect information from your mobile device or computer including the type of device used toaccess the Site, operating system version, and mobile device carrier. This information is used to identify and fix bugs and otherwise improve the performance of the Site.

In many circumstances, the information listed above is non-personal information. For example, the information collected through Cookies may not contain any identifiable personal information. We will still treat that information as personal information under this Privacy Policy if (a) an applicable local law considers it to be personal information or (b) we combine it with personal information.

Health information.

We comply with all applicable laws with respect to your health or medical-related information. Acumen is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its associated laws and implementing regulations (collectively, “HIPAA”). If Acumen functions as a “business associate,” Acumen treats your protected health information in accordance with HIPAA and the applicable covered entity’s notice of privacy practices.

Any health records created as a result of your use of the Services will be securely maintained by Acumen.

De-identified information.

We may use de-identified information created by us without restriction. When we use the term “de-identified information,” we mean information that is neither used nor intended to be used to personally identify an individual. We may use your personal information for the following purposes:

• To provide you with the Site and full functionality on the Site.
• To provide the Services.
• For business analytics purposes.
• For our own marketing purposes.
• To provide customer support to you.
• For account and network security purposes.
• To maintain legal and regulatory compliance.
• To enforce compliance with our agreements and policies.
• To service your account.
• To notify you when Site updates are available.
• To create de-identified information such as aggregate statistics relating to the use of the Site.
• To fulfill any other purpose forwhich you provide us personal information.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

We may also disclose personal information that we collect or you provide: To our subsidiaries, affiliates, and associated organizations. To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential. As required by law or legal process, which can include providing information as required by a court order or to respond to any government or regulatory request or investigation. When we believe in good faith that disclosure is necessary to protect your safety or the safety of others, to protect our rights, to investigate fraud, or to respond to a government request. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Acumen’s assets or equity, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information maintained by the Site is among the assets transferred. For any other purpose disclosed by us when you provide the information. For any other purpose, with your consent.

Disclosure to third parties. At times we may provide third parties with certain personal information to provide or improve our products and services, including to help us market to consumers. When we do, we require those third parties to handle it in accordance with applicable laws. Personal information will not be shared with third parties for their marketing purposes. This Privacy Policy applies only to information we collect through the Site. This Privacy Policy DOES NOT apply to information collected by any third party. When you click on links on the Site you may leave our Site. We are not responsible for the privacy practices of other sites, and we encourage you to read their privacy statements.

Modification of information. Members will be able to update some of their information through the Site. Requests to modify any information may also be submitted to support[@]healthacumen[.com].

Limitations on deletion of information. You may request deletion of your personal information by us; however, we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete personal information, it will be deleted from the active database, but may remain in our archives (subject to applicable law) and we may also retain anonymous information about your use of our services. Once we disclose some of your personal information to third parties, we may not be able to access that personal information any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures. After we delete personal information, we may retain de-identified information and will continue to use de-identified information as permitted under this Privacy Policy.

Information Security. We employ reasonable physical, electronic, and managerial security methods to help protect against unauthorized access to personal information, such as encryption, to protect information on the Acumen platform (e.g. health records). But please be aware that no data transmission over the Internet or data storage facility can be guaranteed to be perfectly secure. Text messages and emails are not always secure because they travel over unencrypted networks that we do not control. As a result, we cannot ensure or guarantee the security of any information you transmit to us. By using the Services and providing us your cell phone number and email address, you permit us to communicate with you by SMS text message and email. You may also ask us to stop by contacting support[@]healthacumen[.com]. You understand that you may have to pay data costs to receive SMS text messages that we send to your mobile phone.

Right to non-discrimination. We will not discriminate against you for exercising any of your privacy rights under law, or as set forth in this Privacy Policy.

California. In addition to the rights above, the California Consumer Privacy Act provides California consumers with certain rights, such as the right to obtain from us information about the personal information about you that we collect, use, and disclose as set forth below.

Disclosure of Personal Information We Collect About You You have the right to know:

• The categories of personal information we have collected about you;
• The categories of sources from which the personal information is collected;
• Our business or commercial purpose for collecting or selling personal information;
• The categories of third parties with whom we share personal information, if any; and
• The specific pieces of personal information we have collected about you.

Please note that we are not required to:

• Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;
• Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or
• Provide the personal information to you more than twice in a 12-month period.

Personal Information Sold or Used for a Business Purpose

In connection with any personal information we may sell or disclose to a third party for a business purpose, you have the right to know:

• The categories of personal information about you that we sold and the categories of third parties to whom the personal information was sold; and
• The categories of personal information that we disclosed about you for a business purpose.

You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to opt-out of the sale or disclosure of your personal information. If you exercise your right to opt-out of the sale or disclosure of your personal information, we will refrain from selling your personal information, unless you subsequently provide express authorization for the sale of your personal information. To opt-out of the sale or disclosure of your personal information, contact us as provided below.

Right to Deletion

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:

• Delete your personal information from our records; and
• Direct any service providers to delete your personal information from their records.

Please note that we may not delete your personal information if it is necessary to:

• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
• Debug to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act;
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
• Comply with an existing legal obligation; or
• Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Protection Against Discrimination

You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things:

• Deny goods or services to you;
• Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
• Provide a different level or quality of goods or services to you; or
• Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

Please note that we may charge a different price or rate or provide a different level or quality of goods and/or services to you, if that difference is reasonably related to the value provided to our business by your personal information. If you would like to exercise any of these rights, please:

• Email us at support[@]healthacumen[.com].
• Please note that you may only make a CCPA-related data access or data portability disclosure request twice within a 12-month period.
• If you choose to contact directly by email, you will need to provide us with:
• Enough information to identify you (e.g., your full name, address and customer or matter reference number);
• Proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill); and
• A description of what right you want to exercise and the information to which your request relates.
• We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information or is someone authorized to act on such person’s behalf.

Any personal information we collect from you to verify your identity in connection with your request will be used solely for the purposes of verification. If you choose to exercise your privacy rights, you will not receive discriminatory treatment or a lesser degree of service from us. Some actions such as remarketing or statistical analysis may be considered “sales” under some interpretations of the CCPA. You have the right to opt out of the sale of your personal information. This means that whenever you request us to stop selling your personal information, we will abide by your request. Such requests can be made freely, at any time, by emailing us at the Contact Information below.

Changes to the Privacy Policy.
We may change the Privacy Policy from time to time in the future. We will post any revised version of the Privacy Policy on this page. Continued use of our services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. By using the Site, you are agreeing to our collection, use and disposal of personal information and other data as described in this Privacy Policy, both as it exists now and as it is changed from time to time. All capitalized terms in the Acumen Privacy Policy not defined herein shall have the meaning set forth in the Terms of Use. If you have questions or concerns about our Privacy Practices, or would like to report a violation, please contact us by sending an email to support[@]healthacumen[.com].