Vivalynx LLC Privacy Policy

COMMITMENT

Vivalynx LLC and its affiliates (“Company,” “we,” “our,” and/or “us”) is committed to the privacy and dignity of our community. We value the privacy of individuals who use the website, mobile site, mobile application, platform (collectively referred hereafter as “Platform”) and related services (collectively, our “Services”).

This Privacy Policy explains how we collect, use, and share information from or about individuals who use our Services. Users of this website and mobile apps and our services may be referred to in this Privacy Policy as “users”, “you” or “your.”. This Privacy Policy also tells you about your rights and choices with respect to personal information, and how you may contact us. By using our Services, you agree to the collection, use, disclosure, and procedures this Privacy Policy describes. In addition to this Privacy Policy, your use of our Services is also subject to our Terms of Use, Notice of Privacy Practices and HIPAA Website Compliance and Security Policy.

The Company will never share, disseminate, rent or sell your personally identifiable information – including name, postal address, e-mail address and telephone number – with or to third parties, including advertisers or sponsors, except when we have your permission or under the circumstances set forth in detail in our full Privacy Policy.

The Company will use this information to provide you with our services and/or products and to offer you promotional materials from or through the Company, as well as for operational and administrative purposes.

The Company does not use Protected Health Information ("PHI") for marketing, sell PHI, or disclose PHI for a third party’s marketing or advertising purposes, except where expressly permitted by applicable law, authorized by the individual through a valid HIPAA authorization when required and permitted by the applicable written agreement with the covered entity or other HIPAA-regulated customer.

The Company will share your personal information and PHI with medical providers such as First Stop Health (“FSH”) when you consent to such sharing. The Company receives reports from FSH that contain de-identified personal information and de-identified PHI.

The Company may advertise services and/or products online on behalf of third parties on the Company websites and mobile apps and provide you with the opportunity to “opt- in” to and “opt-out” from e-mails from the Company or specifically identified third parties. No personal information will be shared with these advertisers, sponsors or any other third party that is not an affiliate of the Company.

DATA AGGREGATION

The Company may combine demographic and other information about our Users, obtained from registration forms and/or user profiles, to create “aggregate data.” All personal information will be removed from this data before disclosing such data to third parties. Aggregate data disclosed to third parties will not contain any information that can be used to identify or contact our users.

COLLECTED INFORMATION

Unless otherwise stated, this Privacy Policy applies only to information collected on the Company websites and mobile apps, through the Company’s e-mail system, through audio and/or video teleconferencing services, two-way audio and/or video consultation, and/or through any and all other electronic means of communication utilized by the Company in relation to its online services. It does not apply to any other information collected by the Company by any other means.

This Privacy Policy applies to information collected on and after the date that this Privacy Policy is posted. However, for any Company users who visited, accessed or reviewed our websites and mobile apps prior to this date, we will apply this Privacy Policy to information associated with that user only if the user accepts the terms and conditions of this Privacy Policy.

A. Registration/Profile Information/Other Information. The Company collects the information you provide upon creation of an account on our Platform, including your name, email address, and password. We may also collect a PIN number, the last four digits of your social security number, eligibility dates, and your preferred language. We will also collect information you choose to add to your Platform profile (the “Profile”), such as gender, sex, age (date of birth), PHI, medications, appointments, caregivers’ email and full name, vitals, allergies, medical conditions, appointments, and care notes, personal interests, plus any other information you choose to provide to us.

B. Payment Information. We utilize a third-party provider, such as Stripe, for the collection of your payment information.

C. Contact. If you decide to contact us directly via email or phone, or we have a virtual or in-person meeting with you, we may retain certain additional information described in section A above. When we send you emails, we reserve the right to track whether you open them for the purpose of delivering better Services to our users.

D. Protected Health Information. Please see our Notice of Privacy Practices and HIPAA Website Compliance and Security Policy.

E. Access to Application. We will collect information related to user logs and access to the Platform.

F. Location. We may receive your location information when you utilize our Services through our Platform. We may use this location information to connect users to local providers in compliance with applicable regulations and to better tailor the Services to each user. We may also utilize location information to connect users to healthcare facilities, healthcare personnel, pharmacies and medical testing centers.

HOW DO WE COLLECT INFORMATION FROM OR ABOUT OUR USERS?

INFORMATION YOU PROVIDE TO US

Directly from users who complete a form via the Company websites and mobile apps
Directly from users via email, an in-person meeting via phone or video conference, or an audio conference

You are responsible for ensuring the accuracy of the personally identifiable information and PHI that you submit to us. Inaccurate information will affect your experience when using the Company websites and mobile apps or our services and our ability to contact you as described in this Privacy Policy.

INFORMATION COLLECTED THROUGH TECHNOLOGY

Cookies

We may collect information through technology to make our websites and mobile apps more useful to you and to track user web activity and interests. Our websites and mobile apps may use “cookies,” which are pieces of information a website or mobile app sends to your computer while you are viewing the website or mobile app, for a variety of purposes. For example, when you return to our websites and mobile apps after logging in, cookies may provide information to the site so that the site will remember who you are.

Web Beacons/Pixels

We may also use information collected through web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs), which are small pieces of data that are embedded in images on the pages of websites and mobile apps, to analyze the traffic patterns on our websites and mobile apps, such as the frequency with which our users visit various parts or pages of our websites and mobile apps. We may also use these technical methods in HTML e-mails that we send to our users to determine whether our users have opened those e-mails and/or clicked on links in those e-mails. We use Google Analytics, and it uses pixels for these purposes.

You can set your browser to refuse all or some browser cookies or other tracking technology files, or to alert you when these files are being sent. Some browsers and browser extensions support the Global Privacy Control (“GPC”) and other mechanisms that can send a signal to process your request to opt out from certain types of data processing, including data sharing and sales as defined under certain laws. When we detect such a signal, we will respect your choices indicated by a GPC setting or other setting as required by applicable law. Please note that some Services features may be unavailable as a result.

If you had agreed to receive physical mailings or email, you may opt out by emailing us at Support@vivalynx.com. It may take us thirty (30) days to remove you from the email or physical mailing list.

You may engage in certain transactions without submitting an inquiry, consultation request forms or emails through our websites and mobile apps. In such cases, we may gather personally identifiable information, which may include, but is not limited to, your computer’s IP address.

In the future, we may manage and place advertisements on our websites and mobile apps on behalf of third parties referred to herein as “network advertisers.” We may also use cookies and other technology to collect information when you click on or move your cursor over one of these banner advertisements. We do not use banner advertisements currently.

Please note if we were to add banner advertisements, once you have clicked on any such advertisement and have left our websites and mobile apps, our Privacy Policy no longer applies, and you must read the privacy policy of the advertiser to see how your personal information will be handled on its websites and mobile apps. Advertisers or other third-party companies will not have access to our cookies or other information-gathering technology.

We do not permit advertising pixels, cross-context behavioral advertising technologies, or similar tracking technologies to receive PHI. We restrict tracking technologies on authenticated, intake, scheduling, consultation, payment, and other health-related portions of the Services, and we evaluate vendors and data flows before enabling analytics or similar tools in those environments.

Where a service provider processes PHI for us, it may do so only under an applicable written agreement and only for permitted purposes. We do not permit such service providers to use PHI for their independent advertising, marketing, profiling, or product-development purposes.

WEBSITE AND MOBILE APP USAGE TRACKING

Please note that the Company may contract with a third-party to help manage and optimize our Internet business and communications. Website and mobile app usage tracking services help websites and mobile apps measure how visitors use and navigate a site and the effectiveness of advertising by using web beacons and/or cookies. The type of data that may be collected includes, but is not limited to, the pages visited and links clicked by users. Although such a third-party the Company would log the information coming from our site on our behalf, we would control how that data may and may not be used. Tracking technologies that we use are identified as follows: Google Analytics.

To the extent any of these automated technologies are considered a personal data sale, targeted advertising, or profiling, under applicable laws, depending on where you live, you may opt out from use of these automated technologies for such uses by enabling the Global Privacy Control or other similar opt-out mechanisms. Please note that some Services features may be unavailable as a result.

When you interact with the Services, there are third parties that may use automatic collection technologies to collect information about your or your device.

Google Analytics may use tracking technologies to collect information about you when you use the Services. The information they collect may be associated with your personal data or they may collect information, including personal data, about your online activities over time and across different websites, apps, platforms, and other online services.

We do not control Google’s tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

INFORMATION THAT WE COLLECT FROM OTHERS

We may supplement information that we have collected directly from our users with other information that we obtain from third parties. If and when we associate any information that we obtained from third parties with information that we have collected under this Privacy Policy, we will treat the acquired information exactly like the information that we collected ourselves.

HOW IS PERSONALLY IDENTIFIABLE INFORMATION USED?

We will never rent, sell, disseminate or share information about you with non-affiliated companies or third parties, except when we have your permission or under the circumstances set forth in detail below. The Company shall use your information and PHI to do the following:

Provide you with the Services and any contents, features, information, products, or services that we make available through the Services.
Send you promotional materials from us or third parties
Fulfill any other purpose for which you provide it.
Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for shipping, billing and collection.
Notify you when Services updates are available and about changes to any products or services we offer or provide though them.
In any other way we may describe when you provide the information.
For any other purpose with your consent.
The usage information we collect helps us improve our Services and deliver a better and more personalized experience by enabling us to:
Store information about your preferences, allowing us to customize the Services according to your individual needs and interests.
Speed up your searches.
Recognize you when you return to our Services.
Anonymize your information

To Whom We Disclose Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We do not disclose data that we collect, or you provide as described in this privacy policy to any third party unless the data is anonymized or anonymized and aggregated.

You may use the Services to share your PHI and personal information with third parties whom you designate at your sole discretion.

We may also disclose information we collect:

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 our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
With your consent.

We may also disclose your information:

To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.

State Specific Rights

Important HIPAA limitation. The privacy rights described in this section apply to personal information to the extent required by applicable state privacy law. They do not expand, replace, or alter rights relating to PHI. Requests concerning PHI handled by the Company as a business associate should be directed to the applicable covered entity or other HIPAA-regulated customer.

We provide all individuals, regardless of residency, with the ability to exercise their privacy rights. Some states, including California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, Nevada, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, Virginia, and Washington provide additional rights under state privacy laws, as follows in Section 2.

1. How to Exercise Your Rights

You may exercise your rights by completing the data subject request form.

We may require you to verify your identity before processing certain requests. Verification may consist of matching the information you provide with data already in our records. If you authorize an agent to submit a request on your behalf, we may require proof of authorization and may also require you to verify your identity directly with us.

2. Your Privacy Rights

Depending on your state of residence (as set forth above), you may have the following rights:

Right to Know / Access – Request disclosure of the categories and specific pieces of personal information we collect about you.

Right to Correct / Rectify – Request correction of inaccurate or incomplete personal information (excluding Iowa and Utah).

Right to Delete – Request deletion of your personal information, subject to exceptions permitted by law.

Right to Opt-Out of Sale or Sharing of Personal Information – Request that we not sell or share your personal information, including for targeted advertising.

Right to Opt-Out of Targeted Advertising – Request that we not use your personal information for targeted advertising (excluding Iowa).

Data Portability – Request that we send you your personal information in a structured, commonly used, and machine-readable format enabling you to move data between service providers

Right to Appeal – Appeal our decision if we decline to act on a privacy request (where state law requires this right).

Right to Non-Discrimination – Exercise your privacy rights without discrimination

Right to Opt Out of Profiling in furtherance of decisions that produce a legal or a similarly significant effect (excluding Iowa and Utah).

3. Additional State-Specific Rights

California Residents: You also have rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA). These include the Shine the Light Law (Cal. Civ. Code §1798.83), which allows you to request details about how we share your personal information with third parties for direct marketing purposes. To exercise this right, email us at Support@vivalynx.com, include “California Privacy Rights Request” in your communication, and provide your name, street address, city, state, and ZIP code.

Connecticut, Delaware, Oregon Residents: You have rights similar to those described above, including the right to appeal if we decline to act on your request.

Nevada Residents: You have the right to opt out of the sale of certain pieces of information to third parties who will sell or license that information to others.

HOW WE PROTECT YOUR INFORMATION

We use commercially reasonable administrative, physical, and technical measures designed to protect your personal data from accidental loss or destruction and from unauthorized access, use, alteration, and disclosure. However, no website, mobile application, system, electronic storage, or online service is completely secure, and we cannot guarantee the security of your personal data transmitted to, through, using, or in connection with the Services. In particular, email, texts, and chats sent to or from the Services may not be secure, and you should carefully decide what information you send to us via such communications channels. No method of transmission or storage is completely secure. We maintain safeguards designed to protect personal information and PHI as required by applicable law and our contractual obligations. You should use care when communicating through unencrypted channels, but this statement does not limit our legal or contractual responsibilities to safeguard information in our possession or control.

The safety and security of your information also depends on you. You are responsible for taking steps to protect your personal data against unauthorized use, disclosure, and access.

How We Retain Your Information

We keep the information described in this policy for as long as reasonably necessary to fulfill the purposes described or for as otherwise legally permitted or required, such as maintaining the Services, operating our organization, complying with our legal obligations, resolving disputes, and for safety, security, and fraud prevention. This means that we consider our legal and business obligations, potential risks of harm, and nature of the information when deciding how long to retain your information. At the end of the retention period, your information will be deleted, destroyed, or deidentified.

Where we process PHI as a business associate, we retain, return, destroy, or deidentify PHI in accordance with the applicable written agreement, applicable law, and our documented retention and destruction procedures. If return or destruction is infeasible, we will continue to protect the information and limit further uses and disclosures as required by applicable law and the applicable written agreement.

CHILDREN AND MINORS

Our Services are not intended for, and we do not knowingly collect any personal information from, children under the age of 18. If we learn we have collected or received personal data from a child under 18 years old without verification of parental consent, we will delete that information.

CONTACT US

Data Deletion. If you would like to request to have your data deleted, please contact the Privacy Officer at Support@vivalynx.com or 518 300-1563.

If you have any questions or wish to send us comments about this Privacy Policy, you can e-mail us directly at Support@vivalynx.com. You can also write to us at the following address:

Attn: Customer Support

251 State Street, STE 203-206

Schenectady NY 12305

Phone: (518) 300-1563

Changes to Our Privacy Policy

We may update this policy from time to time, and we will provide notice of any such changes to the policy as required by law. The date the privacy policy was last updated is identified at the top of the page. We will notify you of changes to this policy by updating the "last updated" date and posting the updated policy on the Services. We may email or otherwise communicate reminders about this policy, but you should check our Services periodically to see the current policy and any changes we have made to it.