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9AMHEALTH INC.
PRIVACY POLICY

LAST UPDATED:  June 18, 2024

This Privacy Policy explains how 9amHealth Inc. and its affiliates (collectively, “9amHealth,” “we,” or “us”) collect, use, and share information about you when you use websites operated by us (including www.join9am.com, the “Websites”); use our software platform, whether via web or through our mobile application (the “Platform”); receive products from us; engage with our owned and operated social media channels; or otherwise communicate electronically with us (including via email, text message, or other electronic messaging). We refer to all such interactions collectively in this Privacy Policy as your use of our “Services.”

If you create an account with 9amHealth, you may become a patient of our associated medical group, 9amHealth Medical Group, PA, and its affiliates (collectively, the “Medical Group”). This personal information collected, used, and disclosed in connection with the telemedicine visits or other health care or treatment-related services you may receive from the Medical Group will become subject to the 9amHealth Notice of Privacy Practices.  We encourage you to review this Privacy Policy and our Notice of Privacy Practices frequently to stay informed about our privacy practices and how you can exercise your options related to those practices.

1. Information We Collect

We collect information about you when you visit our Websites, use our Platform, receive products from us, or otherwise use our Services, and when you choose to provide information to us directly. The types of personal information we may collect include the following:

Information You Provide to Us

We collect information that you provide directly to us when you use the Services, for example by creating an account with us or contacting us with questions or feedback.  This information may include the following:

  • Identifiers, such as your name, date of birth, email address, telephone number, address, username and password.
  • Demographic information, such as your sex assigned at birth and gender identity.
  • Sample information, such as information regarding blood or other biological sample(s) you may submit for processing and analysis via our Services, including via the Tasso collection device.
  • Health information, such as family and personal medical history, weight, height, lifestyle, medication history, and allergy information.
  • Employment information, such as the name and contact information of your employer.
  • Insurance information, such as information related to your insurance provider and policy.
  • User generated content, such as personal information you include in comments, survey responses, or while otherwise communicating directly with us.

Some of the information that we collect may be considered “sensitive personal information” in certain territories, including information related to your health. Unless we specifically request it, we ask that you not send through the Services or otherwise disclose to us any sensitive personal information.

Note that you may be required to provide financial information, such as your credit or debit card number, to our third-party payment processor, in order to pay for your subscription or any out-of-pocket expenses.  We do not collect or store such financial information and we are not responsible for the payment processor’s data collection or storage.

Personal information does not include de-identified or aggregated information that can no longer be used to identify a specific individual.

Information We Collect Automatically 

We may automatically collect information about you when you access the Services.  This information may include the following:

  • Device information such as device model, operating system and version, unique device or personal identifiers, mobile network information, IP address, or browser type; or
  • Activity information such as when you accessed the Services, which pages you viewed, how you interacted with the Services, and which sites you visited before and after accessing the Services.

 

How We Use Cookies

We collect and store some of the information described under “Information We Collect Automatically” by using cookies and other similar technologies like pixels, tags, and web beacons (collectively, “Cookies”).  Cookies are small strings of information that a website you visit transfers to your browser.  Cookies can be used to track your internet activity, remember your preferences, or improve your user experience.  Some cookies are necessary to operate a website, while others are not. You can decide if and how your device will accept cookies by configuring your browser settings.  If you choose to reject cookies, you may not be able to use certain features of the Services.

Information We Collect from Third Parties

We may collect information about you from third parties. This information may include the following:

  • Employer or Health Plan information such as your Identifiers or your eligibility to use our Services.
  • Joint Marketing Partner information such as your participation information for a jointly run promotion or event.
  • Service Provider information such as information we receive from the third-party service providers we work with to collect the Device information and Activity information described above.
  • Cookie information such as information we obtain from third parties when we allow them to place their own cookies on the Websites to help us with measuring site traffic, personalizing your experience, and conducting analytics.  The information collected and stored by these third parties is subject to their own privacy policies and practices. We currently use the following third party cookies:
  • Functionality cookies. Functionality cookies help us enhance how the Services work, including by remembering your specified preferences and enabling customer support interactions. Third-parties that set functionality cookies on the Services are Hubspot and Zendesk.
  • Analytics cookies. Analytics cookies help us analyze how you use the Service, including by tracking how you interact with the Service, which pages you visit, and errors you may encounter. Third-parties that set analytics cookies on the Services are Google Analytics, Hotjar, Hubspot, and Mixpanel.

 

2. How We Use Your Information

We may use the information we collect about you to serve the following purposes:

  • Providing, maintaining, and improving the Services. This includes creating and managing your account with 9amHealth; providing information and the Services to you; confirming your eligibility for the Services; analyzing your Sample information; completing your transactions; personalizing your experience by remembering certain details about you and your account when you use the Services; developing new features, products, and services; enhancing and improving the Services; performing data analytics (including through the use of session replay tools); performing health outcome analysis; and performing accounting, auditing, billing, and other internal functions.
  • Communicating with you. This includes responding to your comments, questions, and requests and providing customer support; facilitating your communication with the Medical Group if you choose to engage with it; providing the information and products you request or purchase; communicating with you about, and administering your participation in, surveys, promotions, and other programs we may offer; sending you marketing communications; and providing technical notices, updates, security alerts, and other informational or administrative messages.
  • Securing the Services and our systems. This includes detecting, investigating, protecting against, and preventing fraud and other unlawful or unauthorized activities.
  • Marketing and advertising. This includes communicating with you to market or advertise the Services or about other products, services, offers, promotions, rewards or events offered by 9amHealth or others; and administering contests, sweepstakes, and promotions.
  • Complying with legal and regulatory obligations. This includes complying with valid legal and regulatory obligations; defending ourselves from potential litigation or claims; and complying with relevant industry standards and our own terms and policies.
  • Other uses. We may use your personal information for other purposes as described to you at the time such information is collected, at your direction, or with your consent.

 

3. How We Disclose Your Information

We may disclose your information to third parties as follows:

  • Business Partners and Service Providers. We use certain third parties to help deliver the Services to you or help us operate our business, including cloud service providers, laboratory partners, healthcare clearinghouses, payment processors, data analytics providers, marketing and communications partners, health information exchange databases, and security vendors. Whenever we share data with third-party service providers, we require that they use your information only for the purposes we’ve authorized and for the limited reasons explained in this Privacy Policy. We also require these service providers to protect your personal data to at least the same standards that we do.
  • Healthcare Partners.
  • Upon your request and with your consent, we may disclose your information to the health system, practice, or clinic where your provider practices, or with other providers that you designate to receive your information.
  • When you choose to engage with the Medical Group, we may share your personal information with them so that they may provide virtual consultations to you. The use and disclosure of your protected health information, or PHI, by the Medical Group is governed by their Notice of Privacy Practices.
  • Your Employer. We may share your information with your employer in order to facilitate reimbursements, for reporting purposes, or to investigate fraud or misuse of the Services.
  • Professional Advisors. We may share your information with our professional advisors, such as auditors, accountants, or lawyers.
  • Authorities, Law Enforcement, and the Public Interest. We may share your information to protect the legal rights, safety, or security of 9amHealth and our community, such as to enforce our Terms of Service or to prevent fraudulent or unlawful activity.  We will not release any individual-level personal information to law enforcement or a government authority unless we believe in good faith that such disclosure is required by law. We may also use your personal information to establish, exercise, or defend legal claims.
  • Affiliates. We may share your information with our current and future affiliate companies for the purposes described in this Privacy Policy.
  • Business Transfers. We may share your information with third parties in connection with an actual or prospective change to the control or financial status of 9amHealth, such as a merger, sale of our assets, financing, acquisition, or bankruptcy.

 

4. Your Privacy Choices

Your use of our Services is voluntary. You may decline to share certain information with us, in which case we may not be able to provide you with some or all the features and functionality of the Services.

  • Emails: If you no longer wish to receive marketing emails from us, you can unsubscribe at any time by following the instructions in those emails. You can also email us your opt-out request to privacy@join9am.com with the subject line “Email opt-out request”. Please note that even if you unsubscribe from marketing or other nonessential emails, you may still receive emails from us related to the Services, such as emails about changes to our policies.
  • Text Messages: With your consent as required by applicable law, we may send communications containing Services information, sales, marketing, or advertising messages, by autodialed, prerecorded, or artificial voice calls or SMS, or text messages, at any phone number or email address you provide in connection with your account, even if your phone number is on the national or any state’s do-not-call registry. If you no longer wish to receive text messages from us, you can unsubscribe at any time by texting “STOP” in response to a text message from 9amHealth.
  • Cookies: Many web browsers enable cookies by default.  You can change your cookie settings or disable cookies at any time by updating your browser settings. You can find more information on how to opt-out of cookies at https://www.usa.gov/optout-instructions.
  • Do Not Track Signals: We do not currently recognize or respond to automated browser signals regarding tracking, such as “Do Not Track” signals.

 

5. Children’s Privacy

The Services are not intended for children, and we do not knowingly collect personal information from individuals under the age of 16. If you believe we might have any personal information from or about a child under 16, please contact us immediately at privacy@join9am.com.

6. Information Security

We take reasonable steps to protect your personal information from loss or unauthorized use, access, disclosure, alteration, or destruction. However, it remains possible that third parties may unlawfully intercept or access transmissions or private communications and may abuse or misuse your personal information that they unlawfully collect from the Services. Additionally, we can’t guarantee the complete security of any personal information you disclose online. For example, emails sent to or from our Services may not be secure, and so you should take care when considering what information you send to us via email. To the extent permitted under applicable law, we assume no liability or responsibility for the loss, disclosure, or destruction of your personal information due to errors in transmission, unauthorized access by third parties, or other causes beyond our control.

7. Information Retention

We retain your personal information for as long as necessary to fulfill the purposes for which it was collected or for other essential purposes, such as complying with our legal obligations, resolving disputes, enforcing our agreement, or otherwise as required or permitted by law.

Notwithstanding the foregoing, all protected health information and certain other data that may be considered part of a medical record will be maintained in accordance with all applicable medical retention laws, rules and regulations, by the Medical Groups. If after your user account has been deactivated, you need access to your medical data, please contact the Medical Groups directly.

8. Third Party Content

The Services may make available or provide links to websites and services provided and operated by third parties (“Third Party Content”). 9amHealth does not control, and is not responsible for, any Third Party Content, and this Privacy Policy does not apply to Third Party Content.  We encourage you to review the privacy and security policies applicable to any Third Party Content before engaging with it.

9. Geographic Restriction

The Services are hosted in the United States and intended for use by residents of the United States. We make no representations that the Services are appropriate or available for use in any location outside of the United States. If you are a resident of another country or are using the Services from outside of the United States, please note that you are transferring your data to the United States, which does not have the same data protection laws as other regions.

10. Contact Information

If you have any questions about this Privacy Policy or would like to exercise your data protection rights, you can reach us at privacy@join9am.com. You may also contact us at the below address:

9amHealth Inc.
914 N. Coast Highway 101, Suite A
Encinitas, CA 92024