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Privacy Policy

Last Updated: August 23, 2022

Charlie Health, Inc., and our affiliates, subsidiaries, and co-branding partners, (collectively, “Charlie Health,” “we,” “our,” and “us”) provides personalized mental health treatment for teens, young adults & families. This Privacy Policy is designed to help you understand how we collect, use, and share your personal information and to help you understand and exercise your privacy rights.

  1. 1. SCOPE
  2. 2. PERSONAL INFORMATION WE COLLECT
  3. 3. HOW WE USE YOUR INFORMATION
  4. 4. HOW WE DISCLOSE YOUR INFORMATION
  5. 5. YOUR PRIVACY CHOICES AND RIGHTS
  6. 6. SECURITY OF YOUR INFORMATION
  7. 7. INTERNATIONAL DATA TRANSFERS
  8. 8. RETENTION OF PERSONAL INFORMATION
  9. 9. SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS
  10. 10. SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS
  11. 11. CHILDREN’S INFORMATION
  12. 12. OTHER PROVISIONS
  13. 13. CONTACT US

1.  SCOPE

This Privacy Policy applies to personal information processed by us, including on our websites, mobile applications , and other online or offline offerings. To make this Privacy Policy easier to read, our websites, mobile applications, and other offerings are collectively called “Services.” Charlie Health may provide additional privacy notices and authorizations to individuals at the time we collect their personal information. 

HIPAA  Notice of Privacy Practices. This Privacy Notice does not apply to our processing of “Protected Health Information” as a “Covered Entity” under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Where we or related members of our organized health care arrangement act as a “Covered Entity”, we provide a specific privacy notice and patient consent form to participants that describes our privacy practices in connection with collecting medical information when you sign up for a clinical consultation or other session or meeting with a healthcare provider.  Such separate HIPAA Notice of Privacy Practices  will govern our use of your personal information related to the therapy, including any “Protected Health Information.”  

2. PERSONAL INFORMATION WE COLLECT

The categories of personal information we collect, with your consent, depend on how you interact with us, our Services, and the requirements of applicable law. For example, we may collect different information depending on whether you are a patient or visitor to our website. We collect information that you provide to us, information we obtain automatically when you use our Services, and information from other sources such as third-party services and organizations, as described below.

A. Information You Provide to Us Directly

We may collect the following personal information that you provide to us.

· Account Creation. We may collect information when you create an account on our site, such as your name, date of birth, guardian name (if applicable), email, and phone number.

· Contact Us. If you use one of our “Contact Us”, “Get Help Now” or similar features or subscribe or register for one of our products or services (or create an account for any such product or service), we may collect your email address, first and last name, telephone number, address, and, if applicable, organization information.

· Filling in Forms on our Websites. If you request to receive information, subscribe to a mailing list, or register to volunteer, we will collect information such as your first and last name, email address, and telephone number.

· Service Access. We may collect information when you access our Services through our website or related online portals.

· Purchases. We may collect personal information and details associated with your purchases, including payment information. Any payments made via our Services are processed by third-party payment processors. We do not directly collect or store any payment card information entered through our Services, but it may receive information associated with your payment card information (e.g., your billing details).

· Your Communications with Us. We may collect personal information, such as email address, phone number, or mailing address when you request information about our Services, register for our newsletter or loyalty program, request customer or technical support, apply for a job, or otherwise communicate with us.

· Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.

· Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.

· Job Applications. We may post job openings and opportunities on our Services. If you reply to one of these postings by submitting your application, CV and/or cover letter to us, we will collect and use your information to assess your qualifications.

B. Information Collected Automatically

We may collect personal information automatically when you use our Services:

· Automatic Data Collection Through Our Services. We may collect certain information automatically when you use our Services, such as your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, browser or device information, location information (including approximate location derived from IP address), and Internet service provider. We may also automatically collect information regarding your use of our Services, such as pages that you visit before, during and after using our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Services.

·  Cookies, Pixel Tags/Web Beacons, and Other Technologies. We, as well as third parties that provide content, advertising, or other functionality on our Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through your use of our Services.

C. Information Collected from Other Sources

We may obtain information about you from other sources, including through third-party services and organizations. For example, we may obtain information related to your medical history through your healthcare provider (a “Healthcare Provider”).  

3. HOW WE USE YOUR INFORMATION

We use your information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described below.

A. Provide Our Services

We use your information to fulfill our contract with you and provide you with our Services, such as:

·        Managing your information and accounts;

·        Providing access to certain areas, functionalities, and features of our Services;

·        Answering requests for customer or technical support;

·        Communicating with you about your account, activities on our Services, and policy changes;

·        Processing your financial information and other payment methods for products or Services purchased;

·        Processing applications if you apply for a job we post on our Services; and

·        Allowing you to register for events.

B. Administrative Purposes

We use your information for various administrative purposes, such as:

·        The purposes set forth in the authorization you provide to Charlie Health;

·        Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;

·        Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;

·        Measuring interest and engagement in our Services;

·        Short-term, transient use, such as contextual customization of ads;

·        Improving, upgrading or enhancing our Services;

·        Developing new products and Services;

·        Ensuring internal quality control and safety;

·        Authenticating and verifying individual identities, including requests to exercise your rights under this policy;

·        Debugging to identify and repair errors with our Services;

·        Auditing relating to interactions, transactions and other compliance activities;

·        Enforcing our agreements and policies; and

·        Complying with our legal obligations.

C. Marketing and Advertising our Products and Services

We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law.

Some of the ways we market to you include email campaigns, custom audiences advertising, and “interest-based” or “personalized advertising,” including through cross-device tracking.

If you have any questions about our marketing practices or if you would like to opt out of the use of your personal information for marketing purposes, you may contact us at any time as set forth in “Contact Us” below.

D. Analytics

We may use Technologies and other third-party tools to process analytics information on our Services. Some of our analytics partners include:

· Google Analytics. We use analytics services provided by Google Inc. This allows us to process usage data to better understand how our website and web-related Services are used. This enables us to continually improve our website, making it relevant to your interests and needs. This may involve personal data, such as cookie and other device identifiers. The data collected by Google Analytics is usually transferred to a Google server in the USA and processed there. In addition, Google uses your data for its own purposes, e.g. for profiling or linking it to other data. For more information, please visit Google Analytics’ Privacy Policy. To learn more about how to opt-out of Google Analytics’ use of your information, please click here.

E. Other Purposes

We also use your information for other purposes as requested by you or as permitted by applicable law.

· Consent.  We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.

· De-identified and Aggregated Information. We may use your personal information and other information about you to create de-identified and/or aggregated information, such as de-identified demographic information, de-identified location information, de-identified health information, de-identified information about your use of the connected medical device, information about the device from which you access our Services, or other analyses we create. De-identified and/or aggregated information is not personal information, and we may use and disclose such information in a number of ways, including the development of future learnings, research, internal analysis, analytics, and any other legally permissible purposes.

· Share Content with Patients and Healthcare Providers. Our Services may offer various tools and functionalities. For example, we may allow you to provide information about your patients or Healthcare Provider through our referral services. Our referral services may allow you to forward or share certain content with a patient or Healthcare Provider, such as an email inviting a patient to enroll in our Services. Please only share with us contact information of people with whom you have a relationship (e.g., your patients or Healthcare Provider) and in all cases in accordance with all applicable law.

4. HOW WE DISCLOSE YOUR INFORMATION

We disclose your information to third parties for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.

A. Disclosures to Provide our Services

The categories of third parties with whom we may share your information are described below.

· Service Providers. We may share your personal information with our third-party service providers who use that information to help us provide our Services. This includes service providers that provide us with IT support, hosting, payment processing, customer service, and related services.

· Business Partners. We may share your personal information with business and co-branding partners to provide you with a product or service you have requested. We may also share your personal information to business and co-branding partners with whom we jointly offer products or services.

· Affiliates. We may share your personal information with our company affiliates for our administrative purposes, including activities such as IT management, for them to provide services to you or support and supplement the Services we provide.

· Healthcare Providers. We may share your personal information with your Healthcare Provider in order to provide the Services.

· Other Users/Website Visitors. As described above in “Personal Information We Collect,” our Services allow you to share User Content publicly, including to those who do not use our Services.

· Third-Party Services. Certain features and functionalities within the Services may allow you to interface or interact with, access, use, and/or disclose personal information to third-party services, products, technology, medical device implant manufacturers, health care providers, and applications (collectively, “Third-Party Services”). Charlie Health does not provide any aspect of the Third-Party Services and is not responsible for your use of or sharing of information with the Third-Party Services. Once your personal information has been shared with the Third-Party Service, it will also be subject to the Third-Party Service’s privacy policy and the Third-Party Service may use your personal information for its own purposes. We encourage you to closely read each Third-Party Service’s privacy policy with whom you share your personal information. You acknowledge sole responsibility for and assume all risk arising from your use of or sharing of information with any Third-Party Services. Charlie Health

· Advertising Partners. We may share your personal information with third-party advertising partners, subject to applicable law. These third-party advertising partners may set Technologies and other tracking tools on our Services to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for purposes of delivering personalized advertisements to you when you visit digital properties within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.”

· APIs/SDKs. We may use third-party Application Program Interfaces (“APIs”) and Software Development Kits (“SDKs”) as part of the functionality of our Services. For more information about our use of APIs and SDKs, please contact us as set forth in “Contact Us” below.

B.  Disclosures to Protect Us or Others

We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.

C. Disclosure in the Event of Merger, Sale, or Other Asset Transfers

If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.

5. YOUR PRIVACY CHOICES AND RIGHTS

Your Privacy Choices. The privacy choices you may have about your personal information are determined by applicable law and are described below.

· Email and Telephone Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding our Services or updates to our Terms or this Privacy Policy).

· Text Messages. You may opt out of receiving text messages from us by following the instructions in the text message you have received from us or by otherwise contacting us.

· Mobile Devices. We may send you push notifications through our mobile application. You may opt out from receiving these push notifications by changing the settings on your mobile device. With your consent, we may also collect precise location-based information via our mobile application. You may opt out of this collection by changing the settings on your mobile device.

· “Do Not Track. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

Your Privacy Rights. In accordance with applicable law, you may have the right to:

· Access Personal Information about you, including: (i) confirming whether we are processing your personal information; (ii) obtaining access to or a copy of your personal information;

· Request Correction of your personal information where it is inaccurate, incomplete or outdated. In some cases, we may provide self-service tools that enable you to update your personal information;

· Request Deletion, Anonymization or Blocking of your personal information when processing is based on your consent or when processing is unnecessary, excessive or noncompliant;

· Request Restriction of or Object to our processing of your personal information when processing is noncompliant;

· Withdraw your Consent to our processing of your personal information. If you refrain from providing personal information or withdraw your consent to processing, some features of our Service may not be available;

· Request data portability and receive an electronic copy of personal information that you have provided to us;

· Be informed about third parties with which your personal information has been shared; and

· Request the review of decisions taken exclusively based on automated processing if that could affect data subject rights.

If you would like to exercise any of these rights, please contact us as set forth in “Contact Us” below. We will process such requests in accordance with applicable laws.

6. SECURITY OF YOUR INFORMATION

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We have taken appropriate safeguards to require that your personal information will remain protected and require our third-party service providers and partners to have appropriate safeguards as well. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure.

By using our Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on our Services, by mail or by sending an email to you.

7. INTERNATIONAL DATA TRANSFERS

All information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws.

8. RETENTION OF PERSONAL INFORMATION

We store the personal information we collect as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws. 

9. SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS

This Supplemental California Privacy Notice only applies to our processing of personal information that is subject to the California Consumer Privacy Act of 2018 (“CCPA”). The CCPA provides California residents with the right to know what categories of personal information Charlie Health has collected about them and whether Charlie Health disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding 12 months. California residents can find this information below:

Category of Personal Information Collected by Charlie Health
Category of Third Parties Information is Disclosed to for a Business Purpose
Identifiers.

A real name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.
·        Advertising networks
·        Data analytics providers
·        Service providers
·        Healthcare Providers
·        Business Partners and Affiliates
·        Government entities
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))

A name, signature,  physical characteristics or description, address, telephone number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
·        Service providers
·        Healthcare Providers
·        Business Partners and Affiliates
·        Government entities
Protected classification characteristics under California or federal law

Age, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions),  genetic information (including familial genetic information).
·        Government entities
·        Service providers
·        Healthcare Providers
·        Business Partners and Affiliates
Commercial information

Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
·        Service providers
·        Healthcare Providers
·        Business Partners and Affiliates
Biometric information

Physiological, biological, or behavioral, characteristics (including DNA) that can be used to establish individual identity, and rhythms, gait patterns, or rhythms, and sleep, health or exercise data that contain identifying information.
·        Service providers
·        Healthcare Providers
·        Business Partners and Affiliates
Internet or other electronic network activity

Browsing history, search history, information on a consumer's interaction with an internet website, application, or advertisement.
·        Service providers
·        Business Partners and Affiliates
·        Advertising networks
·        Data analytics providers
Geolocation data

Physical location.
·        Service providers
Sensory data

Audio, electronic, visual, thermal, olfactory, or similar information.
·        Service providers
·        Healthcare Providers
Professional or employment-related information (from healthcare providers)

Current or past job history.
·        Service providers
·        Business Partners and Affiliates
Inferences drawn from other personal information to create a profile about a consumer

Profile reflecting a consumer's characteristics, psychological trends, behavior, abilities, and aptitudes.
·        Service providers
·        Healthcare Providers
·        Business Partners and Affiliates

The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth in “Personal Information We Collect” and “How We Use Your Personal Information” above, respectively.

“Sales” of Personal Information under the CCPA

For purposes of the CCPA, Charlie Health does not “sell” personal information, nor do we have actual knowledge of any “sale” of personal information of minors under 16 years of age.

Additional Privacy Rights for California Residents

· Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA.

· Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact us as set forth in “Contact Us” below and provide written authorization signed by you and your designated agent.

Verification. To protect your privacy, we will take the following steps to verify your identity before fulfilling your request. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include asking you to answer questions regarding your account and use of our Services.

If you are a California resident and would like to exercise any of your rights under the CCPA, please contact us as set forth in “Contact Us” below. We will process such requests in accordance with applicable laws.

Accessibility. This Privacy Policy uses industry-standard technologies and was developed in line with the World Wide Web Consortium’s Web Content Accessibility Guidelines, version 2.1. If you wish to print this policy, please do so from your web browser or by saving the page as a PDF.

California Shine the Light. The California “Shine the Light” law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties.

Right for minors to remove posted content. Where required by law, California residents under the age of 18 may request to have their posted content or information removed from the publicly-viewable portions of the Services by contacting us directly as set forth in Contact Us below.

10. SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. You can exercise this right by contacting us at privacy@charliehealth.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account.  Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth below.

 

11. CHILDREN’S INFORMATION

The Services are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect personal information from children, except where we have parent’s verifiable consent.

 

If you are a parent or guardian and wish to review information collected from your child, or have that information modified or deleted, you may contact us as described in “Contact Us” below. If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it, and terminate the child’s account if applicable.

12. OTHER PROVISIONS

Third-Party Websites/Applications. The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk.

Supervisory Authority.

If you are located in the European Economic Area, Switzerland, the United Kingdom or Brazil, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.

Changes to our Privacy Policy. We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use our Services after the new Privacy Policy takes effect.

13. CONTACT US

If you have any questions about our privacy practices or this Privacy Policy, or to exercise your rights as detailed in this Privacy Policy, please contact us at:

Charlie Health, Inc.

privacy@charliehealth.com

Or at:

Privacy Officer

Charlie Health

233 E. Main Street Suite 401

Bozeman, Montana 59715