NEB PRIVACY POLICY

Effective as of: May 2nd, 2019

Neb Health Inc (“us,” “we,” or “Neb”) is committed to respecting the privacy rights of its customers, visitors, and other users of the Neb Mobile Application (the “Application”) and Website (the “Site”) as well as the services provided through the Application (“Services”). We created this Privacy Policy to give you confidence as you visit and use the Application and Site, and to demonstrate our commitment to fair information practices and the protection of privacy. This Privacy Policy is only applicable to the Application and the Site, and not to any other websites that you may be able to access from the Application and Site, each of which may have data collection and use practices and policies that differ materially from this Privacy Policy. Unless we define a term in this Privacy Policy, all capitalized terms used herein have the same meanings as in our Terms of Use. Please therefore make sure that you have read and understand our Terms of Use.

BY ACCESSING OR USING THE APPLICATION, SITE, AND/OR SERVICES, YOU ARE DEEMED TO HAVE ACCEPTED THE TERMS OF THIS PRIVACY POLICY AND HEREBY CONSENTED TO THE COLLECTION, USE, AND SHARING OF YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, YOU CANNOT USE THE SERVICES. IF YOU USE THE SERVICES ON BEHALF OF SOMEONE ELSE (SUCH AS YOUR CHILD) OR AN ENTITY (SUCH AS YOUR EMPLOYER), YOU REPRESENT THAT YOU ARE AUTHORIZED BY SUCH INDIVIDUAL OR ENTITY TO ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF.

We may revise this Privacy Policy from time to time.  If we make revisions that change the way we collect or use your information, those changes will be posted in this Privacy Policy and the effective date will be noted at the top of the Privacy Policy. Therefore, you should review it periodically so that you are up to date on our most current policies and practices. If we make material changes to our practices regarding use of your information, your information will continue to be governed by the Privacy Policy under which it was subject prior to those changes, unless you have been provided notice of, and have not objected to, the changes.

INFORMATION COLLECTION PRACTICES

Personal Information We Collect

When you register for the Application, subscribe to our Services, or transmit a request for an appointment with a licensed mental healthcare provider (each, a “Provider”), we collect personally identifiable information (“PII”), which may include personally identifiable health or medical information (“Personal Health Information” or “PHI”). PII is information about you that may be used to identify you (such as your name, phone number, or address).  Personal Health Information is PII combined with information that relates to (a) your past, present, or future physical or mental health or condition, (b) the provision of health care to you, or (c) your past, present, or future payment for the provision of health care. We will not use any health-related information for any other purpose without your written authorization, or unless otherwise permitted or required by law. You may revoke, in writing, any such authorization at any time, by terminating your Neb account and use of Services, by emailing support@neb.health, except to the extent we have taken action in reliance thereon.  

Please keep in mind that certain features on the Application or Site may give you an opportunity to interact with us and others. These may include forums, message boards, chats, creating community profiles, and rating, tagging and commenting on articles. When you use these features you should be aware that any information you submit, including your name, location, health issues, and email address, may be publicly available to others. We do not protect the privacy of and are not responsible for your disclosure of any information through these interactive features, including, but not limited to information that you might post related to a minor.

Lastly, when you make a payment through our Services (as further described in and subject to other provisions of the Terms of Use), your payment card information is collected and stored by our payment processing partner, Stripe, Inc. Our payment processing partner collects your voluntarily provided payment card information necessary to process your payment. Such partner’s use and storage of information is governed by its applicable terms of use and privacy policy. The information we store includes your payment card type and the last four digits of the payment card.

HIPAA and PHI

This section governs our use and disclosure of your PHI. If there is a conflict between the terms of this Section and any other terms of this Privacy Policy or Neb’s Terms of Use, the terms in this section will govern. To the extent we receive, create, maintain, use or disclose any of your PHI, we will maintain the privacy and security of such information as required by the federal patient privacy law known as the Health Insurance Portability and Accountability Act and the regulations promulgated under that Act (“HIPAA”), as well as any applicable state and other federal privacy policy laws.  Your PHI is protected under HIPAA and under certain state laws. Those laws give you rights with respect to the access, use, and disclosure of PHI by your Providers and us. For a more complete description of your rights under HIPAA and the uses and disclosures of your PHI, please refer to your Provider’s Notice of Privacy Practices. We will not disclose your PHI without your prior written consent with other people or non-affiliated companies unless: (i) it is needed to provide our Services, (ii) it has been “de-identified” so that it cannot identify you, (ii) we have your prior written consent, (iv) disclosure is required by law, or (v) we are acquired or file for bankruptcy.

Additional Information We Collect

  • Cookies.  Our Application and Site may use cookies and other technologies to collect information. “Cookies” are small text files that web servers place on the hard drive of your computer or mobile device, allow you to personalize and store your settings; collect usage information; monitor web traffic; and help us improve our sites by measuring which areas are of greatest interest to users.  Cookies cannot be used to run programs or deliver viruses to your computer and they are not linked to any PII.

  • Tracking and/or Analytics Services. We may use tracking and/or analytics services. These services may record unique mobile gestures such as tap, double-tap, zoom, pinch, scroll, swipe and tilt but do not collect PII that you do not voluntarily enter in the Application or Site. These analytics services generally do not track your browsing habits across web services external to Neb that do not use the same services. We use the information collected by these services to understand user behavior and optimize application or site performance.

  • Web Beacons. We may also use web beacons (invisible images often referred to as pixel tags or clear GIFs) to recognize users and assess traffic patterns, and we may include web beacons and cookies in our email messages to count how many email messages have been opened.

  • Mobile Device Information. Your use of the Application may also include collection of information from your mobile device.  For example, the Application may request access to multimedia (photos or videos) stored on your mobile device.  Multimedia will only be collected from your device if you affirmatively select it to upload to the application (i.e., you choose an image or video to store within the Application).  Multimedia will not be shared with other Application users (with the exception of your profile photo, to the extent such feature is offered, which will appear in your user profile).

  • Third-Party Links. Our Application or website may contain links to sites that are not operated by Neb. You may be asked by those sites to provide PII or to release information you may have provided on our Application or Site. You are not required to provide or release any PII. We may also allow certain “widgets” (i.e., social share buttons) on our Site to allow users to easily share information to social media or other platforms. The third parties that own these widgets may have access to information about your browsing history on websites where the widgets are placed. We encourage you to review the privacy policies of any third-party websites you choose to navigate to via hyperlink from our Application or Site, or social media platforms so that you can understand how those websites/platforms collect, use, and share your information. Neb does not control, and is therefore not responsible, for the privacy policies or other content on third-party websites or social media platforms.

USE AND SHARING OF INFORMATION

What We Do With Collected Information

Subject to this Privacy Policy, the Terms of Use, and applicable terms and conditions of third-party applications, all data transmitted through the Application or Site is owned by Neb; provided, however, that any PHI that you provide for the purpose of receiving health care services from Providers will be solely owned by the treating Provider, as applicable. To the extent Neb is precluded from owning data transmitted through the Application or Site, you grant Neb a perpetual, worldwide, royalty-free  license to use such data (with the exception of PHI) to the extent necessary to enable use of the Application, the Site, and Services. Generally, we may use information in the following ways:

  • PII. We will not share your PII with any third parties without your consent, except as necessary to provide you with the services offered by us or to comply with the law. We may use your PII to verify your identity, to check your qualifications, or to follow up with transactions initiated on the Application and Site. We may also use your contact information to inform you of any changes to the Application and Site, or to send you additional information about Neb.

  • Anonymous Information. We use anonymous information, meaning non-personally identifiable information that alone or in combination withsimilar information can not be used to identify you, to analyze our Application and Site traffic, but we do not examine this information for PII. In addition, we may use anonymous IP addresses to help diagnose problems with our server, to administer our Application and/or Site, or to display the content according to your preferences.

  • Use of Cookies. We may use cookies to deliver content specific to your interests, to save your password so you don’t have to re-enter it each time you visit our Site, or for other purposes. Promotions displayed on our Site may contain cookies. We do not have access to or control over information collected by outside advertisers on our Site. Please note that the collection, use, and sharing of your information, as described in this Privacy Policy, may continue regardless of whether or not you enable “Do Not Track” functionality on your browser or device.

  • Disclosure of PII. We may disclose PII that you provide via the Application and Site to the following third parties:

    • Providers upon a request by you to book an appointment with a Provider.  That Provider’s treatment of your information is subject to such Provider’s own policies and procedures.

    • Our subsidiaries, affiliates, and joint venture partners.

    • Contractors, vendors, and service providers we use to support our business and the Application and Site.

  • Disclosure for Legal Purposes. We may also disclose PII that you provide via the Application and Site in the event of a merger, acquisition, or any form of sale of some or all of our assets, in which case PII we collect via the Application and Site will be among the assets transferred to the buyer. Further, we may disclose your PII to third parties to:

    • Comply with any court order or other legal obligation;

    • Enforce or apply our Terms of Use and other agreements; and

    • Protect the rights, property, or safety of our business, our patients, clients, customers, employees, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection, information security, and other related matters.

  • Access to Information. We do not maintain any procedures for you to review or request changes to the information that we collect about you, except that you may request that we remove all information about you from our database by contacting us in accordance with this Privacy Policy.

SECURITY

The Application and Site have security measures in place to prevent the loss, misuse, and alteration of the information that we obtain from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.

NOTICE CONCERNING CHILDREN

We support and comply with the Children’s Online Privacy Protection Act (COPPA) and we do not knowingly collect information from children under the age of 18, nor do we share such information with third parties. Children under the age of 18 may not use the Application. If you seek health care services for a minor, you will be responsible for providing information related to the minor and for paying for the requested treatment for the minor.

FOR RESIDENTS OF CALIFORNIA

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice: If you have a question or complaint regarding the Application or Website, please contact us at: Neb Health Inc, (408) 320-5289, 453 West San Carlos Street Suite #104, San Jose CA 95110 or support@neb.health.  California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

CONTACT INFORMATION

If you have any questions or complaints about this Privacy Policy, our practices related to the Application and/or the Site, or if you would like to have us remove your information from our database please feel contact us at the following: support@neb.health