Affordable Primary Care from Anywhere

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1. NO PROVISION OF MEDICAL ADVICE

THE SERVICES THAT PRIMESTIN PROVIDES ARE NOT INTENDED TO REPLACE, SUBSTITUTE OR SUPPLEMENT THE MEDICAL ADVICE BY YOUR PHYSICIAN OR QUALIFIED HEALTH CARE PROVIDER AND DO NOT CREATE A DOCTOR-PATIEN RELATIONSHIP BETWEEN YOU AND PRIMESTIN. NONE OF THE ADVICE OR THE SERVICES THAT PRIMESTIN PROVIDES WILL BE CONSIDERED MEDICAL ADVICE NOR SHOULD THE ADVICE BE RELIED UPON AS MEDICAL ADVICE BUT ARE FOR INFORMATIONAL PURPOSES ONLY. THEREFORE, YOU SHOULD CONSULT YOUR PHYSICIAN OR QUALIFIED HEALTH CARE PROVIDER BEFORE USING THE SERVICES. IF A MEDICAL PROBLEM APPEARS OR PERSISTS, DO NOT DISREGARD OR DELAY SEEKING MEDICAL ADVICE FROM YOUR PHYSICIAN OR QUALIFIED HEALTH CARE PROVIDER. THE SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. CALL 911 OR YOUR DOCTOR FOR ALL MEDICAL EMERGENCIES. COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN RELATED TO YOUR HEALTH CARE.

2. NOT INSURANCE

MEMBER ACKNOWLEDGES AND UNDERSTANDS THAT PRIMESTIN IS NOT AN INSURER AND THE PRODUCTS AND MEMBERSHIPS OFFERED BY PRIMESTIN ARE NOT INSURANCE PRODUCTS. A PRIMESTIN CARE MEMBERSHIP, OR A SUBSCRIPTION TO ANY OF ITS ASSOCIATED PRODUCTS, SHOULD NOT BE CONSIDERED A HEALTH INSURANCE POLICY. REGARDLESS OF WHETHER MEMBER RECEIVES TREATMENT FOR HEALTH CARE RELATED ISSUES THROUGH THE PRIMESTIN CARE MEMBERSHIP, MEMBER IS ALWAYS PERSONALLY RESPONSIBLE FOR PAYING ANY ADDITIONAL HEALTH CARE EXPENSES MEMBER MAY INCUR. IF MEMBER HAS HEALTH INSURANCE, MEMBER MAY INCLUDE, AT NO ADDITIONAL CHARGE, SOME OF THE PREVENTIVE SERVICES THAT ARE ALSO AVAILABLE UNDER THESE TERMS OF SERVICE

3. SERVICES & MEMBERSHIP

Primestin engages licensed physicians and other health care professionals (“Providers”) experienced in the provision of general primary care and related services (as further described herein, the “Clinical Services”) to provide such Clinical Services via telemedicine using Primestin’s health software platform enabling audio-video telehealth encounters (the “Platform”), which may also be accessed via the Primestin mobile application (the “App”). Member acknowledges that Providers are free to exercise their professional judgment with the means, methods or manner the Providers choose in the provision of the Clinical Services. Primestin does not have or exercise any control over the professional judgment and medical decision-making of the Providers. Member acknowledges that in the event that Member uses the App or Platform to visit with a physician or health care professional that is not affiliated with Primestin (“Third-Party Provider”), Member’s relationship with such Third-Party Provider is separate and is subject to the terms and conditions imposed or agreed to between Member and such Third-Party Provider. Member agrees that Primestin is not liable or responsible for the quality or reliability of such Third-Party Provider. Member further acknowledges and agrees that only Members who have completed the necessary steps to create and maintain a provider-Member relationship in accordance with applicable laws and professional standards of care will be eligible to receive the Clinical Services.

4. LOCATION OF SERVICES

Member understands and agrees that Providers will only provide Clinical Services to Member when Member is located in the states where the applicable Provider is licensed or registered (the “Providers’ Territory”), unless a proper exception applies that would allow Providers to provide Services to Member outside of the Providers’ Territory, which shall be determined by the Providers in their sole and absolute discretion. Member hereby agrees that Member must be physically located within the Providers’ Territory during any scheduled appointment, unless the Provider determines that a proper exception applies in the state where Member is physically located. Member shall promptly notify the applicable Provider if Member moves or is traveling and is unable to be physically present in the Providers’ Territory for any scheduled appointment. In the event that Member permanently moves outside of the Providers’ Territory, Member will no longer be eligible to receive Clinical Services from Providers and this Agreement shall automatically terminate. In the event that Member is temporarily traveling outside of the Providers’ Territory, and no exception applies that would allow Providers to provide Services in such location, all Services shall be suspended and rescheduled until such time as Member returns to the Providers’ Territory. In addition, Member understands and agrees that Providers reserves the right to require that the Clinical Services be provided in a specific location and Providers may require that Services be provided in a physical clinic as opposed to in-home or virtual visits in the Providers’ sole and absolute discretion.

5. SCHEDULING OF APPOINTMENTS

All appointments and visits are scheduled on a first come, first served basis and are subject to availability. Unless Member has reserved an appointment or visit and is current on any and all outstanding fees due pursuant to this Agreement, such appointment or visit may become unavailable. Member agrees to arrive promptly to each appointment and acknowledges that the attending physician may have other appointments immediately before or after Member’s appointment which may result in the attending physician arriving a few minutes late. In addition, the attending physician may need to stop an appointment when the attending physician’s next appointment is set to begin. Any minor delay in arriving to or beginning an appointment or session does not entitle Member to a refund or credit of any kind. In the event of a scheduling conflict, sickness or an emergency, Primestin will use best efforts to reschedule or cancel Member’s appointment and notify Member of the same.

6. MEMBERSHIP FEES; LATE FEES

Member shall pay the corresponding membership fees at the then current rates established by Primestin or the applicable Primestin affiliate. Membership rates are listed on the Site (“Membership Fees”) which Membership Fees shall be due and payable on the first day of each calendar month during the Term. All Membership Fees shall be paid by reoccurring monthly credit card or bank account drafts based upon the payment information set forth in Schedule A. Primestin will charge a late fee in the amount of 2% in the event that any Membership Fee are not paid within five (5) days of the due date thereof. Membership Fees may be modified by Primestin in its sole and absolute discretion, provided that Primestin will provide Member with written notice of any fee modification at least thirty (30) days prior to the effective date of such modification. If any fee modification is unacceptable to Member, Member’s only option is to terminate such Member’s membership. Member’s payment of the modified fee or continued use of the App, Platform or Clinical Services following notice of a fee modification shall be deemed to be an acceptance of the modified fee.

8. SUSPENSION OF SERVICES; TERMINATION

In the event that any fee due under these Terms of Service is not timely paid by Member, Primestin and Providers reserve the right to suspend all services until such time as all fees that are due and owing have been paid in full by Member. Primestin may immediately terminate Member’s access to the Platform, App or Clinical Services in the event that member commits a material breach of the provisions set forth in these Terms of Service. Primestin may terminate a Member’s access to the Platform, App or Clinical Services for any reason, or no reason at all, upon thirty (30) days’ prior written notice to Member.

10. COMMUNICATIONS; SECURITY

By providing Member’s email address(es) and phone number(s), Member authorizes Primestin to communicate with Member by email and text. Member also authorizes Primestin to communicate with Member via a messaging service chosen by Primestin. Member acknowledges that text, email and messaging software communications may contain Member’s “protected health information” (PHI) (as that term is defined in the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and its implementing regulations). Primestin agrees to use commercially reasonable efforts to protect the confidentiality of its electronic communications with Member containing PHI, but Member acknowledges electronic communications with Primestin may not be via secure or confidential methods of communication if Member authorize(s) Primestin to communicate with Member by email and text. As such, Member expressly waives Primestin’s obligation to guarantee confidentiality with respect to correspondence using electronic means of communication if Member authorizes Primestin to communicate with Member by email and text, and Member acknowledges that all such communications may become a part of Member’s medical records. Member acknowledges that:

Email, texting and messaging are not always secure methods for sending or receiving PHI. A third party may be able to access the information communicated and read it since it is transmitted over the internet. Primestin will not be liable in the event that a third party inappropriately uses or accesses Member’s emails, texts or messages;
Member is responsible for safeguarding and maintaining the confidentiality and security of any and all devices and passwords and PINs related to any accounts and/or devices used by Member to communicate with Primestin;
Although Primestin will make all reasonable efforts to keep email communications confidential, Primestin cannot assure or guarantee confidentiality of email, messaging or text communications;
In the discretion of Primestin, email, messaging or text communications may be made a part of Member’s permanent medical record(s); and
Member understands and agrees that emailing, messaging and texting are not appropriate means of communication regarding emergency or other time-sensitive issues or for inquiries regarding sensitive information. In the event of an emergency, or a situation in which Member could reasonably expect to develop into an emergency, Member should call 911 or go to the nearest emergency room and follow the directions of emergency personnel.

11. COMMUNICATION RESPONSE

Primestin will use best efforts to respond to Member’s messages and inquiries via email, text or the messaging platform used by Primestin in a timely manner. If Member does not receive a response to an email or message within a reasonable time period, Member agrees to use another means of communication to contact Primestin. Primestin will not be liable to Member for any loss, cost, injury, or expense caused by, or resulting from, a delay in responding to Member.

12. CONNECTIVITY

Member is solely responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access, or otherwise use the Platform or App, including all hardware, software, operating systems, networking, web servers, and telecommunication or internet connections, and paying for all equipment and telecommunications costs, fees and services required for Member’s access to the Platform and App. Member is responsible for maintaining the security of the foregoing equipment and services and login information, passwords, and files and Member acknowledges that Primestin and Providers shall not be responsible for failing to perform, or for a delay or interruption in performing services due to a network communications error, failure, or interruption beyond the reasonable control of Primestin or Providers.

13. NO PARTICIPATION IN INSURANCE/NO THIRD-PARTY PAYERS

Member acknowledges that Primestin does not participate in insurance plans, and that Primestin does not accept third party payer reimbursement. Member will be solely responsible for paying for items and services provided by Primestin and Clinical Services provided by Providers, and Primestin will not accept any assignment of benefits in lieu of payment (although if Member has an out-of-network benefit, Member is free to seek reimbursement under such benefit and Primestin will use commercially reasonable efforts to complete any pertinent paperwork requested to facilitate such selfsubmission process by Member). For the sake of emphasis, Primestin will not bill Member’s health plan or accept an assignment of benefits and will seek payment solely from Member.

14. LIMITED LICENSE TO PLATFORM

Upon payment of all Membership Fees and any other fees due and owing under these Terms of Service and subject to Member’s full compliance with these Terms of Service, Primestin hereby grants to Member a non-exclusive, non-transferrable, limited license to use the Platform and App for the limited purpose of enabling Member to receive Clinical Services. If Member is required to agree to any third-party software licenses in connection with the use of the Platform and/or App, then Member shall be responsible for complying with the terms and conditions of those third-party software licenses. Primestin does not control and is not responsible for any third-party software or services accessed or used by Member in connection with Member’s use of the App or Platform. The ability to use third-party software in connection with the Platform or App does not imply any endorsement by Primestin, and Primestin makes no representations or warranties with respect to any third-party software.

15. INFORMAL DISPUTE RESOLUTION

For all controversies or disputes arising out of this Agreement, the parties agree to meet and confer in good faith within 10 calendar days following a request by either party for a meet and confer over the controversy/dispute. The meet and confer process may continue as long as it remains productive, or until either party determines that further meeting and conferring is unproductive. If the parties are unable to resolve a dispute through the meet and confer process set forth in this paragraph, then the controversy/dispute will be finally resolved through binding arbitration as described in Section 16.

16. ARBITRATION

Any controversy/dispute not resolved by the meet and confer procedure set forth in Section 15 will be resolved by binding arbitration conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) at the request of either party. Nothing herein will prohibit a party from seeking equitable relief in a court of law while arbitration is pending hereunder. Any arbitration must be initiated within one (1) year from the initial request for meet and confer. The arbitrator will have no right to award any punitive or exemplary damages or to vary or ignore the terms of these Terms of Service and will be bound by controlling law.

17. MEMBER’S REPRESENTATIONS AND WARRANTIES

Member acknowledges and agrees that Member is at least 18 years old, is at least of the legally required age in the jurisdiction in which Member resides and is otherwise capable of entering into binding contracts. Member has the right, authority and capacity to enter into this Agreement. Member consents to the collection, use, sharing and transfer of Member’s data as outlined in Primestin’s Privacy Policy as updated from time to time and available at: PRIMESTIN.CARE. Member agrees to disclose to Providers any and all information about family history, past medical, surgical, social history, medications that Member is taking, and any and all medical condition(s), allergies or adverse reactions to medications that Member has. Members acknowledges it is Member’s responsibility to carefully follow all instructions for any service provided by Providers or Primestin and Member’s use of any medications, equipment or supplements recommended or prescribed by Providers, and to seek help from Primestin if Member has any questions. Member agrees to consult with Member’s primary physician if Member is concerned about any of the risks to Member’s health or well-being that may result from the Clinical Services or use of any medications, equipment or supplements recommended by Providers. Member acknowledges and agrees that after Primestin reviews Member’s intake forms, Providers may notice or identify potential medical issues, nutritional sensitivities or health issues that, in Providers’ sole opinion, require specialized treatment before Providers will commence the Clinical Services. If this is the case, Member acknowledges and agrees that Providers will not provide the Clinical Services and will recommend other experts for Member to meet with prior to initiating the Clinical Services.

18. USE RESTRICTIONS

Member agrees that Member’s use of the Platform, App and Clinical Services shall, in all circumstances, comply with all applicable laws. Member shall not use or permit any person to use the Platform, App, or Clinical Services for (i) any use that is prohibited or disallowed by or in violation of the Terms of Service; (ii) gain unauthorized access to the Clinical Services, to other customers’ accounts, names, personally identifiable information or other information, or (iii) for any improper, immoral, unlawful or objectionable or offensive purpose. You shall not do or permit or suffer anything to be done on the Platform or App or related to the Clinical Services which will in any way obstruct or interfere with the rights of other Primestin members or injure or annoy them or use such other customers confidential, proprietary or personal information for any unauthorized purpose.

19. DISCLAIMER OF WARRANTY

PRIMESTIN AND PROVIDERS:

PROVIDES THE PLATFORM, APP AND CLINICAL SERVICES ON AN “AS IS” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR GUARANTEES,
MAKES NO WARRANTIES, EXPRESS, IMPLIED, WITH RESPECT TO THE PLATFORM, APP OR CLINICAL SERVICES AND
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PRIMESTIN DOES NOT WARRANT THAT ANY OF THE PLATFORM, APP OR CLINICAL SERVICES WILL MEET MEMBER’S EXPECTATIONS OR REQUIREMENTS, OR THAT THEIR CONTENT, USE OR METHOD OF DELIVERY WILL BE FREE OF ERROR, OR THAT DEFECTS THEREIN SHALL BE CORRECTED. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

20. LIMITATION OF LIABILITY

PRIMESTIN AND PROVIDERS SHALL NOT BE LIABLE TO MEMBER OR ANY OTHER PARTY FOR LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF A PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. PRIMESTIN’S TOTAL LIABILITY, AND MEMBER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM, UNDER THESE TERMS OF SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY MEMBER TO PRIMESTIN IN THE YEAR IN WHICH A CLAIM GIVING RISE TO LIABILITY HEREUNDER OCCURS. MEMBER MUST BRING ANY CLAIM OR LAWSUIT WITHIN ONE (1) YEAR OF THE DATE THAT THE CLAIM ARISES.

21. FORCE MAJEURE

In the event that Primestin or any Provider is delayed in or prevented from performing its obligations under this Agreement due to a Force Majeure Event then, upon written notice to Member:

the affected obligations under these Terms of Service will be suspended to the extent necessary during the period of the Force Majeure Event, and
Primestin will not have any liability to Member or any other person in connection with such suspended obligation. For purposes of these Terms of Service, a “Force Majeure Event” means an event beyond Primestin’s reasonable control, including an act of God, fire, flood, explosion, public health emergencies, pandemics, communicable disease outbreak, general Internet outages, civil disorder, strike, lockout or other labor trouble, material shortages of utilities, delay in transportation, destruction or damage to production facilities breakdown or accident, any law, ruling, judgment, demand or requirement of any governmental authority, riot, war, or other cause beyond the reasonable control of Primestin.

24. CHANGES IN APPLICABLE LAWS

If there is a change in any applicable law or regulation or the interpretation or application thereof, or the adoption, enactment, promulgation, issuance, rendering or interpretation or application of any new applicable law, any of which adversely affects or are reasonably likely to adversely affect the manner in which any party hereto may perform or the manner in which makes or will make these Terms of Service or the arrangements hereunder unlawful or illegal, or if any party provides in good faith to the other parties a written opinion from legal counsel experienced in construing contracts such as these Terms of Service that any provision of these Terms of Service violates or could reasonably be determined to violate such laws or regulations, then the parties will negotiate in good faith to prepare a written amendment to or restatement of these Terms of Service provided pursuant to these Terms of Service, the purpose and substance of which will be modification of only such provision or provisions so that these Terms of Service, as modified, complies with the applicable law or regulation, interpretation or application and continues to reflect, as nearly as possible, the economic arrangements and position of the parties under these Terms of Service. If changes to applicable laws are such that modification of these Terms of Service is not possible to maintain the purpose of the Agreement, then either party may terminate these Terms of Service with immediate effect.

25. MODIFICATION OR AMENDMENT

These Terms of Service may be modified by Primestin from time to time in Primestin’s sole and absolute discretion, provided that Primestin will provide Member with written notice of any amendments or modifications at least thirty (30) days prior to the effective date of such modification. Member’s continued use of the App, Platform or Clinical Services following notice of an amendment or modification to the Terms of Service shall be deemed to be an acceptance of the modified Terms of Service.

26. NOTICES

All written notices under these Terms of Service will be deemed to have been given when delivered in person, by electronic communication, or, if delivered by first-class United States mail, on the date mailed, proper postage prepaid and properly addressed to the appropriate party at the address provided by such party to the other party. Each Party will provide the other with proper addresses, and email addresses of all designees that should receive certain notices or communication instead of that party.

This Privacy Policy is designed to inform users of how Primestin Care, LLC, its affiliates, subsidiaries, or related companies (“we”, “us”, or “our”) gather and use personal information collected by us on or through our Service. For purposes of this Privacy Policy, the “Service” includes: (1) the websites owned or operated by Primestin Care, LLC now, or in the future, including, but not limited to, [url] (collectively, the “Site”); (2) Primestin Care, LLC’s subdomains and all related services and products provided in connection with the Site; and (3) Primestin Care, LLC’s mobile application (the “App”).

1. INTRODUCTION

By using the Service, you accept and hereby expressly consent to the terms of this Privacy Policy and to our use and processing of Personal Information (as defined hereunder) for the purposes set forth herein. “You” or “your” or similar terms refer to you as a user of our Service. By accepting our Privacy Policy during registration, or by using the Service, you expressly consent to our collection, use, disclosure, storage, and processing of your Personal Information (as defined below) in accordance with this Privacy Policy.

2. INFORMATION COVERED BY THIS PRIVACY POLICY

This Privacy Policy covers how Primestin Care, LLC treats your personally identifiable information that could be used to identify you that Primestin Care, LLC collects, receives, maintains, stores, or transmits including, but not limited to, information you transmit or submit in connection with your use of, or interaction with, the Service (“Personal Information”). Your Personal Information includes, but is not limited to, information that individually identifies you or is information about you that can be traced back to you, your IP address, or your location. It may include, but is not limited to, your name, address, email address, phone number, other contact information, and any information you choose to share via the Service.

3. INFORMATION COLLECTED BY THE SERVICE

Primestin Care, LLC collects Personal Information that you choose to provide to us, including any Personal Information you provide in connection with your use of the Service, regardless of how you provide it. It is always your choice whether or not to provide us with your Personal Information. If you choose not to provide Personal Information, you may not be able to use certain features or functions of the Service. Whenever you use the Service, Primestin Care, LLC also receives and records information on our server logs from your browser, including your IP address, Primestin Care, LLC’s cookie information, and the pages you request, and relates it to the Personal Information you provide.

Examples of how and why Primestin collects Personal Information include:

Registration / Enrollment - We collect your Personal Information as part of the registration process for our Service. For example, to process your registration, enrollment in, or use of the Service, we may collect Personal Information such as your email, login, password, phone number, date of birth, your interest in the Service, and how you found the Service.
Self-Reported Personal Information - We collect Personal Information that you provide or enter during the course of using the Service or that you choose to provide to us through any devices that you use to collect information regarding your health and/or medical condition and related behaviors or that you have others provide on your behalf such as information or records relating to your medical or health history, health status and laboratory testing results, prescriptions, and other health-related information.
Health Care Payer or Employer - If you are receiving the Service through your health insurance or employer, we may receive information as provided by your health care payer or employer, or information provided by a third-party on the health care payer’s or employer’s behalf.
Social Information - We collect information that you provide to us pertaining to the people with whom you consent to share your Personal Information (such as a family member or caregiver), as well as communications between you and such individuals.
User Content - We collect information that you submit through the Service including messages, chats, reviews, photos, videos, images, folders, data, text, and other types of submissions that you provide in connection with the use of the Service.
Automatically Tracked Information - We may also use automated tracking methods such as cookies, flash cookies, web beacons, GPS data, and connected accelerometers to collect information regarding your behaviors relative to the Service including, but not limited to, information related to your equipment, browsing actions and patterns, traffic and location data, the resources you access and use, and information about your internet connection including, but not limited to, your IP address, operating system, and browser type. We may also use these technologies to collect information regarding your interaction with our email messages such as whether you opened, clicked, or forwarded our email.
When you access our Service from a mobile device, we may collect unique identification numbers associated with your device (including, for example, a UDID, Unique ID for Advertisers (“IDFA”), Google AdID, or Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g., latitude and/or longitude) or similar information regarding the location of your mobile device, or we may be able to approximate a device’s location by analyzing other information, like an IP address. We and our thirdparty partners may also use cookies and tracking technologies for advertising purposes.
Demographic Information - We may collect demographic information as you continue to use the Service such as your unique username and password, mailing address, age, gender, social security number, driver’s license number, geographic location, preferences, payment information (such as your payment card number, expiration date, and billing address), and insurance information.
Surveys and/or Assessments - From time to time, we may send you assessments and survey questions to help us understand your knowledge of the Service and to provide us with feedback on the Service. We collect any responses that you provide.
Augmenting - From time to time, we may use or augment your Personal Information with information obtained from third parties and sources other than the Service such as, without limitation, our partners, advertisers, or from Primestin Care, LLC (as such term is defined hereunder) and other providers. An example of such a third party includes analytics providers such as Google Analytics (see below for additional information regarding how our Service uses Google Analytics and other similar third parties).
Cookies, Web Beacons, Research and Analytics, and Other Tracking Technologies - We use technology to automatically or passively store or collect certain information when you visit or interact with the Service. These technologies include “cookies” and “web beacons” (and subsequent technologies and methods later developed which perform a similar function), which are used to collect and store usage information regarding your use of the Service. We use this information for a variety of purposes, including, but not limited to, assessing the performance of, or enhancing your experience with, the Service.
Cookies - Cookies are small text files that we, or our third-party partners, place in visitors’ computer browsers or devices to store the visitor’s preferences. The use of cookies is standard on the Internet and allows us to tailor your visits to the Service to your individual preferences. We may also contract with third party service providers who assign cookies to conduct site tracking for us. These companies use cookies solely to provide us with aggregate data about traffic to the Service. Although most web browsers automatically accept cookies, you can change your browser to prevent cookies or notify you whenever you are sent a cookie. Cookies may be session-based cookies that are removed after a user leaves a website or persistent cookies that are stored on a user’s computer permanently or until the expiration date. We may use both session cookies and persistent cookies. Users can delete cookies via their browser settings. Cookies themselves do not contain any Personal Information. Please note that if you delete or disable cookies from the Service, you may not be able to utilize the features of the Service to its fullest potential.
Flash cookies - Flash cookies are locally stored objects that may be incorporated in certain features of the Service to collect and store information about your preferences and navigation to, from and on the Service. Flash cookies are not managed by the same browser settings as are used for browser cookies.
Web beacons - Web beacons (also known as clear gifs, pixel tags, and single pixel gifs) are small pieces of code placed on a web page to monitor the behavior and collect data about the visitors viewing a web page that help Primestin Care, LLC manage online advertising and traffic. This information enables Primestin Care, LLC to learn which emails and advertisements bring users to our Service. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page. We may use web beacons for this purpose including in our emails to measure the effectiveness of our email campaigns by identifying the individuals who open or act upon an email message, when an email message is opened, how many times an email message is forwarded, the type of software, device, operating system, and browser used to deliver the email and any URL accessed through our email message.
Disabling Cookies - You may set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. Please refer to your browser “Help” instructions to learn more about cookies and other technologies and how to manage their use. If you elect to refuse or delete cookies, you will need to repeat this process if you use another device or change browsers. The Network Advertising Initiative provides instructions and information on how to opt out of communications: http://www.networkadvertising.org/choices/. You can use your browser settings to decide whether to turn on and off cookies for our Service. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some of the Service may be inaccessible or not function properly.
Analytics Tools - We also use analytics tools including Google Analytics to better understand how visitors interact with our Service. These tools provide anonymous information, including, but not limited to, data on where visitors came from, what actions they took while interacting with the Service, and where visitors went when they ceased interacting with the Service.
Google Analytics - We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to collect certain information relating to your use of the Service. Google Analytics uses cookies to analyze how users use the Service. You can find out more about how Google uses data by visiting the following website: www.google.com/policies/privacy/partners/. We may also use Google Analytics Advertising Features or other advertising networks to provide you with interestbased advertising based on your online activity. For more information regarding Google Analytics please visit Google’s website, and pages that describe Google Analytics, such as www.google.com/analytics/learn/privacy.html.
Other Tools - There may be other tracking technologies now and later devised and used by us in connection with the Service. Further, third parties may use tracking technologies with our Service. We do not control these tracking technologies, and we are not responsible for them. However, you consent to potentially encountering third-party tracking technologies in connection with your use of the Service and accept that this Privacy Policy does not apply to the tracking technologies or practices of such third parties. In such cases, you must check with the third party to confirm how your information is collected and used. California Do Not Track Disclosure We currently do not support the Do Not Track browser setting or respond to Do Not Track signals. Do Not Track (or DNT) is a preference you can set in your browser to let the websites you visit know that you do not want it collecting certain information about you.

4. HOW WE USE AND DISCLOSE YOUR PERSONAL INFORMATION

In general, we will not rent or sell your Personal Information. Also, we will not share your Personal Information with other people or non-affiliated companies except in connection with providing the Service, when we otherwise have your permission, as permitted, or required by the NPP, or as expressly permitted or required under this Privacy Policy, including under the following general circumstances.

Using Your Personal Information

We, or a third party on our behalf, use information we collect on the Service in a variety of ways in providing the Service and operating our business, including, but not limited to, the following:

providing you with the Service;
providing you with services and information that you request;
verifying your identity;
personalizing your experience with the Service;
processing payment card transactions;
performing engagement and outreach activities and call monitoring;
providing you with information about other goods and services we offer that are similar to those that you have already signed up for or inquired about;
notifying you about changes to the Service, the Terms, and/or this Privacy Policy;
operating, maintaining, and improving our Service and improving the content and functionality of the Service;
administering the Service and for internal operations, including troubleshooting, data analysis, product and functionality development, patient experience, peer review, quality control and assurance, understanding and analyzing usage trends and user preferences, support, testing, research, statistical and survey purposes, responding to law enforcement requests as required by applicable law, investigating and defending ourselves against any claims or allegations, pursue business development opportunities including, but not limited to, evaluating or conducting a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of Primestin Care, LLC’s assets;
responding to user submissions, comments, and questions;
creating de-identified datasets, to the extent permitted by applicable law;
creating aggregated datasets, to the extent permitted by applicable law;
protecting the personal safety of users of the Service and defending and protecting our rights, property, employees, customers or patients;
keeping our Service safe and secure;
developing, displaying and tracking content and advertising tailored to your interests on our Service and other sites, including providing our advertising to you when you visit other websites or applications;
providing services as a business associate on behalf of, or to facilitate the services of, the Primestin Care, LLC including, but not limited to, disseminating the NPP, providing you with certain communications via email, text messages, or other means that contain PII, PHI, and/or PCI-DSS and sending you appointment reminders; and
rendering any services, provide information, or for any other use permitted by applicable law including for research purposes.

Disclosing Your Personal Information

Except as described in this Privacy Policy, we will not disclose Personal Information that we collect on the Service to third parties without your consent. However, we may disclose Personal Information that we collect on the Service to third parties, to the fullest extent permitted by law, for the following reasons:

we may disclose your Personal Information to Primestin Care, LLC or other providers for treatment, payment processing, or operational purposes;
we may disclose your Personal Information to your insurance company, health plan, employer, sponsor, or third-party administrator for purposes of billing and payment for our Service;
we may share your Personal Information with certain third parties to provide the Service to you on our behalf under confidentiality agreements, including, but not limited to, our third-party service providers such as website, application development, cloud hosting, maintenance, payment processors, and analytics service providers;
we may be required to disclose your Personal Information in response to a legal process, for example, in response to a court order or a subpoena to comply with its applicable legal and regulatory reporting requirements;
we may disclose your Personal Information in response to a law enforcement agency’s request, or where it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Terms, to verify or enforce compliance with applicable laws, or as otherwise required or permitted by law, and to take precautions against liability and to protect our property or other legal rights; • we may transfer your Personal Information to an entity or individual that acquires, buys, or merges with Primestin Care, LLC, or our other business units, including during the course of any due diligence process to explore such a transaction, or to explore and complete a divestiture, restructuring, reorganization, dissolution, bankruptcy, or change of control or ownership or sale of its assets (whether in whole or in part);
we may license, sell or otherwise share de-identified, aggregated, or non-aggregated versions of your Personal Information with institutional clients, partners, investors and contractors for any purposes related to our marketing, business, and/or research practices;
we may disclose your Personal Information in accordance with your prior written consent or authorization;
we may disclose Personal Information to our subsidiaries, affiliates, and related companies; and
we may disclose Personal Information to third party advertisers to develop and display advertising tailored to your interests or location.

Use / Disclosure of Information Submitted to Groups

You acknowledge that our Service may include in the future features such as group discussions, discussion boards, forums, profile pages, bulletin boards, instant messaging, polls, and other communication forums (collectively, “Groups”). You acknowledge and agree that any information you submit, post, or disclose to such Groups including, but not limited to, user profile information, user profile pictures, discussion board postings, and any Personal Information included in such postings, may be visible to other users and providers of the Service including, but not limited to, your health coaches, authorized personnel, administrators, and other users of the Service.

IN THE CASE OF YOUR USE OF GROUPS, WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF ANY INFORMATION, INCLUDING PERSONAL INFORMATION, THAT IS DISCLOSED BY YOU OR ON YOUR BEHALF IN SUCH GROUPS. BY DISCLOSING ANY OF YOUR INFORMATION VIA GROUPS, YOU ACKNOWLEDGE AND ACCEPT ANY RISK AND DAMAGE ARISING FROM THE DISCLOSURE OF SUCH INFORMATION.

5. CONFIDENTIALITY AND SECURITY

We take reasonable steps to ensure that all Personal Information collected will remain secure and in its original form (i.e., free from any alteration). We have put in place appropriate physical, electronic, and administrative safeguards in compliance with federal and state law, including HIPAA, to help prevent unauthorized access, maintain data security, and correct use of the Personal Information we collect. We cannot, however, ensure or warrant the security of any Personal Information you transmit to us, and you do so at your own risk. Once we possess your transmission of information, we use commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or administrative safeguards. The Service may contain links to Third Party Offerings (as such term is defined in the Terms). Before using any Third-Party Offerings or related services, you must review and accept the terms of use and privacy policies for those sites and/or services. We are not responsible for the privacy policies and/or practices of any Third-Party Offerings, and we are not responsible or liable for the availability, reliability, content, functions, performance, accuracy, legality, appropriateness, services, materials, or any other aspect of such Third-Party Offerings. This Privacy Policy only governs information collected by our Service. When you access any Third- Party Offerings, you do so at your own risk, and you understand and agree that you are solely responsible for reading and understanding any terms of use and/or privacy policies that apply to such Third-Party Offerings. Primestin Care, LLC is not responsible for and will not be a party to any transactions between you and a third-party provider of products, information, or services. Primestin Care, LLC does not monitor such interactions to ensure the confidentiality of your Personal Information. Any separate charges, data records or obligations you incur in your dealings with Third-Party Offerings are solely your responsibility.

6. ACCESSING AND CHANGING YOUR INFORMATION

You may review and request changes to your Personal Information or request additional information about our collection, use and disclosure of such information by contacting us at primestincompliance@primestin.care. We try to keep our records as accurate and complete as possible. You can help us maintain the accuracy of your information by promptly notifying us of any changes to your Personal Information. You may update, correct, or delete your profile information and preferences at any time by accessing your account preferences in the Service. Any changes you make will be reflected in active user databases within a reasonable period of time; however, we may retain all information you submit for backups, archiving, prevention of fraud or abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so. We may not be able to modify or delete your information in all circumstances. In addition, you may request that we provide you with the information we hold about you; however, your rights to access your Personal Information are not absolute. We may deny you access when required and/or permitted by applicable laws or if disclosure would likely reveal personal information about a third party.

7. CHILDREN’S PRIVACY

Our Service is neither intended for nor designed to attract users who are under the age of 18. If you are under the age of 18, or we are not otherwise able to offer Service functionality to you because you are deemed a minor (for example, you are not an emancipated minor), do not use the Service. However, depending upon the Service functionality available to you, a parent, guardian, conservator, or custodian or similar legally authorized person (“Authorized Person”) may register for access to the Service and use it on your behalf. Upon turning 18, we will cease providing Service access to the Authorized Person and, depending on the Service functionality available to you, we may:

permanently disable the Authorized Person's account;
require you to register for desired access to the Service;
request that you indicate whether the Authorized Person may continue to act on your behalf;
seek confirmation that you have taken over the account for access to the Service on behalf of the Authorized Person; and/or
otherwise communicate with you and/or the Authorized Person in accordance with applicable law, your communication preferences, or otherwise.

Our Service is not directed to children under the age of 13, and we do not knowingly collect information from children under the age of 13 without obtaining parental consent. If you are under 13 years of age, then please do not use or access the Service at any time or in any manner. If we learn that a person under 13 years of age has used or accessed the Service or any information has been collected on the Service from persons under 13 years of age, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 13 years of age has obtained an account on or otherwise accessed the Service, then you may alert us at primestincompliance@primestin.care and request that we delete your child’s information from our systems.

8. OPT OUT

You may affirmatively opt out of receiving future emails from Primestin Care, LLC and may remove your name from our marketing mailing lists. The opt-out provisions do not apply to information collected by cookies or used internally to recognize you and/or facilitate your use of the Service or information we may retain to comply with legal requirements. Opting out will not prevent your access to the Service and you will continue to receive administrative messages about the Service from us. If you no longer consent to us collecting, using, and sharing your Personal Information in accordance with this Privacy Policy, you may disenroll from the Service at any time by emailing Primestin Care, LLC’s Compliance Team at primestincompliance@primestin.care.

9. CHANGES TO OUR PRIVACY POLICY

By using the Service, you agree to the current Privacy Policy, as well as our Terms into which this Privacy Policy is incorporated. Primestin Care, LLC reserves the right, in our sole discretion, to modify or amend this Privacy Policy at any time. Use of information we collect is subject to the Privacy Policy in effect at the time such information is used or disclosed. If we make any material changes to the ways in which Personal Information is collected, used or transferred, as determined by Primestin Care, LLC, we will notify you of these changes by modification of this Privacy Policy, which will be available for your review through the Service and the last revision date will be noted at the beginning or end of this Privacy Policy. You should review this Privacy Policy periodically so that you are up to date on our most current policies and practices. Your continued use of the Service after receiving notice signifies your acceptance of any such changes. If the modified Privacy Policy is not acceptable to you, your only recourse is to cease using the Service.

10. PROTECTED HEALTH INFORMATION

Some of the information that you provide to Primestin Care, LLC, or that is created through your use of the Service, may be considered “Protected Health Information” or “PHI” as defined in the Health Insurance Portability and Accountability Act (“HIPAA”). PHI is subject to Primestin Care, LLC’s Notice of Privacy Practices (the “NPP”). The NPP describes how Primestin Care, LLC uses and discloses your PHI and also describes your rights with respect to your PHI. To the extent that this Privacy Policy conflicts with the NPP, the NPP will prevail. In addition, to the extent a capitalized term is undefined in this Privacy Policy, it will have the same meaning as prescribed to it in our Terms of Service (the “Terms”). To the extent that this Privacy Policy conflicts with the Terms, this Privacy Policy will control. BY USING THE SERVICE, YOU ACKNOWLEDGE RECEIPT OF THE PRIMESTIN CARE, LLC NPP.

In addition, your use of the Service may involve our receipt of PHI. PHI is Personal Information that relates to

your past, present, or future physical or mental health or condition;
the provision of health care to you; and
your past, present, or future payment for the provision of health care, which is created, received, transmitted, or maintained by us.

This Privacy Policy describes how we protect your privacy as a visitor or general user of our Service. You have additional rights under federal and state law with respect to PHI. For more information on those rights, and how the Primestin Care, LLC uses and discloses your PHI, refer to the NPP.

In addition to the permitted uses of Personal Information that are set forth in this Privacy Policy, we may use your Personal Information to:

send you communications on behalf of Primestin Care, LLC and to facilitate the provision of health care services to you by Primestin Care, LLC;
and invite you to participate in IRB-approved research studies regarding the Service. In addition to the permitted disclosures of Personal Information that are set forth in this Privacy Policy, and to the extent permitted by applicable law, we may, in our sole discretion and as we deem necessary or otherwise appropriate, disclose your Personal Information to an appropriate health care provider to address concerns regarding the safety and well-being of a user.

11. SPECIAL NOTICE TO CALIFORNIA RESIDENTS

For California residents, this section describes the rights you may have under California law. These disclosures are intended to supplement this Privacy Policy with information required by California law. To understand what Personal Information we may have collected about you, from where we collected it, and what we do with it, please see Sections 3 and 4 of this Privacy Policy above. We disclose the following categories of personal information for business or commercial purposes to the categories of recipients listed below:

Categories of Personal Information - Categories of Third Parties with Whom Personal Information is Shared
Identifier - Affiliates; Outside Contractors; Third-Party Sellers; Third-Party Partners; Other Users; Analytics, Advertising and Social media Platforms and Networks; Laws and Legal Rights
Commercial and Financial Information - Affiliates; Outside Contractors; Third-Party Sellers; ThirdParty Partners; Laws and Legal Rights
Health Information - Affiliates; Outside Contractors; Third-Party Partners; Laws and Legal Rights • Demographic Information - Affiliates; Outside Contractors; Laws and Legal Rights
User-Submitted Content - Affiliates; Outside Contractors; Third-Party Sellers; Third- Party Partners; Other Users; Laws and Legal Rights
Email or Refer a Friend - Affiliates; Outside Contractors; Laws and Legal Rights
Audio-Visual Information - Affiliates; Outside Contractors; Laws and Legal Rights
Device Information - Affiliates; Outside Contractors; Analytics, Advertising and Social media Platforms and Networks; Laws and Legal Rights
Internet or Other Network Activity - Affiliates; Outside Contractors; Analytics, Advertising and Social media Platforms and Networks; Laws and Legal Rights
Inferences - Affiliates; Outside Contractors; Third-Party Partners Analytics, Advertising and Social Media Platforms and Networks; Analytics, Advertising and Social Media Platforms and Networks; Laws and Legal Rights
Sensitive Personal Information - Affiliates; Outside Contractors; Third-Party Partners; Laws and Legal Rights

Your Rights

Under California law, you have a right to notice, upon collection, of the categories of Personal Information collected and the purposes for which the Personal Information will be used. We have provided this notice through this Privacy Policy. In addition, California residents have additional rights, subject to certain limitations, including:

Access: You have the right to access a copy of the categories and specific pieces of Personal Information that we have collected about you.
Correction: You have the right to request that we correct inaccurate Personal Information that we hold about you, taking into account the nature of the Personal Information and the purposes of the processing of the Personal Information.
Deletion: You have the right to request that we delete or anonymize your Personal Information, with certain exceptions.
Sale/Sharing Opt-out: You have the right to opt-out of the sale of your Personal Information.
No Retaliation: You have the right to be free from discrimination for exercising your rights.
Right to Limit Use of Sensitive Personal Information: You have the right to limit use of sensitive Personal Information where such information is used to infer characteristics about the consumer (such as for marketing purposes).

Exercising Your Right to Access, Correction, or Deletion

To submit a request to access, correct, delete your information, or exercise your right as a consumer or as an authorized agent, send an email to primestincompliance@primestin.care. Once we receive a request, we will take steps to verify your request and will ask for information that is reasonable in light of the nature of your request.

If an authorized agent is used to make a request on your behalf, we require the authorized agent to provide proof that you gave them permission to submit the request on your behalf. We may also require you to verify your identity directly with us.

Limit Use of Sensitive Personal Information

You can opt out of certain uses of your Sensitive Personal Information by sending an email to primestincompliance@primestin.care.

Sale of Personal Information

Primestin Care, LLC does not sell or share Personal Information in exchange for money. However, we may share Personal Information with our partners to understand how you use our Service, to customize your experience when you use our Service, to market to you, to improve our products and services, and to provide advertisements on other websites that we or our partners believe will be of interest to you. In addition, Primestin Care, LLC uses cookies and similar technologies to enhance Service navigation, analyze Service usage, and assist in marketing efforts (including targeted advertising). In some cases, sharing for these purposes may be considered a “sale” of information under California law.

The categories of Personal Information disclosed that may be considered a “sale” under California law are Identifiers, Device Information, Internet or Other Network Activity, and Inferences. The categories of third parties to whom Personal Information was disclosed that may be considered a “sale” under California law are: Third-Party Partners, Third-Party Sellers, and Analytics, Advertising and Social Media Platforms and Networks.

We do not sell, or have actual knowledge of any sale of, the Personal Information of minors under 16 years of age.

Questions

If you have any questions about these privacy rights, please contact us at the contact information below.

Primestin Care, LLC, email us at primestincompliance@primestin.care.

12. SPECIAL NOTICE TO COLORADO RESIDENTS.

For Colorado residents, this section describes the rights you may have under Colorado law as of July 1, 2023. These disclosures are intended to supplement this Privacy Policy with information required by Colorado law. To understand what Personal Information we may have collected about you, from where we collected it, and what we do with it, please see Sections 3 and 4 of this Privacy Policy above. We do not use your Personal Information to make decisions with legal or similar significant effects for you based on the automated processing of your Personal Information. In addition, the table below describes for each purpose for which we process Personal Information, the categories of Personal Information we process and share with third parties and the categories of third parties with whom Personal Information is shared:

Processing Purpose: Providing our Service
Personal Information Processed and Shared:
Identifiers
Commercial and Financial Information
Health Information
Demographic Information
User-submitted Content
Email or Refer a Friend
Audio-visual Information
Device Information
Internet or Other Network Activity
Inferences
Categories of Third Parties with Whom Personal Information is Shared:
Affiliates
Outside Contractors
Third-Party Sellers
Third-Party Partners
Other Users
Laws and Legal Rights
Processing Purpose: Communicating with You
Personal Information Processed and Shared:
Identifiers  User-submitted Content
Email or Refer a Friend
Inferences
Sensitive Personal Information
Categories of Third Parties with Whom Personal Information is Shared:
Affiliates
Outside Contractors
Third-Party Sellers
Third-Party Partners
Laws and Legal Rights
Processing Purpose: Analytics and Personalization
Personal Information Processed and Shared:
Identifiers
Commercial and Financial Information (limited to purchasing or consuming histories or tendencies)
Demographic Information
User-submitted Content
Device Information
Internet or Other Network Activity
Inferences
Sensitive Personal Information (however, we only use Sensitive Personal Information internally for marketing purposes and do not share this information with third parties for their own marketing purposes).
Categories of Third Parties with Whom Personal Information is Shared:
Affiliates
Outside Contractors
Third-Party Sellers
Third-Party Partners
Analytics, Advertising, and Social Media Platforms and Networks
Processing Purpose: Business Functions
Personal Information Processed and Shared:
Identifiers
Commercial and Financial Information
Demographic Information
User-submitted Content
Audio-visual Information
Device Information
Internet or Other Network Activity
Inferences
Sensitive Personal Information
Categories of Third Parties with Whom Personal Information is Shared:  Affiliates  Outside Contractors  Laws and Legal Rights
Processing Purpose: Security and Fraud Prevention
Personal Information Processed and Shared:
Identifiers
Commercial and Financial Information
Health Information
User-submitted Content
Email or Refer a Friend
Audio-visual Information
Device Information
Internet or Other Network Activity
Inferences
Sensitive Personal Information
Categories of Third Parties with Whom Personal Information is Shared:
Affiliates
Outside Contractors
Laws and Legal Rights
Processing Purpose: Legal Rights and Obligations
Personal Information Processed and Shared:
Identifiers
Commercial and Financial Information
Health Information
Demographic Information
User-submitted Content
Email or Refer a Friend
Audio-visual Information
Device Information
Internet or Other Network Activity Inferences
Categories of Third Parties with Whom Personal Information is Shared:
Affiliates
Outside Contractors
Laws and Legal Rights

Your Rights

Beginning on July 1, 2023, and subject to certain limitations, Colorado residents have the rights below:

Access: You have the right to access a copy of the specific pieces of Personal Information that we have collected about you.
Portability: When you exercise your right to access, you also have the right to receive your Personal Information in a portable and, to the extent technically feasible, readily usable format.
Correction: You have the right to request that we correct inaccurate Personal Information that we hold about you, taking into account the nature of the Personal Information and the purposes of the processing of the Personal Information.
Deletion: You have the right to request that we delete or anonymize your Personal Information, with certain exceptions.
Sale/Sharing Opt-out: You also have the right to opt-out of targeted advertising and the sale of your Personal Information.

Exercising Your Right to Access, Portability, Correction, or Deletion

To submit a request to access (including a request to obtain Personal Information in a portable format), correct, delete your information, or exercise your rights as a consumer or as an authorized agent, send an email to primestincompliance@primestin.care. Once we receive a request, we will take steps to verify your request. We will ask for information that is reasonable in light of the nature of your request.

To use an authorized agent to make a request on your behalf, we may need the authorized agent to provide proof that you gave the authorized agent permission to submit the request on your behalf. We may also require you to verify your identity directly with us.

If we deny your request, you may appeal your request within 30 days from when your request was denied by contacting the Privacy Officer at the contact information below. You have the right to contact the Colorado Attorney General if you have concerns about the results of your appeal.

Primestin Care, LLC, email us at primestincompliance@primestin.care.

Sale of Personal Information

Primestin Care, LLC does not sell or share Personal Information in exchange for money. However, we may share Personal Information with our partners to understand how you use our Service, to customize your experience when you use our Service, to market to you, to improve our products and services, and to provide advertisements on other websites that we or our partners believe will be of interest to you. In some cases, sharing for these purposes may be considered a “sale” of information under Colorado law. In addition, Primestin Care, LLC uses cookies and similar technologies to enhance Service navigation, analyze Service usage, and assist in marketing efforts (including targeted advertising).

Questions
If you have any questions about these privacy rights, please contact us at the contact information below.

Primestin Care, LLC, email us at primestincompliance@primestin.care.

13. SPECIAL NOTICE TO CONNECTICUT RESIDENTS

For Connecticut residents, this section describes the rights you may have under Connecticut law as of July 1, 2023. These disclosures are intended to supplement this Privacy Policy with information required by Connecticut law. To understand what Personal Information we may have collected about you, from where we collected it, and what we do with it, please see Sections 3 and 4 of this Privacy Policy above. We do not use your Personal Information to make decisions with legal or similar significant effects for you based on the automated processing of your Personal Information.

Your Rights

Beginning July 1, 2023, and subject to certain limitations, Connecticut residents have the rights below:

Confirmation of Processing and Access: You have the right to confirm whether we process Personal Information about you and to access a copy of the specific pieces of Personal Information that we have collected about you.
Portability: When you exercise your right to access, you also have the right to receive your Personal Information in a portable and, to the extent technically feasible, readily usable format.
Correction: You have the right to request that we correct inaccurate Personal Information that we hold about you, taking into account the nature of the Personal Information and the purposes of the processing of the Personal Information.
Deletion: You have the right to request that we delete or anonymize your Personal Information, with certain exceptions.
Sale/Sharing Opt-out: You also have the right to opt-out of targeted advertising and the sale of your Personal Information.

Exercising Your Right to Access, Portability, Correction, or Deletion

To submit a request to access (including a request to obtain Personal Information in a portable format), correct, delete your information, or exercise your rights as a consumer or as an authorized agent, send an email to primestincompliance@primestin.care. Once we receive a request, we will take steps to verify your request. We will ask for information that is reasonable in light of the nature of your request.

If we refuse your request, we will notify you providing our reasons. You may appeal your request within 30 days from when your request was denied by contacting the Privacy Officer at the contact information below. If the appeal is denied, we will provide a way for you to contact the Connecticut Attorney General to submit a complaint.

Primestin Care, LLC, email us at primestincompliance@primestin.care.

Sale of Personal Information

Primestin Care, LLC does not sell or share Personal Information in exchange for money. However, we may share Personal Information with our partners to understand how you use our Service, to customize your experience when you use our Service, to market to you, to improve our products and services, and to provide advertisements on other websites that we or our partners believe will be of interest to you. In some cases, sharing for these purposes may be considered a “sale” of information under Connecticut law. In addition, Primestin Care, LLC uses cookies and similar technologies to enhance Service navigation, analyze Service usage, and assist in marketing efforts (including targeted advertising).

Questions

If you have any questions about these privacy rights, please contact us at the contact information below.

Primestin Care, LLC, email us at primestincompliance@primestin.care.

14. Special Notice to Utah Residents

For Utah residents, this section describes the rights you may have under Utah law as of December 31, 2023. These disclosures are intended to supplement this Privacy Policy with information required by Utah law. To understand what Personal Information we may have collected about you, from where we collected it, and what we do with it (including who we disclose it to), please see Sections 3 and 4 of this Privacy Policy above.

Your Rights

Beginning December 31, 2023, and subject to certain limitations, Utah residents have the rights below:

Confirmation of Processing and Access: You have the right to confirm whether we process Personal Information about you and to access a copy of the specific pieces of Personal Information that we have collected, used, and/or disclosed.
Portability: When you exercise your right to access, you also have the right to receive your Personal Information in a portable and, to the extent technically feasible, readily usable format.
Correction: You have the right to request that we correct inaccurate Personal Information that we hold about you, taking into account the nature of the Personal Information and the purposes of the processing of the Personal Information.
Deletion: You have the right to request that we delete or anonymize your Personal Information, with certain exceptions.

Exercising Your Right to Access, Portability, Correction, or Deletion

We will ask for information that is reasonable in light of the nature of your request. If we deny your request, you may appeal your request within 30 days from when your request was denied by contacting the Privacy Officer at the contact information below.

Primestin Care, LLC, email us at primestincompliance@primestin.care

Sale of Personal Information

Primestin Care, LLC does not sell or share Personal Information in exchange for money.

Questions

If you have any questions about these privacy rights, please contact us at the contact information below.

Primestin Care, LLC, email us at primestincompliance@primestin.care.

15. SPECIAL NOTICE TO VIRGINIA RESIDENTS

For Virginia residents, this section describes the rights you may have under Virginia law as of January 1, 2023. These disclosures are intended to supplement this Privacy Policy with information required by Virginia law. To understand what Personal Information we may have collected about you, from where we collected it, and what we do with it (including who we disclose it to), please see Sections 3 and 4 of this Privacy Policy above. We do not use your Personal Information to make decisions with legal or similar significant effects for you based on the automated processing of your Personal Information.

Your Rights

Beginning January 1, 2023, and subject to certain limitations, Virginia residents have the rights below:

Confirmation of Processing and Access: You have the right to confirm whether we process Personal Information about you and to access a copy of the specific pieces of Personal Information that we have collected about you.
Portability: When you exercise your right to access, you also have the right to receive your Personal Information in a portable and, to the extent technically feasible, readily usable format.
Correction: You may have the right to request that we correct inaccurate Personal Information that we hold about you, taking into account the nature of the Personal Information and the purposes of the processing of the Personal Information.
Deletion: You have the right to request that we delete or anonymize your Personal Information, with certain exceptions.
Sale/Sharing Opt-out: You also have the right to opt-out of targeted advertising and the sale of your Personal Information.

Exercising Your Right to Access, Portability, Correction, or Deletion

To submit a request to access (including a request to obtain Personal Information in a portable format), correct, delete your information, or exercise your rights as a consumer or as an authorized agent, send an email to primestincompliance@primestin.care. Once we receive a request, we will take steps to verify your request. We will ask for information that is reasonable in light of the nature of your request. If we deny your request, you may appeal your request within 30 days from when your request was denied by contacting the Privacy Officer at the contact information below.

Primestin Care, LLC, email us at primestincompliance@primestin.care.

Sale of Personal Information

Primestin Care, LLC does not sell or share Personal Information in exchange for money.

Questions

If you have any questions about these privacy rights, please contact us at the contact information below.

Primestin Care, LLC, email us at primestincompliance@primestin.care.

16. USERS OUTSIDE OF THE UNITED STATES.

The Service may only be used within certain jurisdictions within the United States as set forth in the Terms. Accordingly, this Privacy Policy, and our collection, use, and disclosure of your information, is governed by U.S. law, and by using the Service, you acknowledge that the Service will be governed by U.S. law. Using the Service from outside the United States is prohibited under our Terms and may subject you to termination of your use of the Service under such Terms. In no event will Primestin Care, LLC or any of its officers, directors, employees, consultants, subsidiaries, agents, and affiliated entities, including Primestin Care, LLC be liable for any losses or damages arising from your use of the Service outside of the United States, and you waive any claims that may arise under the laws of your location outside the United States. Notwithstanding the foregoing, we do not represent or warrant that the Service is appropriate or available for use in any particular jurisdiction. If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the United States to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. By providing any information, including PII, PHI, and/or PCI-DSS on or to the Service, you consent to such transfer, storage, and processing.

1. YOUR RIGHTS

When it comes to your health information, you have certain rights. This section explains your rights and some of our responsibilities to help you:

Get an electronic or paper copy of your medical record

You can ask to see or get an electronic or paper copy of your medical record and other health information we have about you. Ask us how to do this.
We will provide a copy or a summary of your health information, usually within 30 days of your request. We may charge a reasonable, cost-based fee.

Ask us to correct your medical record

You can ask us to correct health information about you that you think is incorrect or incomplete. Ask us how to do this.
We may say “no” to your request, but we’ll tell you why in writing within 60 days.

Request confidential communications

You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address.
We will say “yes” to all reasonable requests.

Ask us to limit what we use or share

You can ask us not to use or share certain health information for treatment, payment, or our operations.
We are not required to agree to your request, and we may say “no” if it would affect your care.
If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer.
We will say “yes” unless a law requires us to share that information.

Get a list of those with whom we’ve shared information

You can ask for a list (accounting) of the times we’ve shared your health information for six years prior to the date you ask, who we shared it with, and why.
We will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.

Get a copy of this privacy notice

You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.

Choose someone to act for you

If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.
We will make sure the person has this authority and can act for you before we take any action.

File a complaint if you feel your rights are violated

You can complain if you feel we have violated your rights by contacting us using the information on the back page.
You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1- 877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/.
We will not retaliate against you for filing a complaint.

2. YOUR CHOICES.

For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, talk to us. Tell us what you want us to do, and we will follow your instructions:

In these cases, you have both the right and choice to tell us to:

Share information with your family, close friends, or others involved in your care
Share information in a disaster relief situation
Include your information in a hospital directory
If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.

In these cases we never share your information unless you give us written permission:

Marketing purposes
Sale of your information
Most sharing of psychotherapy notes

In the case of fundraising:

We may contact you for fundraising efforts, but you can tell us not to contact you again.

3. OUR USES AND DISCLOSURES

How do we typically use or share your health information? We typically use or share your health information in the following ways:

Treat you

We can use your health information and share it with other professionals who are treating you.
Example: A doctor treating you for an injury asks another doctor about your overall health condition.

Run our organization

We can use and share your health information to run our practice, improve your care, and contact you when necessary.
Example: We use health information about you to manage your treatment and services.

Bill for your services

We can use and share your health information to bill and get payment from health plans or other entities.
Example: We give information about you to your health insurance plan so it will pay for your services.

4. OTHER USES AND DISCLOSURES

We are allowed or required to share your information in other ways – usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes. For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html.

Help with public health and safety issues

We can share health information about you for certain situations such as:
Preventing disease
Helping with product recalls
Reporting adverse reactions to medications
Reporting suspected abuse, neglect, or domestic violence
Preventing or reducing a serious threat to anyone’s health or safety

Do research Comply with the law

We can use or share your information for health research.
We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law.

Respond to organ and tissue donation requests

We can share health information about you with organ procurement organizations.

Work with a medical examiner or funeral director

We can share health information with a coroner, medical examiner, or funeral director when an individual dies.

Address workers’ compensation, law enforcement, and other government requests

We can use or share health information about you:
For workers’ compensation claims
For law enforcement purposes or with a law enforcement official
With health oversight agencies for activities authorized by law
For special government functions such as military, national security, and presidential protective services

Respond to lawsuits and legal actions

We can share health information about you in response to a court or administrative order, or in response to a subpoena.

5. OUR RESPONSIBILITIES

We are required by law to maintain the privacy and security of your protected health information. We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information. We must follow the duties and privacy practices described in this notice and give you a copy of it. We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind. For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html.

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PRIMESTIN CARE TERMS OF SERVICE

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES

1. NO PROVISION OF MEDICAL ADVICE

2. NOT INSURANCE

3. SERVICES & MEMBERSHIP

4. LOCATION OF SERVICES

5. SCHEDULING OF APPOINTMENTS

6. MEMBERSHIP FEES; LATE FEES

7. INCLUDED SERVICES; ADDITIONAL SERVICES

8. SUSPENSION OF SERVICES; TERMINATION

9. MEDICAL RECORDS

10. COMMUNICATIONS; SECURITY

11. COMMUNICATION RESPONSE

12. CONNECTIVITY

13. NO PARTICIPATION IN INSURANCE/NO THIRD-PARTY PAYERS

14. LIMITED LICENSE TO PLATFORM

15. INFORMAL DISPUTE RESOLUTION

16. ARBITRATION

17. MEMBER’S REPRESENTATIONS AND WARRANTIES

18. USE RESTRICTIONS

19. DISCLAIMER OF WARRANTY

20. LIMITATION OF LIABILITY

21. FORCE MAJEURE

22. SEVERABILITY

23. GOVERNING LAW

24. CHANGES IN APPLICABLE LAWS

25. MODIFICATION OR AMENDMENT

26. NOTICES

PRIVACY POLICY

1. INTRODUCTION

2. INFORMATION COVERED BY THIS PRIVACY POLICY

3. INFORMATION COLLECTED BY THE SERVICE

4. HOW WE USE AND DISCLOSE YOUR PERSONAL INFORMATION

5. CONFIDENTIALITY AND SECURITY

6. ACCESSING AND CHANGING YOUR INFORMATION

7. CHILDREN’S PRIVACY

8. OPT OUT

9. CHANGES TO OUR PRIVACY POLICY

10. PROTECTED HEALTH INFORMATION

11. SPECIAL NOTICE TO CALIFORNIA RESIDENTS

12. SPECIAL NOTICE TO COLORADO RESIDENTS.

13. SPECIAL NOTICE TO CONNECTICUT RESIDENTS

14. Special Notice to Utah Residents

15. SPECIAL NOTICE TO VIRGINIA RESIDENTS

16. USERS OUTSIDE OF THE UNITED STATES.

17. QUESTIONS AND SUGGESTIONS.

NOTICE OF PRIVACY PRACTICES

1. YOUR RIGHTS

Get an electronic or paper copy of your medical record

Ask us to correct your medical record

Request confidential communications

Ask us to limit what we use or share

Get a list of those with whom we’ve shared information

Get a copy of this privacy notice

Choose someone to act for you

File a complaint if you feel your rights are violated

2. YOUR CHOICES.

In these cases, you have both the right and choice to tell us to:

In these cases we never share your information unless you give us written permission:

In the case of fundraising:

3. OUR USES AND DISCLOSURES

Treat you

Run our organization

Bill for your services

4. OTHER USES AND DISCLOSURES

Help with public health and safety issues

Do research Comply with the law

Respond to organ and tissue donation requests

Work with a medical examiner or funeral director

Address workers’ compensation, law enforcement, and other government requests

Respond to lawsuits and legal actions

5. OUR RESPONSIBILITIES

6. CHANGES TO THE TERMS OF THIS NOTICE