Privacy Policy

01. Introduction

EYECARELIVE, INC. (“EyecareLive,” “we,” “us,” or “our”) respects the privacy of its Users (“User,” “your,” or “you”). This Privacy Policy (the “Privacy Policy”) explains how we collect, use, disclose, and safeguard your information when you use our “Website,” “Platform” and/or “Services.”

 

This Privacy Policy is incorporated into our Terms of Service and Terms of Use. Therefore, terms used in this Privacy Policy that have been previously defined will have the same meanings as provided in our Terms of Use and Terms of Service. As with our Terms of Use, if we make any changes to our Privacy Policy, we will post the revised Privacy Policy and update the “Last Revised” date of the Privacy Policy. Your use of our Service following any such change means you accept the revised Privacy Policy.

 

PLEASE NOTE THAT WE DO NOT SELL YOUR PERSONAL INFORMATION, NOR DO WE INTEND TO DO SO.  WE DO NOT GIVE ACCESS TO YOUR PERSONAL INFORMATION TO THIRD PARTIES EXCEPT TO ASSIST US IN THE PROVISION OF OUR SERVICES TO YOU AS FURTHER DETAILED IN THIS PRIVACY POLICY.

 

PLEASE READ THIS POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT. BY ACCESSING OUR WEBSITE, PLATFORM, AND SERVICES, YOU AGREE TO ACCEPT ALL THE TERMS CONTAINED IN THIS POLICY AND ACKNOWLEDGE AND AGREE WITH THE PRACTICES DESCRIBED HEREIN. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS AND USE OUR WEBSITE, PLATFORM, AND SERVICES.

 

IF YOU HAVE ANY QUESTIONS REGARDING THIS PRIVACY POLICY, PLEASE SEND US AN EMAIL AT [email protected].

 

We are committed to respecting the privacy of users of our Service. We created this Privacy Policy to tell you how EyecareLive collects, uses, and discloses information in order to provide you with our Service.

 

In addition, even though EyecareLive is not a “covered entity” as defined in the Health Insurance Portability and Accountability Act (“HIPAA”), your healthcare Provider assigned through our Service may be a “covered entity” and therefore subject to the provisions of HIPAA. As a result, for Users in the United States, your Provider has adopted a HIPAA Notice of Privacy Practices (the “Notice of Privacy Practices”) to describe how your Provider uses and discloses your protected health information (“PHI”). For Users in Canada, your Provider has adopted the Canadian equivalent of HIPAA, Personal Information Protection and Electronics Document Act (“PIPEDA Your Provider may provide you with its own Notice of Privacy Practices which you will also be required to agree to in order to receive the services from your Provider EyecareLive has agreed that its collection, use and disclosure of your PHI on behalf of your Provider will be done consistent with the Provider’s Notice of Privacy Practices except to the extent you have authorized additional uses and disclosures under this Privacy Policy or other provisions of the Terms of Service and Terms of Use.

 

By accessing or using our Service, you accept the practices and policies outlined in this Privacy Policy; you hereby consent that we will collect, use and disclose your information as set forth in this Privacy Policy; and you acknowledge receipt of your Provider’s Notice of Privacy Practices. If you are using our Service on behalf of an individual other than yourself, you represent that you are authorized by such individual to accept this Privacy Policy and the Provider’s Notice of Privacy Practices on such individual’s behalf.

 

We will not disclose, share, sell or rent your information with or to any third party (except to the extent we disclose to Authorized Physicians or Authorized Non-Physician Providers, emergency contacts, and in compliance with regulatory and legal requirements as set out in this Policy), except with your consent, or to the extent necessary, in our good faith judgment to: comply with applicable laws or regulations, respond to a subpoena, order, or similar obligation to produce information; establish or exercise EyecareLive’s legal rights or defend against legal claims; or investigate, detect, suppress, prevent or take action regarding illegal or prohibited activities, suspected fraud, situations involving potential threats to the reputation or safety of any person. We may use or disclose your email address, but never PHI, information to market a product or service, either directly, or through a service provider or partner that performs services on our behalf.

 

Simply Stated: By using EyecareLive, you’re agreeing to this Privacy Policy and your Provider’s Notice of Privacy Practices.

02. Use by Minors

EYECARELIVE’ WEBSITE, PLATFORM, AND SERVICES ARE NOT MEANT FOR USE BY PEOPLE UNDER THE AGE OF 18. IF YOU ARE UNDER 18, PLEASE DO NOT USE OUR WEBSITE, PLATFORM, AND SERVICES ON YOUR OWN.

 

Any information you provide us on behalf of your minor child will be treated in accordance with this Privacy Policy. We do not knowingly collect information for individuals under the age of 18 without the participation the person’s parent or legal guardian. If we learn that we have collected or received any information for an individual under the age of 18 without the participation of that person’s parent or legal guardian, we will only use that information to respond directly to that person) to inform him or her that he or she cannot use our Service without the representation of their parent or legal guardian, and subsequently we will delete that information from our own servers.

 

Simply Stated: You must be at least 18 years old or be represented by your parent or legal guardian to use our Service.

03. What information do we collect and how do we collect information?

We collect any information you provide when you use our Service, including, but not limited to: (1) your name and contact data (such as your e-mail address, phone number, and billing and physical addresses); (2) your login and password; (3) demographic data (such as your gender, date of birth and zip code); (4) your communications with your Providers; and (5) any information you provide when you contact or communicate with us. We may also collect information from you necessary to provide you with services from your Providers, which may include, but is not limited to: (a) payment information; (b) insurance information; and (c) health and medical data (such as previous doctors or other healthcare providers you visited, your reasons for visiting a healthcare provider, date of visit, medical history and condition, medications, images or videos, and other medical and health information you share with us).

 

In addition to the information we collect directly from you, we may also collect certain information from Providers who provide treatment or other services to you in connection with our Service. This information may include, but is not limited to, the Provider’s diagnoses, treatment plans (including prescription details) and notes. We may also receive information from third parties that pay for your care or provide you with treatment, laboratory care or prescription medication, which may include, for example, your prescription history, insurance policy, insurance eligibility and coverage, and laboratory test results.

 

We or our service providers may automatically collect certain information from your device through which you access our Service. This information includes, but is not limited to, your language preferences, your phone number or other unique device identifier (the International Mobile Equipment Identity or the Mobile Equipment ID number), the IP address of your device, the manufacturer, model and operating system of your device, the name and version of our Service you are using, information regarding your browser and information that allows us to personalize our Service. We or our service providers may also collect information about how you interact with our Service and any of our websites to which our Service links or third party websites/applications that link you to our Service, such as how many times you use a specific part of our Service, the amount of time you spend using our Service, how often you use our Service, actions you take in our Service and how you engage with our Service.

 

We and our service providers will obtain information regarding your location or the location of your device through which you access our Service. Information regarding your location will be obtained directly from you when you provide us with your zip code. Alternatively, our Service may obtain precise information about the location of your device with your express consent. Once you have consented to the collection of the precise location of your device, you may adjust this consent by managing your location services preferences through the settings of your device.

 

Simply Stated: We collect information you provide, information provided by your Providers and others involved in your health care, information automatically collected from the device you use to access our Service, information about how you use our Service, and information regarding your location.

04. How do we use your information?

In connection with providing you with our Service, we and our affiliates and service providers may use your information for a number of purposes, including, but not limited to: (a) verifying your identity and administering your Account, including processing your payments and fulfilling your orders; (b) communicating with you about our Service or your use of our Service, and sending you communications on behalf of your Providers; (c) ensuring quality customer service by providing you customer support, responding to your requests or concerns, ensuring that our Service functions properly for you, and tailoring our Service to meet your needs; (d) facilitating the provision of healthcare services to you by your Providers, and ensuring your Providers the services and support necessary for healthcare operations; (e) sending you push notifications (notifications may be enabled or disabled through your device or app settings depending on your device type); (f) detecting, preventing, investigating and responding to fraud, intellectual property infringement, violations of our Terms of Service and Terms of Use, or other misuse of our Service or a Provider’s services; and (g) providing certain marketing communications or promotional materials relating to our Service that may be of interest to you; and (h) understanding how you interact with our Service and any of our websites to which our Service links or third-party websites that link you to our Service.

 

We use information regarding your location or the location of your device through which you access our Service for a number of purposes, including, but not limited to: (a) identifying Providers who may provide you with healthcare services; (b) providing you with a list of nearby pharmacies that may fulfill any prescriptions provided to you by your Provider; and (c) identifying other healthcare providers whom you may visit at the recommendation of your Provider.

 

Simply Stated: We use your information to ensure that we provide you the best possible customer experience.

05. How can your information be disclosed?

We may disclose your information to third parties in connection with the provision of our Service or your Provider’s provision of services or as otherwise permitted or required by law. For example, we may disclose your information to: (a) third-party service providers that provide services such as the hosting of our Service, data and usage analysis, IT services and infrastructure, customer service, e-mail delivery, auditing and other similar services; (b) Providers to schedule and fulfill appointments and provide healthcare services; (c) Providers to whom you send messages through our Service; (d) Providers for treatment, payment or healthcare operations purposes; (e) third parties as we believe necessary or appropriate to comply with applicable laws; and (f) a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, liquidation or other disposition of all or any portion of our business, assets or stock to such third party. We may de-identify your information and use or disclose that de- identified information for any purposes, including but not limited to quality control activities to ensure use of EyecareLive platform in compliance with EyecareLive’s Terms of Use. We do not use data to re-identify individuals.

 

Simply Stated: We may disclose information to other parties in connection with providing you with our Service, but we do not sell your information to advertisers.

06. Our Cookie Policy

Cookies are small pieces of text used to store information on web browsers. Cookies are used to store and receive identifiers and other information on computers, phones, and other devices. Other technologies, including data we store on your web browser or device, identifiers associated with your device, and other software, are used for similar purposes. In this Privacy Policy, we refer to all of these technologies as “Cookies.”

 

We use Cookies on our Website and Platform for analytics and tracking purposes. You can set your browser to refuse all or some browser Cookies, and it will not affect your experience except for use of our shopping cart. We honor do not track signals and, if one is in place, we will not track, plant cookies, or use advertising.

07. Your California Privacy Rights

EyecareLive does not sell, trade, or otherwise transfer to outside third parties your personal information for marketing purposes or otherwise. If we do, California Civil Code Section § 1798.83 permits users of our Platform and/or Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to [email protected] or write us at EyecareLive, Inc., 2445 Augustine Drive, Santa Clara, California 95054.

08. California Consumer Privacy Act

This Section supplements the information contained in our Privacy Policy above and applies solely to all visitors, users, and others to our Website and uses our Services, who reside in the State of California (”consumers” or “you”). We adopt this Section to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Section.

  • Right to Request Personal Information. Upon request, we will provide you with (i) a list of all Personal Information that we have collected on you, (ii) from whom we obtained such Personal Information, (iii) the reason why we collected such Personal Information, and (iv) with whom (if any) we have shared such Personal Information. If we sell your Personal Information or disclose your Personal Information to third parties, upon request, we will provide you with (i) a list of the Personal Information that we have collected on you, (ii) a list of the Personal Information that we sell or disclose to others on you, and (iii) to whom we have sold or disclosed your Personal Information. A consumer can make such a request only twice in a 12-month period.

We require such Personal Information to be able to provide to you our Services.

 

Unless otherwise specified, we only collect Personal Information from you. We do not use others to provide us with your Personal Information.

  • Disclosure of Personal Information. We only share your Personal Information with service providers, e.g., billing and collection agents, who enable us to provide our Services to you. We do not sell or give your Personal Information to third parties for purposes unrelated to our provision of Services to you.

  • Right to have Personal Information Deleted. Upon request, we will delete all of your Personal Information that we have collected on you and will direct our Service Providers to also delete all of your Personal Information. But note that if we do delete all of this Personal Information, you will no longer be able to use our Services.

  • Non-Discrimination Right. We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
  • Financial Incentives. However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
  • Contact Information. You may contact us (i) at [email protected], (ii) by phone at our toll-free number 1-844-952-2020, or (iii) by writing to us at Privacy Officer, at 2445 Augustine Drive, Santa Clara, California 95054 to (i) make a Personal Information Request, (ii) lodge a complaint about our use or storage of your Personal Information, (iii) ask us to delete such Personal Information, and/or (iv) discuss our Privacy Policy and/or anything that has to do with it. We will respond within forty-five (45) days of receiving such request or query. Additionally, in order for us to respond to your request or query, we will need to collect information from the requesting party to verify their identity.
  • Under 16. We will not sell your Personal Information if you are under the age of 16 unless we have the consent of your parent or your guardian nor will we sell it if you ask us not to do so.
  • Opt Out Right.  Upon your request, we will stop selling your Personal Information (sometimes called your Opt Out Right). You may send the request to Opt Out (i) to [email protected], (ii) by phone at our toll-free number 1-844-952-2020, or (iii) by writing to us at Privacy Officer, 2445 Augustine Drive, Santa Clara, California 95054.
  • Personal Information that We Store.  For your information, we store/collect the following Personal Information on you: name, contact data including online contact information, physical address, demographic data, payment information, insurance information, health and medical data, and images and videos.

09. For Our Canadian Users

This Section supplements the information contained in our Privacy Policy above and applies solely to all visitors, users, and others to our Website and uses our Services, who reside in Canada (“consumers” or “you”). We adopt this Section to comply with the Personal Information Protection and Electronics Document Act of 2000 (“PIPEDA”) and any terms defined in the PIPEDA have the same meaning when used in this Section.

  • Definition of Personal Information.  Any information about an identifiable individual. Whatever may be the physical form or characteristics of a particular regime for “business contact information” (name, position, title, address, professional phone number, etc.)
  • Right to Access Personal Information.  You can request to access your personal information we hold about you. We will first confirm whether you have requested such information, explain how we have used your information, provide a list of names with whom your information has been shared and provide a copy of your information in an accessible format and make alternative formats available if requested.
  • Right to Correction/Limited Right to Deletion.  You can request us to correct or delete your information IF you demonstrate that the personal information we hold on you is inaccurate. We will delete or correct your information within thirty (30) calendar days. When we delete/correct your personal information we will inform the third parties with whom we have shared your information.
  • Right to be Forgotten.  Your information will be kept with us for as long as it is required for the fulfillment of the purposes of EyecareLive’s platform. Unless we otherwise give you notice, we will retain your Information on the EyecareLive Platform on your behalf until such times as you or we terminate your User Account.
  • Data Breach Notification.  We will send a notification to you as soon as feasible regarding the information of any breach that creates a “real risk of significant harm” to you. We keep a record of every data breach and, on request, provide the Office of the Privacy Commissioner with access to the record.
  • Canadian Privacy Officer.  We have appointed a Canadian Privacy and Data Protection Officer, William Lard at [email protected], to make sure the privacy rights of our Canadian users are protected in compliance with PIPEDA.
  • Two Factor Authentication.
    You may enable two-factor authentication on your account to help ensure that only you can access your account. If you do, in addition to entering your password to log in to your account to access the EyecareLive Platform, we will send a code to your mobile number, which you will need to enter. This added security prevents anyone else from accessing your EyecareLive account unless they have access to your login information.
  • Contact Information. You may contact us (i) at [email protected], or (ii) by writing to us at Privacy Officer, at 2445 Augustine Drive, Santa Clara, California 95054 to (i) make a Personal Information Request, (ii) correct or delete your personal information, (iii) discuss our Privacy Policy and/or anything that has to do with it. We will respond within thirty (30) calendar days of receiving such a request or query. Additionally, in order for us to respond to your request or query, we will need to collect information from the requesting party to verify their identity.

10. Data Security Measures

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Platform and/or Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Platform and/or Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform and/or Services.

11. Territorial Restriction

Our Website, Platform, and Services are only available for use in the United States (“US”) and Canada.

 

Please do not access and use our Website, Platform, and Services if you reside outside the US or Canada. Please be aware that information you provide to EyecareLive while accessing/using our Website, Platform and Services may be processed and transferred to the US or Canada and be subject to applicable US and/or Canadian laws. The privacy and data protection laws in the US and Canada may not be equivalent to such laws in your country of residence.

 

OUR WEBSITE, PLATFORM, AND/OR SERVICES ARE NOT AVAILABLE FOR USE AND DOWNLOAD IN THE EUROPEAN UNION.

 

Please do not register for our Services if you live anywhere in the European Union. If we discover any unauthorized registration on our Website, we reserve the right to terminate the registration. By using the Website, Platform, and/or Services, or by providing EyecareLive with your information (as detailed under this Privacy Policy), you consent to this collection, transfer, storage, and processing of information to and in the US.

 

If you have any questions regarding this section, please email us at [email protected].

12. Modifications to our Privacy Policy

EyecareLive reserves the right, at its sole discretion, to change or modify this Privacy Policy at any time. In the event, we modify this Privacy Policy, we will post the revised Privacy Policy through our Service and update the “Last Revised” date to reflect the date of the changes. You are responsible for being aware of any modifications or changes made to this Privacy Policy. By continuing to use our Service after we post such modifications or changes, you agree to the terms of this Privacy Policy, as modified or changed. EyecareLive may change, modify, suspend, or discontinue any aspect of the Website, Platform, and/or the Services at any time without notice or liability.

List of Third Party Providers

EyecareLive uses the following third-party service providers for the provision of Services as detailed under the Terms of Service and Terms of Use Terms of Service.

 

Mongo DB
Contact: mongodb.com

 

Amazon Web Services
Contact: [email protected]

 

Twilio
Contact: twilio.com

 

Additionally, if you have any questions or concerns about our third-party service providers, please email us at [email protected].

 

PLEASE REVIEW THIS PRIVACY POLICY CAREFULLY AND REACH US AT [email protected] IN CASE OF ANY QUESTIONS AND QUERIES.

Contact Us

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:
Email: [email protected]
Mail: EyecareLive, Inc., 2445 Augustine Dr. , Santa Clara, California 95054

PLEASE NOTE: IF YOU USE OUR WEBSITE, PLATFORM, AND/OR SERVICES, AGREED TO AND ACCEPTED THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY AND THE TERMS AND CONDITIONS SET FORTH IN OUR TERMS OF SERVICE AND TERMS OF USE . IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY OR THE TERMS OF SERVICE, PLEASE DO NOT USE OUR WEBSITE, PLATFORM, AND/OR SERVICES.