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PRIVACY POLicy

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Privacy Policy, Notice of Privacy Practices, and Patient Authorization for Marketing Activities

FITON HEALTH SERVICES LLC

PRIVACY POLICY

At FitOn Health Services LLC (“FitOn”) your privacy is important to us. Our Privacy Policy describes the information we collect, how we collect the information, the reasons we collect information, and how we share or use the information we collect. This Privacy Policy also describes the choices you have with the information we collect, including how you can manage, update, or request to delete information. 

Please take a moment to review this Privacy Policy. You may scroll through this Privacy Policy or use the headings below. It is important that you understand this Privacy Policy. By using our Platform, you are agreeing to the terms of this Privacy Policy. If you have any questions or concerns about this Privacy Policy, you may Contact Us at any time.

I. Who is FitOn? 

FitOn is not a medical group or a health care provider. FitOn provides its users with the ability to obtain a telemedicine consultation provided through independent medical groups, including, but not limited to, FitOn Care, P.A. and the members of its affiliated covered entity (“Medical Group”), a group of independent medical groups with a network of United States based health care providers (each, a “Provider”). Medical Group (or your own medical provider if you do not use a Medical Group Provider) is responsible for providing you with a Notice of Privacy Practices describing its collection and use of your health information, not FitOn.

II. Key Terms & Definitions and Our Privacy Policy

It is helpful to start by explaining some of our key terms and definitions used in this Privacy Policy. 

Key Term Definition

our “Devices” FitOn devices

“Personal Information” Any information relating to an identified or identifiable individual and any information listed here. 

our “Platform” Our Website and/or Devices. 

“Privacy Policy” This privacy policy. 

our “Services” Any services provided through our Platform. 

our “Terms of Use” Our terms of use are located here. 

our “Website(s)” Our website: www.fitoncare.com 

“FitOn,” “we,” “us,” or “our” FitOn Health Services LLC

When does our Privacy Policy apply? 

This Privacy Policy describes the types of information we may collect from you when:

  • You visit or use our Platform, including our Website;
  • You wear our Devices and connect them to the Platform;
  • We communicate in e-mail, text message, and other electronic messages between you and us; and 
  • We communicate in person, such as on the phone or through a telehealth visit. 

When does our Privacy Policy not apply?

This Privacy Policy does not apply to information collected by any other website operated either by us or by a third party, unless the website is listed above or links to this Privacy Policy. It also does not apply to any website that we may provide a link to or that is accessible from our Platform. 

This Privacy Policy does not apply to information collected from users who log-in to the password-protected and secure portions of our Platform (“Secure Platform”). The Secure Platform allows users who obtain the Services (“Customers”) to perform certain functions or obtain the Services (such as telehealth visits from Medical Group or Providers). All information collected and stored by us or added by Customers into such Secure Platforms is considered Protected Health Information ("PHI") and/or medical information and is governed by applicable state and federal laws that apply to that information, for example the Health Insurance Portability and Accountability Act (“HIPAA”). How we use and disclose such PHI is in accordance with the applicable Notice of Privacy Practices provided to you by the Medical Group. We will not use or disclose information collected from the Secure Platform or received from Medical Group or your Provider for advertising, marketing, or other use-based data mining purposes except as otherwise permitted by HIPAA and other applicable law. We will not sell or share any PHI in violation of HIPAA. 

Our Privacy Policy and Terms of Use.

This Privacy Policy is incorporated into our Terms of Use, which also apply when you use our Platform. 

III. Personal Information

What is Personal Information?

Personal information is information from and about you that may be able to personally identify you. We treat any information that may identify you as personal information. For example, your name and e-mail address are personal information. 

What types of Personal Information do we collect? 

We may collect and use the following personal information (hereinafter, collectively referred to as “Personal Information”):

Categories of Personal Information Specific Types of Personal Information Collected

Personal Identifiers A real name, birth date, e-mail address, postal address, or social security number.

Information that identifies, relates to, describes, or is capable of being associated with a particular individual A telephone number, insurance policy number, health insurance information, medical conditions, or signature of any kind.

Characteristics of protected classifications under California or federal law. Age and medical condition. 

Internet or other electronic network activity information IP address

Health Information

Some Personal Information we collect may constitute PHI under HIPAA. As set forth above, your Provider will provide you with a Notice of Privacy Practices describing their collection and use of your PHI, not FitOn. We will only collect and use PHI for the purposes of providing the Platform and Services and we only collect the minimum amount necessary to fully perform and provide the Services on our Platform. We may combine your PHI with Personal Information that we have either obtained from you or through a third-party, such as your Provider, health insurer, employee benefits program, or other health care providers. PHI will only be used and disclosed as outlined in the Notice of Privacy Practices and as permitted by HIPAA and other applicable law. 

How do we collect your Personal Information?

We collect most of this Personal Information directly from you. For example, when we speak to you by phone, text message, and e-mail. Additionally, we will collect information from you when you visit our Website and fill out forms, wear one of our Devices, or purchase our Services. 

We may also collect Personal Information in the following ways:

  • During your telehealth visit.
  • Through your Devices. 
  • From a third-party, such as your treating health care providers.
  • When you make payments through the Platform. We do not collect or store financial account information, though we may receive transaction identifiers and summary information that does not include credit card or bank account numbers.
  • When You Contact Us. When you contact FitOn directly, such as when you contact our Customer Support team, we will receive the contents of your message or any attachments you may send to us, as well as any additional information you choose to provide.

We will also collect information automatically as you navigate through our Platform. We use the following technologies to automatically collect data: 

  • Cookies. We and our service providers may use cookies, web beacons, and other technologies to receive and store certain types of information whenever you interact with our Platform or Services through your computer or mobile device. A “cookie” is a small file or piece of data sent from a website and stored on the hard drive of your computer or mobile device. Some of the cookies we use are "session" cookies, meaning that they are automatically deleted from your hard drive after you close your browser at the end of your session. Session cookies are used to optimize performance of the Website and to limit the amount of redundant data that is downloaded during a single session. We also may use "persistent" cookies, which remain on your computer or device unless deleted by you (or by your browser settings). We may use persistent cookies for various purposes, such as statistical analysis of performance to ensure the ongoing quality of our Platform and/or the Services. On your computer, you may refuse to accept browser cookies by activating the appropriate setting on your browser, and you may have similar capabilities on your mobile device in the preferences for your operating system or browser. However, if you select this setting you may be unable to access or use certain parts of our Platform or the Services. Unless you have adjusted your browser or operating system setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Platform.

How do we use your Personal Information? 

We may use your Personal Information for the following purposes: 

  • Operate, maintain, supervise, administer, and enhance our Platform or the Services, including monitoring and analyzing the effectiveness of content on the Platform, aggregate site usage data, and other usage of the Platform and/or the Services such as assisting you in completing the registration process.
  • Provide our Services to you, in a custom and user-friendly way. 
  • Provide you with information or Services that you request from us or that may be of interest to you. 
  • Promote and market the Services to you. For example, we may use your Personal Information, such as your e-mail address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about Services or information we think may interest you. You can opt-out of receiving these e-mails at any time as described below.
  • Provide you notices or about your account. 
  • Contact you in response to a request. 
  • Notify you about changes to our Platform and/or the Services we offer or provide through them. 
  • Fulfill any other purpose for which you provide it. 
  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection. 
  • Anonymize and aggregate information for analytics and reporting. 
  • Respond to law enforcement requests, court orders, and subpoenas and to carry out our legal and contractual obligations.
  • Authenticate use, detect fraudulent use, and otherwise maintain the security of our Platform and the safety of others. 
  • Provide you information about goods and services that may be of interest to you, including through newsletters.
  • Any other purpose with your consent. 

How do we share your Personal Information? 

We may share Personal Information with third parties in certain circumstances or for certain purposes, including:

  • Our business purposes. We may share your Personal Information with our affiliates, vendors, service providers, and business partners, including our data hosting and data storage partners, analytics and advertising providers, technology services and support, and data security advisors. We may also share your Personal Information with professional advisors, such as auditors, law firms, and accounting firms.
  • Your healthcare providers or family. With your consent, we may share your information, including information collected from your use of our Platform, with your health care providers and/or family members (e.g., immediate family or friends) that you designate to receive your information. 
  • With your consent. We may share your Personal Information if you request or direct us to do so. 
  • Compliance with law. We may share your Personal Information to comply with applicable law or any obligations thereunder, including cooperation with law enforcement, judicial orders, and regulatory inquiries. 
  • Business transfer. We may share your Personal Information to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our users are among the assets transferred. 
  • To enforce our rights. We may share your Personal Information to enforce any applicable terms and conditions and Terms of Use, and to ensure the safety and security of our Services and our users. 
  • De-identified information. We may also disclose de-identified information, so that it cannot be reasonably used to identify any individual, with third parties for marketing, advertising, research, or similar purposes. 
  • To improve our Platform. We may use your Personal Information for internal testing, research, analysis, and product development, including to develop and improve our website/application, and to develop, improve, or demonstrate our products and services. 
  • To market our Services. We may share your Personal Information with affiliates and third parties to market our products and services. 
  • To market third party products and services. We may share your Personal Information with affiliates and third parties to market their products or services to you if you have not opted out of these disclosures. For more information on opting out, see Your Choices about how we share your Personal Information. 

Your choices about how we share your Personal Information. 

This section of our Privacy Policy provides details and explains how to exercise your choices. We offer you choices on how you can opt out of our use of tracking technology, disclosure of your Personal Information for our advertising to you, and other targeted advertising. We do not control the collection and use of your information collected by third parties. These third parties may aggregate the information they collect with information from their other customers for their own purposes. You can opt out of third parties collecting your Personal Information for targeted advertising purposes in the United States by visiting the National Advertising Initiative's (NAI) opt-out page and the Digital Advertising Alliance's (DAA) opt-out page.

Each type of web browser provides ways to restrict and delete cookies. Browser manufacturers provide resources to help you with managing cookies. Please see below for more information. 

  • Google Chrome
  • Internet Explorer
  • Mozilla Firefox
  • Safari (Desktop)
  • Safari (Mobile)
  • Android Browser
  • Opera
  • Opera Mobile

For other browsers, please consult the documentation that your browser manufacturer provides.

If you do not wish to have your e-mail address used by FitOn to promote our own Services, you can opt-out at any time by clicking the unsubscribe link at the bottom of any e-mail or other marketing communications you receive from us or logging onto your Account Preferences page. This opt out does not apply to information provided to FitOn as a result of a purchase of products or services, or your use of our Platform and/or the Services. You may have other options with respect to marketing and communication preferences through our Platform.

You may also see certain ads on other websites because we participate in advertising networks. Ad networks allow us to target our messaging to users through demographic, interest-based, and contextual means. These networks track your online activities over time by collecting information through automated means, including through the use of cookies, web server logs, and web beacons. The networks use this information to show you advertisements that may be tailored to your individual interests. 

How do I access and correct my Personal Information?

You can review and change your Personal Information by logging into our Services and communicating with a FitOn representative. You may also Contact Us to inform us of any changes or errors in any Personal Information we have about you to ensure that it is complete, accurate, and as current as possible or to delete your account. We cannot delete your personal information except by also deleting your account with us. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.

IV. Who may use the Services?

FitOn operates subject to state and federal regulations, and the Platform and/or the Services may not be available in your state. You represent that you are not a person barred from enrolling for or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Platform and/or the Services is limited exclusively to users located in states within the United States where the Platform and/or the Services is available. The Platform and/or the Services are not available to users located outside the United States. Accessing the Platform and/or obtaining the Services from jurisdictions where content is illegal, or where we do not offer the Platform and/or the Services, is prohibited.

V. Children’s Privacy

We do not knowingly collect or sell Personal Information from individuals under the age of 18. If you are under the age of 18, you must get permission from your parents or legal guardian before using our Platform. If you are under the age of 18, do not use or provide any information on or to the Platform or through any of its features. If we learn we have collected or received Personal Information from an individual under the age of 18 without verification of parental consent, we will delete it. If you are the parent or guardian of an individual under 18 years of age whom you believe might have provided use with their Personal Information, you may Contact Us to request the Personal Information be deleted. 

VI. Does FitOn respond to Do Not Track signals?

Some web browsers have a “Do Not Track” feature. This feature lets you tell websites you visit that you do not want to have your online activity tracked. These features are not yet uniform across browsers. Our Platform is not currently set up to respond to those signals.

VII. Data Security

We have taken steps and implemented administrative, technical, and physical safeguards designed to protect against the risk of accidental, intentional, unlawful, or unauthorized access, alteration, destruction, disclosure, or use. The Internet is not 100% secure and we cannot guarantee the security of information transmitted through the Internet. Where you have been given or you have chosen a password, it is your responsibility to keep this password confidential. 

The sharing and disclosing of information via the internet is not completely secure. We strive to use best practices and industry standard security measures and tools to protect your data. However, we cannot guarantee the security of Personal Information transmitted to, on, or through our Services. Any transmission of Personal Information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on our Platform, in your operating system, or mobile device. 

VIII. California’s Shine the Light Law.

California Civil Code Section 1798.83 (California’s “Shine the Light” law) permits users of our Platform and/or the Services that are California residents and who provide Personal Information in obtaining products and services for personal, family, or household use to request certain information regarding our disclosure of Personal Information to third parties for their own direct marketing purposes. If applicable, this information would include the categories of Personal Information and the names and addresses of those businesses with which we shared your Personal Information with for the immediately prior calendar year (e.g. requests made in 2023 will receive information regarding such activities in 2022). You may request this information once per calendar year. To make such a request, please Contact Us using the information below.

IX. Changes to our Privacy Policy

We may update our Privacy Policy periodically to reflect changes in our privacy practices, laws, and best practices. We will post any changes we make to our Privacy Policy on this page. If we make material changes to our practices with regards to the Personal Information we collect from you, we will notify you by e-mail to the e-mail address specified in your account and/or through a notice on the Platform. The date this Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically accessing the Platform and reviewing this Privacy Policy to check for any changes. 

NOTICE OF PRIVACY PRACTICES

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

This Notice of Privacy Practices (the “Notice”) describes how FitOn Care, P.A. and the members of its Affiliated Covered Entity (collectively “FitOn Care,” “we,” or “our,” and all other FitOn Care affiliated organizations) may use and disclose your protected health information to carry out treatment, payment or business operations and for other purposes that are permitted or required by law. An Affiliated Covered Entity is a group of health care providers under common ownership or control that designates itself as a single entity for purposes of compliance with the Health Insurance Portability and Accountability Act (“HIPAA”). The members of the FitOn Care Affiliated Covered Entity will share protected health information with each other for the treatment, payment, and health care operations of the FitOn Care Affiliated Covered Entity and as permitted by HIPAA and this Notice of Privacy Practices. For a complete list of the members of the FitOn Care Affiliated Covered Entity, please contact the FitOn Care Privacy Office.

“Protected health information” or “PHI” is information about you, including demographic information, that may identify you and that relates to your past, present or future physical health or condition, treatment or payment for health care services. This Notice also describes your rights to access and control your protected health information.

USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION:

Your protected health information may be used and disclosed by our health care providers, our staff, and others outside of our office that are involved in your care and treatment for the purpose of providing health care services to you, to support our business operations, to obtain payment for your care, and any other use authorized or required by law.

TREATMENT:

We will use and disclose your protected health information to provide, coordinate, or manage your health care and any related services. This includes the coordination or management of your health care with a third party. For example, your protected health information may be provided to a health care provider to whom you have been referred to ensure the necessary information is accessible to diagnose or treat you.

PAYMENT:

Your protected health information may be used to bill or obtain payment for your health care services. This may include certain activities that your health insurance plan may undertake before it approves or pays for your services, such as: making a determination of eligibility or coverage for insurance benefits and reviewing services provided to you for medical necessity. 

HEALTH CARE OPERATIONS:

We may use or disclose, as needed, your protected health information in order to support the business activities of this office. These activities include, but are not limited to, improving quality of care, providing information about treatment alternatives or other health-related benefits and services, developing or maintaining and supporting computer systems, legal services, and conducting audits and compliance programs, including fraud, waste and abuse investigations.

USES AND DISCLOSURES THAT DO NOT REQUIRE YOUR AUTHORIZATION:

We may use or disclose your protected health information in the following situations without your authorization. These situations include the following uses and disclosures: as required by law; for public health purposes; for health care oversight purposes; for abuse or neglect reporting; pursuant to Food and Drug Administration requirements; in connection with legal proceedings; for law enforcement purposes; to coroners, funeral directors and organ donation agencies; for certain research purposes; for certain criminal activities; for certain military activity and national security purposes; for workers’ compensation reporting; relating to certain inmate reporting; and other required uses and disclosures. Under the law, we must make certain disclosures to you upon your request, and when required by the Secretary of the Department of Health and Human Services to investigate or determine our compliance with the requirements of the Health Insurance Portability and Accountability Act (HIPAA). State laws may further restrict these disclosures.

USES AND DISCLOSURES THAT REQUIRE YOUR AUTHORIZATION:

Other permitted and required uses and disclosures will be made only with your consent, authorization or opportunity to object unless permitted or required by law. Without your authorization, we are expressly prohibited from using or disclosing your protected health information for marketing purposes. We may not sell your protected health information without your authorization. Your protected health information will not be used for fundraising. If you provide us with an authorization for certain uses and disclosures of your information, you may revoke such authorization, at any time, in writing, except to the extent that we have taken an action in reliance on the use or disclosure indicated in the authorization.

YOUR RIGHTS WITH RESPECT TO YOUR PROTECTED HEALTH INFORMATION:

You have the right to inspect and copy your protected health information. 

You may request access to or an amendment of your protected health information.

You have the right to request a restriction on the use or disclosure of your protected health/personal information. Your request must be in writing and state the specific restriction requested and to whom you want the restriction to apply. We are not required to agree to a restriction that you may request, except if the requested restriction is on a disclosure to a health plan for a payment or health care operations purpose regarding a service that has been paid in full out-of-pocket. 

You have the right to request to receive confidential communications from us by alternative means or at an alternate location. We will comply with all reasonable requests submitted in writing which specify how or where you wish to receive these communications.

You have the right to request an amendment of your protected health information. If we deny your request for amendment, you have the right to file a statement of disagreement with us. We may prepare a rebuttal to our statement and we will provide you with a copy of any such rebuttal.

You have the right to receive an accounting of certain disclosures of your protected health information that we have made, paper or electronic, except for certain disclosures which were pursuant to an authorization, for purposes of treatment, payment, healthcare operations (unless the information is maintained in an electronic health record); or for certain other purposes. 

You have the right to obtain a paper copy of this Notice, upon request, even if you have previously requested its receipt electronically by e-mail.

REVISIONS TO THIS NOTICE:

We reserve the right to revise this Notice and to make the revised Notice effective for protected health information we already have about you as well as any information we receive in the future. You are entitled to a copy of the Notice currently in effect. Any significant changes to this Notice will be posted on our web site. You then have the right to object or withdraw as provided in this Notice.

BREACH OF HEALTH INFORMATION:

We will notify you if a reportable breach of your unsecured protected health information is discovered. Notification will be made to you no later than 60 days from the breach discovery and will include a brief description of how the breach occurred, the protected health information involved and contact information for you to ask questions.

COMPLAINTS:

Complaints about this Notice or how we handle your protected health information should be directed to our HIPAA Privacy Officer. If you are not satisfied with the manner in which a complaint is handled you may submit a formal complaint to the 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.

We must follow the duties and privacy practices described in this Notice. We will maintain the privacy of your protected health information and to notify affected individuals following a breach of unsecured protected health information. If you have any questions about this Notice, please contact us at legal@fitoncare.com and ask to speak with our HIPAA Privacy Officer.

RECORDS MANAGEMENT AND RETENTION POLICY

Consistent with applicable legal requirements and sound business practices, it is the policy of FitOn Health Services LLC (“FitOn”) to retain and manage its business, financial, personnel and other Records (as defined below) in accordance with uniform guidelines, practices, and procedures. All FitOn employees, consultants and other personnel (“Personnel”) shall manage and protect FitOn Records and maintain FitOn Records in accordance with HIPAA policies and regulations. 

It is the intent of this Policy to ensure that all Records necessary for business and legal reasons will be retained for a period of time that will reasonably assure their availability when needed, but for no period of time longer than reasonably necessary. All Records required to be retained to document FitOn’s legal compliance, or otherwise required by law, rule or regulation to be retained, shall be retained for no less than the periods required by law. Compliance with this Policy will also assist FitOn in complying with court rules and orders during litigation, such as the Federal Rules of Civil Procedure and similar rules applicable in state court litigation. All Records required to be retained due to pending or threatened litigation or investigation shall be retained for so long as the litigation or investigation is active. (See Section 4, Legal Hold, below.) The Retention Schedule establishes the Record categories covered by this Policy and the retention period for each category. To the extent that a Record is included in more than one category, the longer retention period shall apply. 

PATIENT AUTHORIZATION FOR MARKETING ACTIVITIES

I hereby authorize FitOn Care, P.A. and the members of its affiliated covered entity (“FitOn Care”) to use my image, video recording, audio recording, and personal testimony in articles, films, videotapes, books, portfolios, presentations, marketing materials and similar documents for FitOn Care’s marketing, promotion and advertising activities. I hereby consent to the storage and sharing of my image, video, and personal testimony for FitOn Care’s marketing, promotional, and advertising purposes. 

I understand that I have the right to revoke this Marketing Authorization, in writing, at any time by sending such written notification to FitOn Care at 802 E Whiting St. Suite 14, Tampa, FL 33602, Attn: Legal Dept. I understand that information used or disclosed pursuant to this Marketing Authorization may be subject to redisclosure by the recipient of such information and may no longer be protected by Federal or State law. However, State law may prohibit the person receiving my health information from making future disclosures of my information unless another authorization for disclosure is obtained from me, or unless such disclosure is specifically required or permitted by law. FitOn Care will not condition my treatment on whether I provide authorization for the requested use or disclosure.

I understand that I have the right to: inspect or copy the protected health information to be used or disclosed as permitted under Federal or State law; refuse to sign this Marketing Authorization; and receive a copy of this Marketing Authorization. 

This Marketing Authorization is valid until I am no longer a patient of FitOn Care, within five (5) years from the date indicated below, or applicable state law, whichever is earlier. 

I have read the above information and authorize FitOn Care to use or disclose the identified information for the purposes described herein

Contact Us

If you have any questions, concerns, complaints or suggestions regarding our Privacy Policy or otherwise need to contact us, you may contact us at the contact information below or through the “Contact Us” page on the Platform. 

How to Contact Us:

FitOn Health Services LLC

802 E Whiting St. Suite 14

Tampa, FL 33602

legal@fitoncare.com