Last modified: May 25th, 2018 (view archived versions)

1. INTRODUCTION

Purpose. The purpose of this Privacy Policy is to describe how NextHealthMedia, LLC (“Company”) collects, uses, and shares information about you through our U.S. online interfaces (e.g., websites and mobile applications) owned and controlled by us, including www.zwivel.com (collectively referred to herein as the “Site”). Please read this notice carefully to understand what we do. If you do not understand any aspects of our Privacy Policy, please feel free to Contact Us as described on our website or at the bottom of this policy.

Scope; Third-Party Sites. This Privacy Policy applies only to information we collect at and through the Site. Our Site also contains links to third-party sites that are not owned or controlled by the Company, such as those of Participating Health Care Providers. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our Site and to read the privacy statements of each and every website that collects personal information.

Terms of Use. Please note that your use of our Site is also subject to our Terms of Use.

2. INFORMATION WE COLLECT AND WHY WE COLLECT IT

Information You Provide To Us

The types of personal information that we collect when you provide it to us, such as when you register on our site, include, for example, your name, email address, telephone number, address, and business or other personal or preference information.

If you are processing transactions through the Site, we collect credit card information that will be used for billing purposes.

Finally, we may have access to your “personal protected health information” (“PHI”) as such phrase is defined under the privacy and security rules adopted pursuant to the Federal Health Insurance Portability and Accountability Act of 1996 (“HIPAA Privacy and Security Rules”). PHI is information about you that may be used to identify you (such as your name, date of birth, address, or other information), and that relates to (a) your past, present or future physical or mental health or condition, (b) the provision of health care to you, or (c) your past, present, or future payment for the provision of health care, and (d) that is created or received by (or on behalf of) a covered entity, such as a Participating Health Care Provider. We understand that your health information is very personal and value your trust in sharing this confidential information with us.

Information Collected Through 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 Site. Google Analytics uses “cookies”, which are text files placed on your computer, to help the Site analyze how users use the site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on Site activity for Site operators, and providing other services relating to Site activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of this Site. By using this Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above. 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.

Information Collected Through Cookies and Similar Technologies

We and our service providers use cookies, web beacons, and other technologies to receive and store certain types of information whenever you interact with our Site through your computer or mobile device. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the Site again, the cookie allows that site to recognize your browser. Cookies may store unique identifiers, user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Site features or services may not function properly without cookies. We use cookies to improve the quality of our service, including for storing user preferences, tracking user trends and providing relevant advertising to you. (See, “Advertising” below.)

No Information From Children Under Age 18

Use of the Site is not intended by persons under eighteen (18) years of age. By creating a Zwivel account and/or providing information and using the Site, you affirm that you are at least 18 years of age. If you are under the age of 18, please do not attempt to register with us at this Site or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under the age of 18, we will promptly delete that information. If you believe we have collected personal information from a child under the age of 18, please Contact Us.

3. HOW WE USE AND SHARE YOUR INFORMATION

To Provide Services. We use the information we collect to provide the Services (as defined in the Site’s Terms and Conditions of Use for Individual Users and Terms and Conditions of Use for Participating Health Care Providers, collectively referred to herein as the “Site’s Terms and Conditions of Use”), improve our communications, and improve our content and offerings, among other purposes. Also, we use the information we collect to troubleshoot problems, resolve disputes, and enforce the Site’s Terms and Conditions of Use.

Additionally, the information we collect is used:

  • generally to improve the content and layout of our Site
  • to improve the content and layout of our Site for individual visitors
  • to notify you about updates to our Site
  • to contact you for marketing purposes
  • for internal review.

We contract with third-party service providers in order to operate our business, including the healthcare providers participating in consultation services offered through the Site (the “Participating Health Care Providers”). Those service providers may need access to your information to perform fulfillment and other services. We undertake to provide only that portion of your information needed to perform the pertinent service, and we require that all service providers hold your information in confidence and use it only to provide the service for which they have been engaged.

We limit access to your information to the Participating Health Care Providers you select for receipt of your information, the Participating Health Care Providers who may match your search criteria while you utilize the Services, or other Participating Health Care Providers that we determine may want to discuss your information with you based upon criteria you provide to the Company.

We comply fully with the HIPAA Privacy and Security Rules to the extent that such Rules govern the Company’s conduct. We use appropriate policies and procedures to maintain the confidentiality, integrity and availability of your information as may be required by applicable law.

We may use third parties to help host our Site, send out email updates about the Site, provide marketing and advertising services for us, remove repetitive information from our user lists, and process payments. These service providers will have access to your personal information in order to provide these services, but when this occurs we implement reasonable contractual and technical protections to limit their use of that information to help us provide the service.

Advertising. We may use how you browse in order to show you ads for Company or our advertising partners that are more relevant to your interests. We may use cookies and other information to provide relevant interest-based advertising to you. Interest-based ads are ads presented to you based on your browsing behavior in order to provide you with ads more tailored to your interests. These interest-based ads may be presented to you while you are browsing our site or third-party sites not owned by Company.

We belong to ad networks that may use your browsing history across participating websites to show you interest-based advertisements on those websites. You can opt out of receiving interest-based ads from us by going to your settings. Please note that if you choose to opt-out, you will continue to see ads on our Site, but they will not be based on how you browse and shop.

If your browser sends a “do not track” signal or similar mechanism to indicate you do not wish to be tracked or receive interest-based ads, please contact us at [email protected]. Currently, our Site does not recognize if your browser sends a “do not track” signal or similar mechanism to indicate you do not wish to be tracked or receive interest-based ads. To learn more about interest-based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance and the Network Advertising Initiative websites Please note that if you opt-out of receiving interest-based advertising, you will still receive ads that will not necessarily be tailored to your interests.

Third-Party Advertising & Marketing. From time to time with your consent, we may disclose your email address to Participating Health Care Providers who may offer you products and services of interest. You may opt-out of this sharing by contacting us at [email protected]to remove yourself from the mailing list. If you have consented to our sharing your personal information with these third parties, you may subsequently opt-out by contacting us at [email protected].

Your Consent. In addition to the sharing described elsewhere in this Policy, we will share personal information with companies, organizations or individuals outside of Company when we have your consent to do so. By checking the box at the bottom of this Privacy Policy, you agree to and approve the following with respect to your information:

  1. You authorize the Company to use the identifiable health information you provide to the Company to inform you of third-party products or services that may be of interest to you. You also authorize the Company to disclose your email to Participating Health Care Providers generally to provide information on their products or services.
  2. To the extent that such information is PHI, you agree to the following:
    • You understand that you do not need to agree to the terms and conditions in this Authorization in order to ensure health care treatment, payment, enrollment in any health plan, or eligibility for benefits.
    • This Authorization may be revoked by you at any time except to the extent that the Company has already acted in reliance upon this Authorization. If you revoke your Authorization, you must do so in writing and mail or hand-deliver it to the Company at: One West Ridgewood Avenue, Suite 110, Paramus, NJ 07652.
    • If not revoked by you, this Authorization will terminate upon the termination of your account with the Company.
    • You are aware that information used or disclosed pursuant to this Authorization may be subject to re-disclosure by the recipient and will no longer be protected by the federal regulations protecting privacy of an individual’s health information.
    • You understand that Company may receive remuneration in exchange for sharing your information with Participating Health Care Providers.
    • You acknowledge that the Company is not itself, in the operation of the Site, acting as a provider of health care services. Rather, the Company provides Services to users of www.zwivel.com who are interested in learning more about cosmetic services offered by Participating Health Care Providers. As such, the Company is a means of communication between individual users and Participating Health Care Providers. THE COMPANY DOES NOT PROVIDE ANY HEALTH CARE SERVICES OF ANY NATURE OR DESCRIPTION.

Legal Proceedings. We will share personal information with third party companies, organizations or individuals outside of Company if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:

  • Meet any applicable law, regulation, subpoena, legal process or enforceable governmental request.
  • Enforce applicable Terms of Use, including investigation of potential violations.
  • Detect, prevent, or otherwise address fraud, security or technical issues.
  • Protect against harm to the rights, property or safety of Company, our users, customers or the public as required or permitted by law.

Transfer in the Event of Sale or Change of Control. If the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business or the Site to a third party, such as by merger, acquisition, bankruptcy proceeding or otherwise, we may transfer or sell your personal information to the new owner. In such a case, unless permitted otherwise by applicable law, your information would remain subject to the promises made in the applicable privacy policy unless you agree differently.

4. ACCESS TO YOUR INFORMATION AND CHOICES

You can access and update certain information we have relating to your online account by signing into your account at the Create Account section of our Site. If you have questions about the personal information we have about you or need to update your information, you can Contact Us. You can opt-out of receiving marketing and promotional e-mails from Company by emailing us at [email protected] You may opt-out of our sharing your personal information with Participating Health Care Provider for such providers to market to you by emailing us at [email protected]

You can close your online account by contacting [email protected] If you close your account, we will no longer use your online account information or share it with third parties. We may, however, retain a copy of the information for archival purposes, and to avoid identity theft or fraud.

5. SOCIAL PLATFORMS

The Social Platforms (as defined in the Site’s Terms and Conditions of Use), to the extent such platforms have been created, may contain sections where users can submit and publish comments, questions and answers. We do not actively monitor these sections, and the Company, its affiliates, the Participating Health Care Providers and our content licensors assume no liability for any content therein, or for any actions taken in reliance thereon. If we are alerted to something we deem inappropriate in any way, we may delete it at our discretion. Do not offer any personal information in any content you submit, unless you want that information displayed publicly to the online world.

6. SECURITY OF YOUR INFORMATION

We use industry-standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Please note that e-mails and other communications you send to us through our Site are not encrypted, and we strongly advise you not to communicate any confidential information through these means.

7. CALIFORNIA PRIVACY RIGHTS

Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2015 will receive information regarding 2014 sharing activities).

To obtain this information, please send an email message to [email protected] with “Request for California Privacy Information” on the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.

8. CONSENT TO DATA PROCESSING IN UNITED STATES

Our Site is operated and managed on servers located and operated within the United States. By using and accessing our Site, residents and citizens of countries and jurisdictions outside of the United States agree and consent to the transfer to and processing of personal information on servers located in the United States, and that the protection of such information may be different than required under the laws of your residence or location.

9. CHANGES TO OUR PRIVACY POLICY

Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your consent in accordance with applicable law. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of privacy policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review.

10. QUESTIONS AND HOW TO CONTACT US

If you have any questions, concerns, complaints or suggestions regarding our Privacy Policy or otherwise need to contact us, please email us at [email protected], or contact us by US postal mail at the following address:

  • Zwivel, LLC
  • Attn: Security Officer
  • 45 Eisenhower Drive, Suite 220
  • Paramus, NJ 07652 USA
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