Endear Health – Privacy Policy

For: MyGoldKidneyPortal Gold Kidney Member Portal

Last Updated: October 2023

Endear Health, Inc. (“we”, “us”, and “our”) provides this Privacy Policy (this “Policy”) to inform you about our collection, use, disclosure, and storage of data about you that we collect via the Endear mobile app, website, and related offerings and services (collectively, the “Platform”). This Policy supplements our Terms of Service. Please review this Policy carefully.

By registering an account for the Platform, or otherwise using the Platform, you agree to the terms and conditions of this Policy.

‍

We may update this Policy from time to time at our discretion, for example to keep up with changing laws regarding data processing. We will always keep the current version of this Policy posted on our website. By using the Platform after a new version of this Policy has been posted, you agree to the terms and conditions of such version of this Policy.

‍

DATA WE COLLECT

‍

“Personal Data” means information that can be used to identify you, such as your name, email address, phone number, mailing/residential address, birthdate, and PHI (as defined below). We collect Personal Data that you voluntarily provide us, for example when you register a user account, sign up for mailing lists or newsletters, register for a premium subscription or premium content (if applicable), or otherwise reach out to us. Your submission of Personal Data is voluntary, but we may be unable to provide you requested information or services if you choose not to provide necessary Personal Data.

“PHI” means personal health information, as that term is defined and used in the Health Insurance Portability and Accountability Act (“HIPAA”). We may receive PHI from your insurance company or another covered entity, to provide services to you on their behalf in our role as a business associate of such provider(s) under HIPAA.

“Other Information” means information that does not identify you personally, and may include technical details regarding the device you use to access the Platform, IP address, operating system, browser, referral URLs, page views, location data (if location services are enabled), clicks, etc. Our systems automatically collect this kind of Other Information when you interact with the Platform. Other Information also includes information that may originally have been Personal Data but has been aggregated or anonymized such that it cannot be used to identify any individual.

‍

HIPAA AND PHI

As described in the Terms of Service, we may provide the Platform on behalf of Insurers. Insurers that are health plans are covered entities under the Health Insurance Portability and Accountability Act of 1996, the HITECH Act, and their implementing regulations (collectively, “HIPAA”). When we receive your PHI from an Insurer covered entity or from you or a third party on behalf of the Insurer, we are functioning as a business associate to the applicable covered entity Insurer. As a business associate, we are bound by the Insurer’s HIPAA Notice of Privacy Practices (“NOPP”), which explains how we may use and disclose your PHI. To learn more about how we may use and disclose your PHI, please request a copy of your Insurer’s NOPP directly from your Insurer. To the extent this Policy is inconsistent with your Insurer’s NOPP, we will comply with your Insurer’s NOPP with respect to your PHI.

COOKIES; SIMILAR TECHNOLOGY; ANALYTICS

We use “cookies” to obtain certain types of data when your web browser accesses our website. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser to enable our system to recognize you and your personalized settings, to better understand how you interact with the Platform, to monitor aggregate usage, and to optimize web traffic routing on our website. Most browsers have settings to disable or limit cookies, but please note that certain areas or features of the Platform may not be available or fully-functional if you choose to disable cookies for our websites. We may also use pixel tags, web beacons, or similar technologies to understand how our users interact with our sites and emails. Our website does not respond to “do not track” signals.

We may also use third-party analytics services such as Google Analytics, which help us understand how users are finding and using our Platform. Google Analytics collects information such as how often users visit the Platform, what pages they visit when they do so, and what other sites they used prior to coming to the Platform. We use the information we get from Google Analytics to improve the Platform and our offerings and to provide more relevant advertising. To learn more about Google Analytics’ privacy practices, you can visit to support. To opt out of Google Analytics’ metrics, you can follow the instructions at https://tools.google.com/dlpage/gaoptout.

We do not control third parties' collection or use of your information to serve interest-based advertising. You may be able to opt out of receiving personalized advertisements from companies who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance's Self-Regulatory Principles for Online Behavioral Advertising. For more information about this practice and to understand your options, please visit: http://www.aboutads.info and http://www.networkadvertising.org/choices/. You may also use TRUSTe's Preference Manager at http://preferences-mgr.truste.com.

USE OF YOUR DATA

We use your Personal Data:

for the purposes for which you provided it to us (e.g., to create or update your user account, register you for newsletters or alerts, or generate reports and other output as part of the services);
to respond to your inquiries and communications to us;
to personalize, improve, maintain, and operate the Platform;
to inform you about other opportunities, events, or services in which you may be interested, including those offered by our affiliates;
to exercise or defend our rights and comply with statutory and regulatory requirements, including responding to lawful requests for information by governmental authorities; and
for other reasons with your prior consent.

You can opt out of receiving newsletters and other promotional or marketing emails from us at any time by clicking the unsubscribe, opt-out, or similar link at the bottom of any such emails. Please note we may still contact you in connection with your account or for other administrative, non-marketing purposes.

We may use Other Information (which does not identify you personally) for any manner we deem appropriate, including without limitation to improve, maintain, and operate the Platform.

DISCLOSURE OF YOUR DATA

We will not sell your Personal Data to third parties. We may share your Personal Data with our affiliates and as needed to fulfill the purposes described in the “USE OF YOUR DATA” section above, including:

with our service providers, such as analytics, communications, and customer/technical support providers, who are only permitted to use the data on our behalf;
as necessary to exercise or defend our rights or comply with applicable law or orders from law enforcement and other governmental authorities;
to your insurance provider to facilitate the administration of your plan;
to other third parties with your prior consent.

Additionally, in the event of a merger, consolidation, sale, or transfer of all or substantially all of our assets or business, one of the assets that would generally be transferred is the data we have collected, which would be transferred subject to the applicable version of this Policy.

We may disclose Other Information (which does not identify you personally) to any parties and for any purposes we deem appropriate.

LOCATION; DATA RETENTION; SECURITY

We are based in the United States and by using the Platform, you consent to your Personal Data being transferred to and stored in our data centers located in the United States. We may retain your data so long as we can reasonably foresee the data may be required in connection with our business relationship with you. In some cases, we will retain the data for a longer period as necessary to comply with our legal obligations, follow records retention policies, resolve disputes, and enforce our agreements. You may access and update your Personal Data by visiting your account profile. We have implemented reasonable physical, organizational, and technical procedures to secure the Personal Data. Please do not transmit any sensitive information to us through unencrypted means such as emails.

YOUR CALIFORNIA PRIVACY RIGHTS

California law entitles California residents to certain additional protections regarding Personal Data. For purposes of this section alone, “CCPA Personal Information” means any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household.

We collect the following categories of CCPA Personal Information: identifiers, commercial information, Internet or other electronic network activity information, and geolocation data. We collect, use, and disclose CCPA Personal Information in the ways described above in this Policy. We do not sell CCPA Personal Information to third parties, as we understand CCPA to define “sell.” To the extent we are obligated to comply with the CCPA, California residents have the following rights to the extent granted by applicable law:

information regarding your CCPA Personal Information we have collected in the past 12 months (including the categories of CCPA Personal Information we have collected, the categories of sources of such information, and the purposes for which we have collected such information);
notice of whether we have disclosed your CCPA Personal Information to third parties in the past 12 months (and if so, what categories of information we have disclosed, and what categories of third parties we have disclosed it to);
a copy of your CCPA Personal Information collected by us in the past 12 months; and
that your CCPA Personal Information be deleted.

We will not discriminate against you if you choose to exercise any of these rights. To make any of the above requests, please contact us as set forth at the end of this Policy. We may require verification of your identity before further processing your request. In certain instances, we may be permitted by law to decline some or all of such request. Please note that if you make unfounded, repetitive, or excessive requests (as determined in our reasonable discretion) to access your Personal Data, you may be charged a fee to the extent permitted by law.

CHILDREN

The Platform is not directed toward children under 13. If a parent or guardian becomes aware that his or her child has provided us with personal information, the parent or guardian should contact us as set forth at the end of this Policy, and we will take reasonable steps to promptly remove such data from our systems (subject to any applicable, legally required or permitted, retention standards).

THIRD PARTY SITES

The Platform may include links to third-party apps, sites and services. If you visit or use such third-party sites and services, please be mindful that the relevant third party controls the cookies and other technologies it uses on its sites and how it collects, uses, and shares your Personal Data. This Policy only governs our own privacy practices; please review the applicable third-party privacy policy when visiting or using any third-party sites or services.

CONTACT

For more information or for help in answering any questions, please contact us at

Endear Health,

1000 Brickell Avenue,

Suite 715 PMB 153,

Miami, FL 33131