Last updated: Mat 25, 2024

This Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

To learn about your rights under the Washington State MHMDA, the following link will take you to the Washington State Office of the Attorney General website: https://www.atg.wa.gov/protecting-washingtonians-personal-health-data-and-privacy

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

Account means a unique account created for You to access our Service or parts of our Service.
Affiliate means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Business, for the purpose of MHMDA, refers to the Company as the legal entity that collects Consumers’ personal information and determines the purposes and means of the processing of Consumers’ personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers’ personal information, that does business in the State of Washington.
MHMDA refers to the Washington State My Health My Data Act (the “MHMDA”) as amended by the Legislature of the state of Washington Title 19 RCW.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Acticare Health, Inc., 3037 Independence Dr, Ste A, Livermore CA 94551.
Consumer, for the purpose of the MHMDA, means a natural person who is a Washington State resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
Cookies are small files that are placed on Your computer, mobile device, or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Country refers to: California, United States
Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing Internet users to control the tracking of their online activities across websites.
Personal Data is any information that relates to an identified or identifiable individual. For the purposes of the MHMDA, Personal Data means any information that identifies, relates to, describes, or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
Service refers to the Website.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service, or to assist the Company in analyzing how the Service is used.
Usage Data refers to data collected automatically, either generated using the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to ActiCare Health, accessible from https://www.acticarehealth.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

Email address
First name and last name
Phone number
Note Data

Usage Data

Usage Data is not collected automatically when using the Service. We do not use data collection technology on the Service.

Tracking Technologies and Cookies

We do not use Cookies and similar tracking technologies to track the activity of Our Service.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

To provide and maintain our Service, including to monitor the usage of our Service.
To contact You: To contact You by email, telephone calls, or other equivalent forms of electronic regarding a request you submitted from the Contact web page form.
To manage Your requests: To attend and manage Your requests to Us.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place.

Delete Your Personal Data

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.

Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition, or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the Service
Protect the personal safety of Users of the Service or the public
Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

MHMDA Privacy Notice

This privacy notice section for Washington State residents supplements the information contained in Our Privacy Policy and it applies solely to all visitors, users, and others who reside in the State of Washington.

Categories of Personal Information Collected

We do not collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of personal information that we may collect or may have been collected from Washington State residents within the last twelve (12) months.

Please note that the categories and examples provided in the list below are those defined in the MHMDA. This does not mean that we in fact collected all examples of that category of personal information but reflects our good faith belief to the best of Our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if You provided such personal information directly to Us.

Category	Example	Purpose of collection, disclosure and use	Affected Individuals	Disclosed Recipient	Collected
Identifiers	A real name, email address, IP Address telephone number, or other similar identifiers that You submit using the Contact page and web form	Provide you with our Services, hiring information, customer service and support, communicate with you, and comply with the law	Prospective consumers, consumers, website visitors, healthcare providers	Customer Service, IT Services, Human Resources, Law enforcement	Yes
Personal information categories listed in the Washington State Customer Records statute (RCW, Title 42, Chapter 42.56)	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories	Provide you with our Services, hiring information, customer service and support, communicate with you, and comply with the law	Prospective consumers, consumers, website visitors, healthcare providers	Customer Service, IT Services, Human Resources, Law enforcement	No
Protected classification characteristics under Washington State or federal law.	Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information)	Provide you with our Services, hiring information, customer service and support, communicate with you, and comply with the law	Prospective consumers, consumers, website visitors, healthcare providers	Customer Service, IT Services, Human Resources, Law enforcement	No
Commercial information	Records and history of products or services purchased or considered	Provide you with our Services, hiring information, customer service and support, communicate with you, and comply with the law	Prospective consumers, consumers, website visitors, healthcare providers	Customer Service, IT Services, Law enforcement	No
Biometric information	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data	Provide you with our Services, hiring information, customer service and support, communicate with you, and comply with the law	Prospective consumers, consumers, website visitors, healthcare providers	Customer Service, IT Services, Law enforcement	No
Internet or other similar network activity	Interaction with our Service or advertisement	Provide you with our Services, hiring information, customer service and support, communicate with you, and comply with the law	Prospective consumers, consumers, website visitors, healthcare providers	Customer Service, IT Services, Law enforcement	No
HIPAA	A real name, real geographic address, mailing address, email address, telephone number, Fax Number, Social Security Number, Medical Record Number, Health Plan, Beneficiary Number, Account Number, Certificate/License Number, Device identifiers and serial number, Web Universal Resource Locator (URL), Biometric Identifiers, full face photographic image, treatment, and medical payment	Provide you with our Services, customer service and support, communicate with you, and comply with the law	Prospective consumers, consumers, website visitors, healthcare providers	Customer Service, Revenue Cycle, Accounting, Law enforcement	No
Geolocation data	Approximate physical location	Provide you with our Services, hiring information, customer service and support, communicate with you, and comply with the law	Prospective consumers, consumers, website visitors, healthcare providers	Customer Service, IT Services, Law enforcement	No
Professional or employment-related information	Current or past job history provided by You if You upload a resume using the Service	Provide you with our Services, hiring information, customer service and support, communicate with you, and comply with the law	Prospective consumers, consumers, website visitors, healthcare providers	Human Resources, Law enforcement	Yes
Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records	Provide you with our Services, hiring information, customer service and support, communicate with you, and comply with the law	Prospective consumers, consumers, website visitors, healthcare providers	Customer Service, IT Services, Human Resources, Law enforcement	No
Inferences drawn from other personal information	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes	Provide you with our Services, hiring information, customer service and support, communicate with you, and comply with the law	Prospective consumers, consumers, website visitors, healthcare providers	Customer Service, IT Services, Human Resources, Law enforcement	No
Sensitive personal information	Account login and password information, geolocation data	Provide you with our Services, hiring information, customer service and support, communicate with you, and comply with the law	Prospective consumers, consumers, website visitors, healthcare providers	Customer Service, IT Services, Human Resources, Law enforcement	No

Under MHMDA, personal information does not include:

Publicly available information from government records
Information excluded from the MHMDA’s scope, such as:
Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Washington State My Health My Data Act (MYMDA).
Personal Information is covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), and the Gramm-Leach-Bliley Act (GLBA).

Sources of Personal Information

We obtain the categories of personal information listed above from the following categories of sources:

Directly from You. For example, from the forms You complete on our website, and preferences You express or provide through our website.

Use of Personal Information

We may use or disclose personal information We collect for “business purposes” or “commercial purposes” (as defined under the MHMDA), which may include the following examples:

To operate our Service and provide You with Our Service.
To provide You with support and to respond to Your inquiries, including to investigate and addressing Your concerns and monitor and improve our Service.
To fulfill or meet the reason You provided the information. For example, if You share Your contact information to ask a question about our Service, We will use that personal information to respond to Your inquiry.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to You when collecting Your personal information or as otherwise set forth in the MHMDA.
For internal administrative and auditing purposes.
To detect security incidents and protect against malicious, deceptive, fraudulent, or illegal activity, including, when necessary, to prosecute those responsible for such activities.
Other one-time uses to meet or fulfill the reason you provided the information.

Please note that the examples provided above are illustrative and not intended to be exhaustive. For more details on how we use this information, please refer to the “Use of Your Personal Data” section.

If We decide to collect additional categories of personal information or use the personal information We collected for materially different, unrelated, or incompatible purposes We will update this Privacy Policy.

Disclosure of Personal Information

We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of personal information for business or commercial purposes:

No Category Data has been disclosed for commercial purposes.

Please note that the categories listed above are those defined in the ActiCare Health Privacy Policy. This does not mean that all examples of that category of personal information were in fact disclosed but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed.

When We disclose personal information for a business purpose or a commercial purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

Share of Personal Information

We do not and have not shared in the last twelve (12) months, Your personal information identified in the above categories for commercial purposes.

Sale of Personal Information

As defined in the MHMDA, “sell” and “sale” mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s personal information by the Business to a third party for valuable consideration. This means that We may have received some kind of benefit in return for sharing personal information, but not necessarily a monetary benefit.

We do not sell personal information as the term sell is commonly understood.

Please note that the categories listed above are those defined in the ActiCare Health Privacy Policy. This does not mean that all examples of that category of personal information were in fact sold but reflects our good faith belief to the best of Our knowledge that some of that information from the applicable category may be and may have been shared for value in return.

Sale of Personal Information of Minors Under 16 Years of Age

We do not knowingly collect personal information from minors under the age of 16 through our Service, although certain third-party websites that link to acticarehealth.com may do so. These third-party websites have their own terms of use and privacy policies, and We encourage parents and legal guardians to monitor their children’s Internet usage and instruct their children to never provide information on other websites without their permission.

We do not sell the personal information of Consumers We actually know are less than 16 years of age, unless We receive affirmative authorization (the “right to opt-in”) from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age. Consumers who opt-in to the sale of personal information may opt-out of future sales at any time. To exercise the right to opt-out, You (or Your authorized representative) may submit a request to Us by contacting Us by email at privacy@acticarehealth.com

If You have reason to believe that a child under the age of 13 (or 16) has provided Us with personal information, please contact Us with sufficient detail to enable Us to delete that information. Email privacy@acticarehealth.com

Your Rights under the MHMDA

The MHMDA provides Washington State residents with specific rights regarding their personal information. If You are a resident of Washington State, You have the following rights:

The right to notice. You have the right to be notified which categories of Personal Data are being collected, and the purposes for which the Personal Data is being used.
The right to know/access. Under MHMDA, You have the right to request that We disclose information to You about Our collection, use, sale, disclosure for business purposes, and share of personal information. Once We receive and confirm Your request, We will disclose to You:
- The categories of personal information We collected about You
- The categories of sources for the personal information We collected about You
- Our business or commercial purposes for collecting or selling that personal information The categories of third parties with whom We share that personal information
- The specific pieces of personal information We collected about You
- If we sold Your personal information or disclosed Your personal information for a business purpose, We will disclose to You:
  - The categories of personal information categories sold
  - The categories of personal information categories disclosed
The right to say no to the sale or sharing of Personal Data (opt-out). You have the right to direct Us to not sell Your personal information. To submit an opt-out request, please see the “Do Not Sell My Personal Information” section.
The right to correct Personal Data. You have the right to correct or rectify any inaccurate personal information about You that We collected. Once We receive and confirm Your request, We will use commercially reasonable efforts to correct (and direct our Service Providers to correct) Your personal information, unless an exception applies.
The right to limit use and disclosure of sensitive Personal Data. You have the right to request to limit the use or disclosure of certain sensitive personal information We collected about You, unless an exception applies. To submit, please see the “Limit the Use or Disclosure of My Sensitive Personal Information” section.
The right to delete Personal Data. You have the right to request the deletion of Your Personal Data under certain circumstances, subject to certain exceptions. Once We receive and confirm Your request, We will delete (and direct Our Service Providers to delete) Your personal information from our records, unless an exception applies. We may deny Your deletion request if retaining the information is necessary for Us to:
- Complete the transaction for which We collected the personal information, provide a good or service that You requested, take actions reasonably anticipated within the context of our ongoing business relationship with You, or otherwise perform our contract with You.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if You previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on Your relationship with Us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which You provided it.
The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your consumer’s rights.

To exercise your rights under the Washington State My Health My Data Act (MHMDA), contact Us by email at privacy@acticarehealth or by calling 925-583-6285 and request to speak with the ActiCare Compliance Officer.

Exercising Your MHMDA Data Protection Rights

Please see the “Do Not Sell My Personal Information” section and “Limit the Use or Disclosure of My Sensitive Personal Information” section for more information on how to opt out and limit the use of sensitive information collected.

Additionally, to exercise any of Your rights under the MHMDA, and if You are a Washington resident, You can contact Us:

By email: privacy@acticarehealth.com

Only You, or a person registered with the Washington Secretary of State that You authorize to act on Your behalf, may make a verifiable request related to Your personal information.

Your request to Us must:

Provide sufficient information that allows Us to reasonably verify You are the person about whom We collected personal information or an authorized representative
Describe Your request with sufficient detail that allows Us to properly understand, evaluate, and respond to it

We cannot respond to Your request or provide You with the required information if We cannot:

Verify Your identity or authority to make the request
And confirm that the personal information relates to You

We will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.

Any disclosures We provide will only cover the 12 months preceding the verifiable request’s receipt.

For data portability requests, We will select a format to provide Your personal information that is readily usable and should allow You to transmit the information from one entity to another entity without hindrance.

Do Not Sell My Personal Information

We do not sell personal information as the term sell is commonly understood under MHMDA.

Limit the Use or Disclosure of My Sensitive Personal Information

If You are a Washington State resident, You have the right to limit the use and disclosure of Your sensitive personal information to that use which is necessary to perform the services or provide the goods reasonably expected by an average Consumer who requests such services or goods.

We do not collect, use and disclose sensitive personal information in ways that are necessary to provide the Service. For more information on how We use contact us by email at privacy@acticarehealth.com..

“Do Not Track” Policy as Required by Washington State My Health My Data Act (MHMDA)

Our Service does not respond to Do Not Track signals.

However, some third-party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.

Children’s Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.

Links to Other Websites

Our website may contain links to other websites that are not operated by Us. If You click on a third-party link, You will be directed to that third-party’s site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, before the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us by email: privacy@acticarehealth.com