Privacy Policy

We at Cleared Technologies PBC d/b/a (“Cleared,” “we,” “us,” or “our”) have created this privacy policy (this "Privacy Policy") because we know that you care about how information you provide to us is used and shared. This Privacy Policy relates to the information collection and use practices of Cleared in connection with our website located at www.getcleared.com (the "Website"), our telehealth service portal (“Telehealth Portal”) which is made available to you through the Website, and our products that are made available for purchase through our Website (“Products”).

Description of Users and Acceptance of Terms

This Privacy Policy applies to visitors to the Website, who view only publicly-available content and/or purchase Products (“Visitors”), and individuals who have signed up to access and use our Telehealth Portal (“Registered Users”).

By visiting our Website and/or purchasing our Products, Visitors are agreeing to the terms of this Privacy Policy and the accompanying Terms of Use.

By signing up, accessing, and/or using the Telehealth Portal, each Registered User is agreeing to the terms of this Privacy Policy and the accompanying Terms of Use.

Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Use

The information we collect/receive

1. Contact Information

We use sign up to use our Telehealth Portal or contact us through the “Contact Us” feature on our Website, you will be asked to provide us with your contact information, which may include your first name, last name and email address (“Contact Information”). The Contact Information is used to provide the requested service or information and to contact you for purposes of direct marketing of our current and future services.

2. Online Consultation Information

When you sign up to use our Telehealth Portal, you will be asked to complete a questionnaire to provide us with some basic identification information and background health information that relates to your past, present, or future physical or mental health or condition, including but not limited to, current health condition, and medications you take (collectively, “Online Consultation Information”).

3. Other information

In addition to the Contact Information, Order Information, and the Online Consultation Information, we may collect or receive the following information:

• From Your Activity. In an ongoing effort to improve the Website and the Telehealth Portal we automatically collect certain information when you visit the Website and use our Telehealth Portal. This information consists of IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the Website you visit, and similar information concerning your use of the Website and the Telehealth Portal.
• From Cookies. Information that we collect using "cookie" technology. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive so that your computer will "remember" information about your visit. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect Other Information and to enhance your experience using the Website and the Telehealth Portal. If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your Internet browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, the Website and the Telehealth Portal may not function properly.
• Third-Party Analytics. We may use third-party analytics services (such as Google Analytics) to evaluate your use of the Website and the Telehealth Portal, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Website and the Telehealth Portal and mobile and Internet usage. These third parties use cookies and other technologies to help analyze and provide us the data. By accessing and/or using the Website and/or the Telehealth Portal, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. For more information on these third parties, including how to opt out from certain data collection, please visit the sites below. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Website and the Telehealth Portal.
• For Google Analytics, please visit https://www.google.com/analytics

HIPAA PRIVACY

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.

1. Who We Are

This Notice describes the privacy practices of your home healthcare company.

2. Our Privacy Obligations

We are required by law to maintain the privacy of your health information (“Protected Health Information” or “PHI”) and to provide you with this Notice of our legal duties and privacy practices with respect to your Protected Health Information. When we use or disclose your Protected Health Information, we are required to abide by the terms of this Notice (or other notice in effect at the time of the use or disclosure).

3. Permissible Uses and Disclosures Without Your Written Authorization

In certain situations, which we will describe in Section IV below, we must obtain your written authorization in order to use and/or disclose your PHI. However, we do not need any type of authorization from you for the following uses and disclosures).

A. Uses and Disclosures for Treatment, Payment, and Healthcare Operations.

We may use and disclose PHI, but not your “Highly Confidential Information” (defined in Section IV. C below), in order to treat you, obtain payment for equipment and services provided to you and conduct our “healthcare operations” as detailed below:

• Treatment. We use and disclose your PHI to provide treatment and other services to you — for example, to treat your injury or illness. In addition, we may contact you to provide appointment reminders or information about treatment alternatives or other health- related benefits and services that may be of interest to you. We may also disclose PHI to other providers involved in your treatment.
• Payment. We may use and disclose your PHI to obtain payment for equipment and services that we provide to you — for example, disclosures to claim and obtain payment from your health insurer, HMO, or other company that arranges or pays the cost of some or all of your healthcare (“Your Payor”) to verify that Your Payor will pay for healthcare.
• Healthcare Operations. We may use and disclose your PHI for our healthcare operations, which include internal administration and planning and various activities that improve the quality and cost effectiveness of the care that we deliver to you. For example, we may use PHI to evaluate the quality and competence of our respiratory therapists, nurses and other healthcare workers. We may also disclose PHI to your other healthcare providers when such PHI is required for them to treat you, receive payment for services they render to you, or conduct certain healthcare operations, such as quality assessment and improvement activities, reviewing the quality and competence of healthcare professionals, or for healthcare fraud and abuse detection or compliance.

B. Disclosure to Relatives, Close Friends, and Other Caregivers.

We may use or disclose your PHI to a family member, other relative, a close personal friend or any other person identified by you when you are present for, or otherwise available prior to, the disclosure, if we (1) obtain your agreement; (2) provide you with the opportunity to object to the disclosure and you do not object; or (3) reasonably infer that you do not object to the disclosure. If you are not present, or the opportunity to agree or object to a use or disclosure cannot practicably be provided because of your incapacity or an emergency circumstance, we may exercise our professional judgment to determine whether a disclosure is in your best interests. If we disclose information to a family member, other relative or a close personal friend, we would disclose only information that we believe is directly relevant to the public’s involvement with your healthcare or payment related to your healthcare. We may also disclose your PHI in order to notify (or assist in notifying) such persons of your location, general condition or death.

C. Public Health Activities.

We may disclose your PHI for the following public health activities: (1) to report health information to public health authorities for the purpose of preventing or controlling disease, injury or disability; (2) to report child abuse and neglect to public health authorities or other government authorities authorized by law to receive such reports; (3) to report information about products and services under the jurisdiction of the U. S. Food and Drug Administration; (4) to alert a person who may have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading a disease or condition; and (5) to report information to your employer as required under laws addressing work- related illnesses and injuries or workplace medical surveillance.

D. Victims of Abuse, Neglect, or Domestic Violence.

If we reasonably believe you are a victim of abuse, neglect, or domestic violence, we may disclose your PHI to a governmental authority, including a social service or protective services agency, authorized by law to receive reports of such abuse, neglect, or domestic violence.

E. Health Oversight Activities.

We may disclose your PHI to a health oversight agency that oversees the healthcare system and is charged with responsibility for ensuring compliance with the rules of government health programs such as Medicare or Medicaid.

F. Judicial and Administrative Proceedings.

We may disclose your PHI in the course of a judicial or administrative proceeding in response to a legal order or other lawful process.

G. Law Enforcement Officials.

We may disclose your PHI to the police or other law enforcement officials as required or permitted by law or in compliance with a court order or a grand jury or administrative subpoena.

H. Decedents.

We may disclose your PHI to a coroner or medical examiner as authorized by law.

I. Organ and Tissue Procurement.

We may disclose your PHI to organizations that facilitate organ, eye or tissue procurement, banking or transplantation.

J. Research.

We may use or disclose your PHI without your consent or authorization if an Institutional Review Board or Privacy Board approves a waiver of authorization for disclosure.

K. Health or Safety.

We may use or disclose your PHI to prevent or lessen a serious and imminent threat to a person’s or the public’s health or safety.

L. Specialized Government Functions.

We may use and disclose your PHI to units of the government with special functions, such as the U. S. military or the U. S. Department of State under certain circumstances.

M. Workers’ Compensation.

We may disclose your PHI as authorized by and to the extent necessary to comply with state law relating to workers’ compensation or other similar programs.

N. As Required by Law.

We may use and disclose your PHI when required to do so by any other law not already referred to in the preceding categories.

4. Uses and Disclosures Requiring Your Written Authorization

A. Use or Disclosure with Your Authorization.

For any purpose other than the ones described above in Section III, we only may use or disclose your PHI when you grant us your written authorization (“Your Authorization”). For instance, you will need to execute an authorization before we can send your PHI to your life insurance company or to the attorney representing the other party in litigation in which you are involved.

B. Marketing.

We must also obtain your written authorization (“Your Marketing Authorization”) prior to using your PHI to send you any marketing materials. (We can, however, provide you with marketing materials in a face-to-face encounter without obtaining Your Marketing Authorization. We are also permitted to give you a promotional gift of nominal value, if we so choose, without obtaining Your Marketing Authorization.) In addition, we may communicate with you about products or services relating to your treatment, case management or care coordination, or alternative treatments, therapies, providers or care settings without Your Marketing Authorization.

C. Uses and Disclosures of Your Highly Confidential Information.

In addition, federal and state law require special privacy protections for certain highly confidential information about you (“Highly Confidential Information”). We will comply with such special privacy protections which may cover the subset of your PHI that: (1) is maintained in psychotherapy notes; (2) is about mental health and developmental disabilities services; (3) is about alcohol and drug abuse prevention, treatment and referral; (4) is about HIV/ AIDS testing, diagnosis or treatment; (5) is about venereal disease(s); (6) is about genetic testing; (7) is about child abuse and neglect; (8) is about domestic abuse of an adult with a disability; (9) is about sexual assault; or (10) is about abortion.

5. Your Rights Regarding Your Protected Health Information

A. For Further Information; Complaints.

If you desire further information about your privacy rights, are concerned that we have violated your privacy rights or disagree with a decision that we made about access to your PHI, you may contact our Physician and Patient Relations Department. You may also file written complaints with the Director, Office for Civil Rights of the U.S. Department of Health and Human Services. Upon request, the Physician and Patient Relations Department will provide you with the correct address for the Director. We will not retaliate against you if you file a complaint with us or the Director.

B. Right to Request Restrictions.

You may request restrictions on our use and disclosure of your PHI (1) for treatment, payment and healthcare operations; (2) to individuals (such as a family member, other relative, close personal friend or any other person identified by you) involved with your care or with payment related to your care; or (3) to notify or assist in the notification of such individuals regarding your location and general condition. While we will consider all requests for restrictions carefully, we are not required to agree to a requested restriction, except that in certain instances we must agree to a restriction relating to a disclosure to a health plan for the purposes of carrying out payment or healthcare operations in which the PHI pertains solely to a healthcare item or service for which the healthcare provider involved has already been paid out of pocket in full. If you wish to request restrictions, please submit a written request to our Physician and Patient Relations Department. A form to request restrictions is available upon request from the Physician and Patient Relations Department.

C. Right to Receive Confidential Communications.

You may request, and we will accommodate, any reasonable written request for you to receive your PHI by alternative means of communication or at alternative locations.

D. Right to Revoke Your Authorization.

You may revoke Your Authorization, Your Marketing Authorization or any written authorization obtained in connection with your Highly Confidential Information, except to the extent that we have taken action in reliance upon it, by delivering a written revocation statement to the Physician and Patient Relations Department identified below. A form of written revocation is available upon request from the Physician and Patient Relations Department.

E. Right to Inspect and Copy Your Health Information.

You may request access to your medical record file and billing records maintained by us in order to inspect and request copies of the records. Under limited circumstances, we may deny you access to a portion of your records. If you desire access to your records, please submit a written request to the Physician and Patient Relations Department. You may obtain a record request form from the Physician and Patient Relations Department and submit the completed form to the Physician and Patient Relations Department. Requests for a copy of a limited amount of your medical or billing records (e.g., a prescription) maintained by us on-site may be made orally to our local facility. We may, however, require that you submit a written request to the Physician and Patient Relations Department.

F. Right to Amend Your Records.

You have the right to request that we amend Protected Health Information maintained in your medical record file or billing records. If you desire to amend your records, please send a written request for the amendment, including the reason for the amendment, to the Physician and Patient Relations Department. You may obtain a form to request an amendment from the Physician and Patient Relations Department. We will comply with your request unless we believe that the information that would be amended is accurate and complete or other special circumstances apply.

G. Right to Receive an Accounting of Disclosures.

Upon request, you may obtain an accounting of certain disclosures of your PHI made by us during any period of time prior to the date of your request provided such period does not exceed six years and does not apply to disclosures that occurred prior to April 14, 2003.

H. Right to Receive Paper Copy of This Notice.

Upon request, you may obtain a paper copy of this Notice, even if you have agreed to receive such notice electronically.

6. NOTICE TO CALIFORNIA RESIDENTS

If you are a California resident, certain Personal Information that we collect about you is subject to the California Consumer Privacy Act (CCPA).

Please note that the CCPA does not apply to, among other things,

• Information that is lawfully made available from federal, state, or local government records;
• Consumer information that is deidentified or aggregated;
• Medical information governed by the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 46) of Division 1) (CMIA) or protected health information that is collected by a covered entity or business associate governed by the privacy, security, and breach notification rules issued by the United States Department of Health and Human Services (HHS), Parts 160 and 164 of Title 45 of the Code of Federal Regulations, established pursuant to the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act (Public Law 111-5); or
• A provider of health care governed by the CMIA or a covered entity governed by the privacy, security, and breach notification rules issued by HHS, established pursuant to HIPAA, to the extent the provider or covered entity maintains patient information in the same manner as medical information or protected health information under CMIA/HIPAA/HITECH Act.

Collection of Personal Information in the Preceding 12 Months

We collect Personal Information as defined by the CCPA, which is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information does not include de-identified or aggregate information; publicly-available information that is lawfully made available from federal, state, or local government records; and information covered by certain sector-specific privacy laws.

Cleared has collected the following categories of Personal Information about consumers in the 12 months preceding the date this Privacy Policy was last modified:

• Identifiers, Internet Protocol (IP) address, online identifier, device identifier.

We may collect your name, email address, date of birth, phone number, and address only if you provided it to us via form on the website or during an incomplete or failed registration.

• Commercial information, business contact information if you have provided it to us via a form (such to register for services, obtain more information, request a demo, request an RFP) on the website, including name, company name, physical address, email address, telephone, and fax number; information on actions taken on our Sites, which may include information about Sites considered and information about preferences and behavior that we collect on our Sites or purchase from third parties in order to target consumers for digital advertisements or to personalize content we deliver on our Sites.

• Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with the Sites, applications, or advertisements.

Cleared collects Personal Information from the following categories of sources:

• Directly and indirectly from you, including through your interaction with the Sites
• Social media platforms
• Third party partners such as analytics or marketing providers
• Automatically through tracking technologies.

Use of Personal Information:

We do not sell your Personal Information and have not done so in the prior 12 months from the effective date of this Policy. We may use or disclose the personal information we collect for our business purposes.

Disclosure of Personal Information in the Preceding 12 Months

In the 12 months preceding the date of this Privacy Policy, Cleared has shared Personal Information with the following categories of third parties and has disclosed the following categories of Personal Information for a business purpose, for commercial purpose, to comply law, in the context of a transaction, or for other business reasons:

If you are a California resident, and in accordance with the CCPA, you have the right to:

• Request to know and access the Personal Information we collect, use, and disclose;
• Request deletion of Personal Information;
• Opt-out of the sale of Personal Information; and
• Not receive discriminatory treatment by Cleared for exercising these rights.

Requests to Know and Access

You have the right to request that we disclose to you the following information:

• Categories of Personal Information that Cleared has collected about you, disclosed about you for a business purpose, or sold;
• Categories of sources from which the Personal Information is collected;
• Categories of third parties with whom Cleared shares or to whom Cleared sells Personal Information;
• The business or commercial purpose for collecting and selling Personal Information; and
• Specific pieces of Personal Information that Cleared has collected about you.

Instructions for submitting a verifiable request are provided below.

You may only make a request for access twice within a 12-month period.

Requests to Delete

You have the right to request that we delete Personal Information about you that we have collected, subject to certain exceptions.

Instructions for submitting a verifiable request are provided below.

Requests to not sell your Personal Information

Cleared does not sell your Personal Information.

During the past 12 months, we may have engaged in delivering online advertising that was tailored to your interests through the use of analytics and/or targeting cookies. We did not disclose data that would identify you by name, address, or phone number. Going forward, and before using analytics and/or targeting cookies, the Sites will deploy a banner seeking your consent, or opt-in, to the use of such cookies.

How to Exercise Your Rights

You may submit Requests to Know or Access and Requests to Delete in the following ways:

By submitting a written request to:

Privacy Officer: Cleared Technologies PBC, 29 Little W 12th St, New York, NY 10014

By sending an email to: info@getcleared.com

By calling our toll-free number: 1(800) 353-4590

As required under applicable law, we must take steps to verify your request before we can provide Personal Information to you, delete Personal Information, or otherwise process your request. To verify your request, we may require you to provide your name, physical address, email address, contact information, and information about your account or previous transactions with us. If you have only visited our public Sites and did not provide any Personal Information to us via a web form or through the registration process, we will need you to provide us with your IP address or device ID in order for us to determine if we have that information. We will not be able to determine if we have your IP address or device ID from your name, physical address, email address, contact information, or account information.

We will further verify and respond to your request consistent with applicable law, taking into account the type and sensitivity of the Personal Information subject to the request. We may need to request additional Personal Information from you, such as your date of birth or government identifier, in order to protect against fraudulent requests.

We will deliver Personal Information that we are required by law to disclose to you in the manner required by law within 45 days after receipt of a verifiable request, unless we notify you that we require additional time to respond, in which case we will respond within such additional period of time required by law. We may deliver the Personal Information to you electronically or by mail at your option. If electronically, then we will deliver the information in a portable and, to the extent technically feasible, in a readily useable format that allows you to transmit the information from one entity to another without hindrance.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may designate an authorized agent to request any of the above rights on your behalf. You may make such a designation by providing the agent with written permission, signed by you, to act on your behalf. Your agent may contact us by the information provided in the "How to Contact Us" section below to make a request on your behalf. Even if you choose to use an agent, we may, as permitted by law, require verification of the agent's authorization to act on your behalf, require you to confirm you have authorized the agent to act on your behalf, or require you to verify your own identity.

Right to Nondiscrimination

You have the right to be free from discriminatory treatment for exercising the privacy rights conferred by the CCPA, including not being: denied goods or services; charged different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; provided a different level or quality of goods or services; or suggested that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

7. Effective Date and Duration of This Notice

A. Effective Date.

This Notice is effective as of January 14, 2021.

B. Right to Change Terms of This Notice.

We reserve the right to, meaning we may, change the terms of this Notice at any time. If we change this Notice, we may make the new notice terms effective for all Protected Health Information that we maintain, including any information created or received prior to issuing the new notice. If we change this Notice, we will post the new notice in waiting areas at our facility and on our Internet site. You also may obtain any new notice by contacting the Physician and Patient Relations Department.