Terms of Service
Last Revised: 8/11/2023
Terms of Service
IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911.
NOTICE OF ARBITRATION: YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND Optimized Health OR PROVIDERS RELATED TO OR ARISING OUT OF THESE Terms of Service OR THE SERVICES SHALL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR TO PARTICIPATE IN A CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW.
Optimized Health’s Site and Services are not for medical emergencies or urgent situations. Do not disregard or delay seeking medical advice based on anything that appears or does not appear on the Site. You should continue to consult with your primary provider and other healthcare professionals as recommended. You agree to seek the advice of a physician or other qualified healthcare provider with questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification. THE SERVICE IS NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS NOR TO BE A SUBSTITUTE FOR PRIMARY CARE.
These Terms of Service govern your use of the online platforms, properties, mobile and web apps, and interfaces owned and controlled by Optimized Health, LLC, including www.levers.health (the “Site”), as well as the healthcare management or administration services (“Services”) available to you via the Site. Optimized Health, LLC. (“Optimized Health”, “Levers.Health”, “we,” “us,” and “our”) Professional medical services and the non-clinical services are collectively referred to in this Terms of Service as the “Services.” The terms “you” and “your” shall mean you, your dependent(s), if any, and any other person using or accessing your digital Optimized Health Account or the Services on your behalf.
You understand and acknowledge that Optimized Health, LLC provides managerial and administrative services to their providers. The care provided by Optimized Health LLC is the sole responsibility of the Providers Optimized Health LLC employs or contracts with. You fully understand that medical care provided by Optimized Health LLC shall be completely separate and apart from any care you may receive by any other practice or medical group. This document has been reviewed and approved by the entities listed above.
The Site located at www.levers.health and the are owned and operated by Optimized Health. All pages and materials (unless otherwise indicated) within this Site are the property of Optimized Health, or its licensors or suppliers, as applicable. The Site is protected by US and international copyright and trademark laws. All rights not expressly granted to you in these Terms of Service are reserved and retained by Optimized Health. These Terms of Service permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site except as permitted by these Terms of Service. You must not access or use for any commercial purposes any part of the Site or Services or materials available through the Site. You agree not to misuse the Site or Services and agree that you shall only use the Site and Services only as permitted by law.
Orders that are provided by third party pharmacies are not returnable, except in cases of damage or loss. This includes all compounded pharmacy products once the order has been placed with a pharmacy.
In the event of damage or loss, please email email@example.com and your inquiry and refund will be addressed promptly. If a replacement is appropriate, a replacement order will be shipped to you at no additional expense.
If you would like to process a refund after submitting an order but before it has been processed with the pharmacy (typically within 1 day), please contact us at firstname.lastname@example.org or 866-788-9425 and we will issue a refund.
Medical Advice & Medical Care Understanding and Acknowledgment
By using the Site, you acknowledge and agree that Optimized Health is not a healthcare provider and that by using the Services, you are not entering into a doctor-patient or other health care provider-patient relationship with Optimized Health, but that of their individual Providers. Clinical services are delivered to clients by Optimized Health LLC Providers. Optimized Health LLC contracts and/or employs Providers.
Any information or advice received from a Provider comes from the Provider alone, and does not come from Optimized Health. Interactions with Providers are not intended to, and shall not, replace your relationships with your other healthcare practitioners or your primary care physician.
Neither Optimized Health, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service, shall be liable for any professional advice provided by a Provider, nor any information obtained on the Site. You agree that any reliance on any Provider or information delivered by a Provider is solely at your own risk and you assume full responsibility for all risks associated therewith.
You agree to diligently seek the advice of your qualified health care professionals with any questions or concerns regarding your medical conditions and any individual needs related thereto. Optimized Health does not make any representations or warranties about the training or skill of any Providers who deliver clinical services. You agree that you are ultimately and fully responsible for choosing your particular healthcare provider. You agree that the content of the Site and the Services, including any social media or email publications containing the Levers name, including without limitation, illustrations, copy, video, text, audio, photographs, graphics and other visuals, is for informational purposes only and DOES NOT constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Optimized Health. You acknowledge and agree that any information provided by Optimized Health on the Site is for general informational purposes only and does not create a provider-patient relationship as defined by state or federal law. Only by applying for services is a provider-patient relationship established. The doctor-patient relationship is between you and the Optimized Health LLC Provider.
You understand that if you receive medical care from a Provider, the risks and benefits of treatment will be explained to you and you will have the opportunity to ask the Provider questions about such risks and benefits of treatment and anything else you do not understand about the treatment. You acknowledge that all communication with your provider may be asynchronous via our messaging system.
You acknowledge and agree that Optimized Health LLC and/or Providers may send you messages, reports, and emails regarding your diagnosis and/or treatment. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that Optimized Health LLC nor any Provider will be responsible in any way and you will not hold Optimized Health nor any Provider liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to messages or for your failure to comply with any treatment recommendations or instructions from Optimized Health or your Providers.
Financial Responsibility & Prescriptions
You understand and acknowledge that Optimized Health is not enrolled with or a participating provider with any federal or state healthcare programs (i.e., Medicare, Medicaid) for the provision of any healthcare services or supplies. You understand that neither you nor Optimized Health LLC shall receive any payments from such federal or state healthcare programs for the Services or products provided to you by Optimized Health. By choosing to use the Services, you are explicitly choosing to obtain Services and products on a cash-only basis outside of any federal or state healthcare program. Therefore, you are fully and solely responsible for all costs of any Service or product provided to you. You acknowledge and agree that (i) neither you, Optimized Health LLC, nor the Providers will submit any claims for reimbursement to any federal or state healthcare program for the costs of the Services and (ii) you are explicitly choosing to obtain products and services on a cash-only basis outside of any federal or state healthcare program and you have sole financial responsibility for all Services.
Certain Services require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed the required steps, the Provider has determined the prescription is appropriate for you, and the Provider has written a prescription. If a Provider determines a prescription is appropriate for you and writes a prescription, the prescription will be shipped directly to you at your chosen location.
Payments, Recurring Payments, and Subscriptions
You understand by providing your payment information on the Site you authorize Optimized Health to charge or facilitate the charge of such payment information, including for automatic recurring payments, for all items and/or Services. Certain Services are offered on a subscription basis. For subscription-based Services, your chosen payment method will be charged at regular intervals automatically as described for that Service. You understand that when joining or signing up for subscription-based services, you agree to be bound to at least a three-month subscription. If you cancel your subscription and/or terminate the payment method (and do not replace the payment method) for such subscription, you agree that you are responsible and obligated to pay for the remainder of the payments for such three-month subscription. Subject to the foregoing sentence, you may cancel a subscription at any time up to forty-eight (48) hours before the applicable monthly processing date of your subscription by emailing email@example.com. You understand that the cost of Services, including medications, are final and not refundable (except as otherwise set forth herein). You understand you will not receive refunds for any treatments or medications, including unused or unopened treatments and medications, unless otherwise set forth herein. You agree that Optimized Health may store any payment information that you provide for the purposes of recurring payments that you have chosen to participate in as part of any membership or subscription programs or plans.
If you are delinquent on any payments, Optimized Health reserves the right to discontinue Services. Optimized Health may use third-party services for the purpose of facilitating payment and the completion of the purchases for Services rendered by Optimized Health LLC in conjunction with use of the Site or the Services. By submitting your payment information, you grant Optimized Health the right to provide information to these third parties.
You represent and warrant that (i) any payment information you supply is accurate, true, and complete, (ii) any charges incurred for Services will be honored by your credit/debit card company or bank, (iii) you will pay all charges incurred by you including applicable taxes, and (iv) the payment card is in your name and you are authorized to use such card for purchases.
INSURANCE NOT ACCEPTED; YOUR RESPONSIBILITY FOR PAYMENT
I understand and acknowledge that Optimized Health from whom I receive care and the pharmacies that receive prescriptions from such Optimized Health per the Platform, are not paid or reimbursed by managed care plans, Medicare, Medicaid or other government health care programs, or other third-party payors. Optimized Health does not accept insurance for such services or insurance of any type. Except as otherwise explicitly stated herein, I will be billed directly and shall be personally responsible for payment.
You represent and warrant that you are at least 18 years old. You agree to fully, accurately, and truthfully create your Optimized Health Account, including without limitation with respect to the following information: name, address, phone, email, and password, which become your “Optimized Health Login Information.” You will not allow anyone else to use your Optimized Health Login Information and agree to notify Optimized Health immediately of any actual or suspected unauthorized use of your Optimized Health Login Information. You agree that your access to the Site may be revoked at any time with or without cause at Optimized Health’s sole and absolute discretion. The Optimized Health Login Information is personal to you, and you are responsible for maintaining the confidentiality of your Optimized Health Login Information, and for all activities that occur under or with such Optimized Health Login Information.
You agree that you will not breach or attempt to breach security pertaining to the Site in any way.
CURRENTLY OPTIMIZED HEALTH LLC ONLY OPERATES IN ARIZONA AND SHIPS TO ARIZONA. WE CANNOT PROVIDE MEDICAL SERVICES OUTSIDE OF ARIZONA. You understand that Optimized Health operates subject to state and federal laws, and the Services may not be available in the state in which you are located. You hereby represent that you are not barred by any law from enrolling for and/or receiving the Services. Use of the Services is limited exclusively to users located in those certain States within the United States where the Services are available. Services are available only for users located inside the United States. You agree not to access the Site or use the Services in places where the Site or Services is not allowable by law.
Limitation of Liability
EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:
Optimized Health SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE PROVIDERS.
YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL Optimized Health LLC, THE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.
Optimized Health makes no representations, warranties or guarantees as to the correctness or accuracy of the Site, Service descriptions, or other content on the Site. Information contained on the Site may be changed or updated without notice. Additionally, you agree that Optimized Health has no responsibility or liability for information or content posted to the Site by any third party. Optimized Health reserves the right to change any functionality or feature of the Site or the Services at its sole discretion. Optimized Health is not responsible for the internet or data bandwidth and signal of your mobile device.
Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our Site. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported as identified below. If you believe in good faith that materials appearing on the Site infringe your copyright, please send us a notice requesting that the material be removed, or access to it blocked. You may deliver the notice to email:
Part of Optimized Health LLC
7067 East Dale Lane
Scottsdale, AZ 85266
With the exception of your electronic medical records, Optimized Health as applicable, retains all right, title, and interest in and to the Site, the Services and any information, documentation, software, or other materials on the Site, and any intellectual property, or proprietary right in any of the foregoing, except for information on the Site licensed by Optimized Health (in such case, the license provider retains all right, title, and interest therein). Unless otherwise approved in writing by Optimized Health, use, reproduction, copying, or redistribution of Optimized Health or Levers.Health trademarks, service marks, and logos is strictly prohibited. Use, reproduction, copying, or redistribution of third party trademarks, service marks, and logos posted on the Site is strictly prohibited.
All Warranties Disclaimed
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Optimized Health AND THE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION.
Optimized Health AND Optimized Health LLC DO NOT GUARANTEE THAT THROUGH USE OF THE SERVICES ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU. Optimized Health DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM ACCESS TO HEALTH CARE MADE AVAILABLE THROUGH THE SERVICES, INCLUDING ANY INJURY OR DAMAGE TO ANY PROPERTY OR PERSON FOR ANY REASON, INCLUDING AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING FAILURE TO COMPLY WITH ANY MEDICAL ADVICE OR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO PRESCRIPTIONS OBTAINED THROUGH THE SERVICES.
Optimized Health LLC PROVIDERS SHALL USE THEIR INDEPENDENT MEDICAL JUDGMENT AND DISCRETION. YOU ACKNOWLEDGE AND UNDERSTAND AND AGREE THAT THE USE OR MISUSE OF ANY PRESCRIPTIONS OBTAINED AS A RESULT OF THE USE OF THE SERVICES MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES.
BY USE OF THE SITE, YOU HEREBY ASSUME ABSOLUTE RESPONSIBILITY AND RISK FOR YOUR USE THEREOF, INCLUDING ALL SITE-RELATED SERVICES, AND LINKED WEBSITES.
WARRANTIES RELATING TO SERVICES OFFERED AND SOLD BY OPTIMIZED HEALTH MAY BE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY OTHER THIRD PARTIES IN CONNECTION WITH THE SERVICES.
To the extent that Optimized Health may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Optimized Health liability will be the minimum permitted under such applicable law.
You agree not to provide any user information that (i) is untrue, false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, or (ii) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity.
You agree not to: (i) use the Site or Services to violate any local, state, national or international law; (ii) post or transmit information in which you impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iii) reverse engineer, disassemble, decompile, or translate any software or other components of the Site or Services; (iv) distribute viruses or other harmful computer code through the Site; or (v) otherwise use the Services or Site in any manner that exceeds the scope of use by these Terms of Service.
Arbitration; Waiver of Class Actions
ANY DISPUTE ARISING UNDER OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE, THE SITE, OR THE SERVICES WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION IN ARIZONA, UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, EXCEPT THAT EITHER PARTY MAY BRING A CLAIM RELATED TO INTELLECTUAL PROPERTY RIGHTS, OR SEEK TEMPORARY AND PRELIMINARY SPECIFIC PERFORMANCE AND INJUNCTIVE RELIEF, IN ANY COURT OF COMPETENT JURISDICTION, WITHOUT THE POSTING OF BOND OR OTHER SECURITY. ALL CLAIMS, WHETHER IN ARBITRATION OR OTHERWISE, MUST BE BROUGHT SOLELY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR COLLECTIVE PROCEEDING.
No Third Party Rights
Unless otherwise explicitly stated, nothing herein is intended to confer any rights or remedies on any persons other than you, Optimized Health LLC, and their affiliates. Nothing in the Terms of Service shall relieve or discharge any obligation or liability of any third party or third persons to you, Optimized Health LLC, and its affiliates. No provision hereof shall give any third party or third person any right of subrogation or action against you, Optimized Health LLC, or its affiliates.
It is a violation of these Terms of Service and explicitly prohibited to access the Site and Services from jurisdictions where the contents of the Site or the Services are unlawful or subject to penalty. This Site and the Services are owned and operated in Arizona. Any party that accesses the Site or the Services from outside Arizona choose to do so of their own volition and is fully responsible for compliance with all applicable local laws. All parts of these Terms of Service shall apply to the maximum extent permitted by law. Any lack of enforcement of a provision of these Terms of Service does not constitute a waiver thereof. All parties agree that if a portion of these Terms of Service cannot be enforced as drafted, then such portion will be replaced with terms that match the intent of the unenforceable portion, to the maximum extent permitted by law. Except as otherwise provided in these Terms of Service, the invalidity of any portion of these Terms of Service shall not affect the validity and enforceability of the other portions. Section headings are for convenience only and do not have any force or effect.
The parties agree to the personal and subject matter jurisdiction and venue of the courts located in Arizona for any action related to these Terms of Service.
Optimized Health, in its sole and exclusive discretion, reserves the absolute right to suspend or cancel your access to all or part of the Site or the non-clinical Services. Any use of the Site or the Services shall be deemed an acceptance of the most recent version posted of the Terms of Service. You agree to review the Terms of Service each time you access the Site so that you may be aware of any changes to these Terms.
If a governing authority holds portions of these Terms of Service unenforceable, then such unenforceable provisions shall be modified by the minimum amount necessary so that these Terms of Service shall otherwise remain in full force and effect. These Terms of Service constitute the entire agreement between Optimized Health and you pertaining to the subject matter hereof. Be advised that certain provisions of these Terms of Service may be superseded by certain legal notices or terms located on particular pages or sections of the Site, within the Services, or within other agreements between you and Optimized Health LLC.
Copyright 2023 Optimized Health, LLC All rights reserved. All trademarks, logos, and service marks displayed on the Site are the property of Optimized Health or third parties.
Please read this Privacy Notice carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this Privacy Notice. This Privacy Notice may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check this Privacy Notice periodically for updates.
1. Limitations on Use by Minors
Our Service is intended for use by individuals who are at least eighteen (18) years of age or such older age as may be required by applicable state laws in the jurisdiction in which an individual utilizes the Service. By using this website you agree that you are at least eighteen (18) years of age. The Service is not designed or intended to attract, and is not directed to, children under eighteen (18) years of age. If we obtain actual knowledge that we have collected personal information through the Platform from a person under eighteen (18) years of age, we will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form.
Please note that we are not required to erase or otherwise eliminate, or enable erasure or elimination of such content or information in certain circumstances, such as, for example, when an international, federal, state, or local law, rule or regulation requires Optimized Health to maintain the content or information; when Optimized Health maintains the content or information on behalf of your Providers (as defined in our Terms of Service) as part of your electronic medical record; when the content or information is stored on or posted to the Site by a third party other than you (including any content or information posted by you that was stored, republished or reposted by the third party); when Optimized Health anonymizes the content or information, so that you cannot be individually identified; when you do not follow the aforementioned instructions for requesting the removal of the content or information; and when you have received compensation or other consideration for providing the content or information.
The foregoing is a description of Optimized Health’ voluntary practices concerning the collection of personal information through the Service from certain minors and is not intended to be an admission that Optimized Health is subject to the Children’s Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.
2. Protected Health Information
When you set up an account with Optimized Health, you are creating a direct customer relationship with Optimized Health that enables you to access and/or utilize the various functions of the Platform and the Service as a user. As part of that relationship, you provide information to Optimized Health, including but not limited to, your name, email address, shipping address, phone number and certain transactional information, that we do not consider to be “protected health information” or “medical information”.
The Medical Groups and Providers have adopted a Notice of Privacy Practices that describes how they use and disclose Protected Information. By accessing or using any part of the Service, you are acknowledging receipt of the Notice of Privacy Practices from your Medical Group and Provider(s).
3. Collection of Information
We collect any information you provide when you use the Service, including, but not limited to:
- Personally identifying information such as your name and contact data such as your e-mail address, phone number, and billing and physical addresses
- Your login and password and other account (“Account“) registration details
- Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, or requesting further services.
- Records and copies of your correspondence (including email addresses), if you contact us;
- Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
- Demographic data (such as your gender, date of birth and zip code)
- Computer, mobile device and/or browser information (e.g., IP address, mobile device ID information, operating system, connection speed, bandwidth, browser type, referring/exist web pages, web page requests, cookie information, hardware attributes, software attributes)
- Third-party website, network, platform, server and/or application information (e.g., Facebook, Twitter, Instagram)
- Usage activity concerning your interactions with the Service and/or third-party websites, networks or applications accessed through the Service (e.g., viewing habits, viewing preferences, viewing history, number of clicks on a page or feature, amount of time spent on a page or feature, identify of third-party websites, networks, etc.)
- Billing, payment and shipping information
- Electronic signature
- Any other information you provide when you contact or communicate with us
If you use your mobile device to visit, access or use the Service, then additional categories of information that we collect may include
- Your name associated with your mobile device
- Your telephone number associated with your mobile device
- Your geolocation
- Your mobile device ID information
We also collect certain medical information on behalf of the Medical Groups and your Providers, which may include, but is not limited to:
- Health and medical data you submit for diagnosis or treatment purposes, including information in any questionnaires or surveys you complete for these purposes
- Date of visit
- Images or videos you share for diagnosis or treatment purposes
- Communications with Providers
We may also receive information about you from our partners. For example, as part of our identity verification process, our vendor may send us information they have independently collected, such as your name, age, and estimated location. Our marketing partners may also send us information about you, even if you have not visited or registered on our site.
Optimized Health does not collect or create biometric information about you. To use some of our services, however, we may be required to verify your identity. If you are asked to submit proof of identity (such as a driver’s license or passport) we may share that and the selfie you shared with us with our identity verification partner, who may create biometric information about your face in order to verify that your selfie matches your proof of identity. Biometric information is not shared with Optimized Health and is deleted by our identity verification partner after completing the identity verification. Optimized Health may receive information extracted from your photos, such as information from your driver’s license and the confidence that there is a “match” between your two photos. We use this information to help verify your identity.
4. How Information Is Collected
Optimized Health might collect personal and non-personal information directly from you when you visit, access or use the Service; when you register with or subscribe to the Service or any products or services available through the Service; when you “sign in,” “log in,” or the like to the Service; when you allow the Service to access, upload, download, import or export content found on or through, or to otherwise interact with, your computer or mobile device (or any other device you may use to visit, access or use the Service) or online accounts with third-party websites, networks, platforms, servers or applications (e.g., your online social media accounts, your cloud drives and servers, your mobile device service provider); or whenever Optimized Health asks you for such information, such as, for example, when you process a payment through the Service, or when you answer an online survey or questionnaire. In addition, if you or a third party sends Optimized Health a comment, message or other communication (such as, by way of example only, email, chat, letter, fax, phone call, or voice message) about you or your activities on or through the Site and/or the App, then Optimized Health may collect any personal or non-personal information provided therein or therewith.
In addition to the information we collect directly from you, we may also collect certain information from the Medical Group and/or Providers who provide treatment or other services to you in connection with our Service. This information may include, but is not limited to, diagnoses, treatment plans (including prescription details) and notes, and is accessible and visible through certain components of the Service.
We may also receive information from third parties that pay for your care or provide you with treatment, laboratory care or prescription medication, which may include, for example, your prescription history and laboratory test results.
We also may receive personal information about you from our service providers who assist us with identity verification in connection with our Services, which may include information parsed from your driver’s license or passport, your estimated location, your address and how long you have lived there, and your contact information.
Finally, Optimized Health might use various tracking, data aggregation and/or data analysis technologies, including, for example, the following:
- Cookies, which are small data files (e.g., text files) stored on the browser or device you use to view a website or message. They may help store user preferences and activity and may allow a website to recognize a particular browser or device. There are several types of cookies, including, for example, browser cookies, session cookies, and persistent cookies. Cookies may record information you access on one page of a website to simplify subsequent interaction with that website, or to help streamline your transactions on related pages of that website. Most major browsers are set up so that they will initially accept cookies, but you might be able to adjust your browser’s or device’s preferences to issue you an alert when a cookie is downloaded, or to block, reject, disable, delete or manage the use of some or all cookies on your browser or device. Cookies can be set by the website owner (i.e., us), or they can be set by third parties (e.g., Facebook, Google, etc.) Cookies are used to help us speed up your future activities or to improve your experience by remembering the information that you have already provided to us. Third party cookies may also be used to enable analytics (e.g. Google Analytics) or advertising functionality (e.g., ad re-targeting on third-party websites) that enables more customized services and advertising by tracking your interaction with our Service and collecting information about how you use the Service.
- Flash cookies, which are cookies written using Adobe Flash, and which may be permanently stored on your device. Like regular cookies, Flash cookies may help store user preferences and activity, and may allow a website to recognize a particular browser or device. Flash cookies are not managed by the same browser settings that are used for regular cookies.
- Web beacons, which are pieces of code embedded in a website or email to monitor your activity on the website or your opening of the email, and which can pass along information such as the IP address of the computer or device you use to view the website or open the email, the URL page on which the web beacon is located, the type of browser that was used to access the website, and previously set cookie values. Web beacons are sometimes used to collect advertising data, such as counting page views, promotion views or advertising responses. Disabling your computer’s, device’s or browser’s cookies may prevent some web beacons from tracking or recording certain information about your activities.
- Scripts, which are pieces of code embedded in a website to define how the website behaves in response to certain key or click requests sent by the user. Scripts are sometimes used to collect information about the user’s interactions with the website, such as the links the user clicks on. Scripts are often times temporarily downloaded to the user’s computer or device from the website server, active only while the user is connected to the Site and/or the App, and deactivated or deleted when the user disconnects from the website.
- Analytic tools and services, which are sometimes offered by third parties, and which track, measure and/or generate information about a website’s or program’s traffic, sales, audience and similar information, and which may be used for various reasons, such as, for example, statistical research, marketing research, and content ratings research, and conversion tracking. Examples of the analytic tools and services which Optimized Health might use include Google Analytics. Optimized Health may also use other third-party analytic tools and services.
Please be advised that if you choose to block, reject, disable, delete or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies, then certain areas of the Platform might not function properly.
By visiting, accessing or using the Service, you acknowledge and agree in each instance that you are giving Optimized Health permission to monitor or otherwise track your activities on the Service, and that Optimized Health may use the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies. Notwithstanding the foregoing, Optimized Health does not permit third parties or third-party cookies to access to any communications you have with the Providers, or medical information that you submit to the Providers for diagnosis and treatment purposes.
5. Use of Information
In connection with providing the Service, we and our affiliates and service providers may use your information, subject to the limitations addressed in the Protected Health Information Section above, for a number of purposes, including, but not limited to:
- Verifying your identity;
- Confirming your location;
- Administering your account;
- Fulfilling your requests;
- Processing your payments;
- Facilitating your movement through the Service;
- Facilitating your use of the Service and/or products or services offered through the Service;
- Communicating with you by letter, chat, email, text, telephone or other forms of communication, including on behalf of your Provider(s) to facilitate medical services;
- Providing you with information about Optimized Health, the Labs, the Pharmacies, the Medical Groups, the Providers and/or their businesses, products and services by letter, email, text, telephone or other forms of communication;
- Providing you with customer support;
- Providing you with information about third-party businesses, products and services by letter, email, text, telephone or other forms of communication;
- Developing, testing or improving the Service and content, features and/or products or services offered via the Service;
- Identifying or creating new products, services, marketing and/or promotions for Optimized Health or the Service;
- Promoting and marketing Optimized Health, the Service, and the products and/or services offered via the Service;
- Improving user experiences with the Service;
- Analyzing traffic to and through Service;
- Analyzing user behavior and activity on or through the Service;
- Conducting research and measurement activities for purposes of product and service research and development, advertising claim substantiation, market research, and other activities related to Optimized Health, the Service or products and services offered via the Service;
- Monitoring the activities of you and others on or through the Service;
- Placing and tracking orders for products or services on your behalf;
- Protecting or enforcing Optimized Health’ rights and properties;
- Protecting or enforcing the rights and properties of others (which may include you);
- When required by applicable law, court order or other governmental authority (including, without limitation and by way of example only, in response to a subpoena or other legal process); or
- Optimized Health believes in good faith that such use is otherwise necessary or advisable (including, without limitation and by way of example only, to investigate, prevent, or take legal action against someone who may be causing injury to, interfering with, or threatening the rights, obligations or properties of Optimized Health, a user of the Service, which may include you, or anyone else who may be harmed by such activities or to further Optimized Health’ legitimate business interests).
We may de-identify your information and use, create and sell such de-identified information, or any business or other purpose not prohibited by applicable law.
6. Disclosure of Information
Subject to the limitations described in the Protected Health Information section above, we may disclose your information to third parties in connection with the provision of our Service or as otherwise permitted or required by law. For example, we may disclose your information:
- To our subsidiaries and affiliates;
- To our third-party and service providers (collectively “vendors”) that provide services to enable us to provide the Service, such as the hosting of the Service, data analysis, IT services and infrastructure, customer service, e-mail delivery, and other similar services;
- To our vendors that provide services to enable us to run our business and administrative operations, such as legal and financial advisory services, auditing services, analytics and similar services;
- To our vendors that provide services to enable us to promote and advertise the Service and the products and/or services offered via the Service, such as ad platforms or ad-retargeting services, as well as comply with contact removal requests or requirements, such as mailing list removal services, do not call registries, and similar services;
- To our contractors, service providers, and other third parties we use to support our business. These entities provide IT and infrastructure support services, payment processing services and marketing software. Our payment processors’ privacy policies may be found at http://PayPal.com/us/privacy;
- To the Labs, Pharmacies, Medical Group or its Providers to enable them to provide services to you via the Service and to collect payment on their behalf;
- To vendors as we believe necessary or appropriate to comply with applicable laws; and
- To a potential or actual buyer or other successor in the event of a planned or actual merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Optimized Health’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Optimized Health about our Website’s users is among the assets transferred;
- To fulfill the purpose for which you provide it;
- For any other purpose disclosed by us when you provide the information; and
- With your consent;
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
- To enforce or apply our Terms of Service and other agreements, including for billing and collection purposes; and
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Optimized Health, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
We may de-identify your information and disclose such de-identified information for any purpose not prohibited by applicable law.
7. Data Retention
Optimized Health may retain your information for as long as it believes necessary; as long as necessary to comply with its legal obligations, resolve disputes and/or enforce its agreements; and/or as long as needed to provide you with the products and/or services of the Service or Optimized Health. Optimized Health may dispose of or delete any such information at any time, except as set forth in any other agreement or document executed by Optimized Health or as required by law.
Similarly, the Medical Groups and Providers may retain your information for as long as they believe necessary; as long as necessary to comply with their respective legal obligations, resolve disputes and/or enforce its agreements; and/or as long as needed to provide you with the products and/or services of the Medical Groups and Providers. The Medical Groups and Providers may dispose of or delete any such information at any time, except as set forth in any other agreement or document executed by the Medical Groups or Providers or as required by law.
8. Data Security
Information transmitted over the Internet is not completely secure, but we do our best to protect your Personal Data. You can help protect your Personal Data and other information by keeping your password to our Websites confidential.
We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Website. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures deployed on the Website.
In connection with any transaction that you conduct through the Service (e.g., the purchase or sale of any products or services on or through the Service), you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant Optimized Health without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties (e.g., payment processing companies, buyers on the Service, sellers on the Service) for the purpose of facilitating the transaction.
10. Jurisdictional Issues
Your California Privacy Rights
If you are a resident of California, you have the additional rights described in the California Privacy Addendum.
11. Third Parties
12. Your Rights Regarding Your Information and Accessing and Correcting Your Information
You may have certain rights under applicable data protection laws, including the right to access and update your Personal Data, restrict how it is used, and the right to have us erase certain Personal Data about you. You also have the right to complain to a supervisory authority about our processing of your Personal Data.
Applicable data protection laws may provide you with certain rights with regards to our processing of your Personal Data.
- Access and Update. You can review and change your Personal Data by logging into the Website and visiting your “Account” page. You may also notify us through the Contact Information below or through our Website’s Contact Us form of any changes or errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible. 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.
- You have the right to restrict our processing of your Personal Data under certain circumstances. In particular, you can request we restrict our use of it if you contest its accuracy, if the processing of your Personal Data is determined to be unlawful, or if we no longer need your Personal Data for processing but we have retained it as permitted by law.
- Right to be Forgotten. You have the right to request that we delete all of your Personal Data. We cannot delete your Personal Data except by also deleting your user account, and we will only delete your account when you have requested that we do so. We may not accommodate a request to erase information if we believe the deletion would violate any law or legal requirement or cause the information to be incorrect. In all other cases, we will retain your Personal Data as set forth in this policy. In addition, we cannot completely delete your Personal Data as some data may rest in previous backups. These will be retained for the periods set forth in our disaster recovery policies.
- You have the right to lodge a complaint with the applicable supervisory authority in the country you live in, the country you work in, or the country where you believe your rights under applicable data protection laws have been violated. However, before doing so, we request that you contact us directly in order to give us an opportunity to work directly with you to resolve any concerns about your privacy.
- How You May Exercise Your Rights. You may exercise any of the above rights by contacting us through any of the methods listed under Contact Information below and through our Website’s Contact Us form. If you contact us to exercise any of the foregoing rights, we may ask you for additional information to verify your identity. We reserve the right to limit or deny your request if you have failed to provide sufficient information to verify your identity or to satisfy our legal and business requirements. 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 subject to a maximum set by applicable law.
13. Do Not Track Signals
We may use automated data collection technologies to track you across websites. We currently do not honor do-not-track signals that may be sent by some browsers.
We also may use automated data collection technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. At this time, we do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such a signal is broadcast or received by us.
14. Changes to Our Privacy Notice
We may change this Privacy Notice at any time. It is our policy to post any changes we make to our Privacy Notice on this page. If we make material changes to how we treat our users’ Personal Data, we will notify you through a notice on the Website’s home page. The date this Privacy Notice 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 email address for you, and for periodically visiting our Website and this Privacy Notice to check for any changes. By using this website you consent to abide by the latest privacy practices posted on the website
15. Contact Information
You may contact us through the contact information below. If you wish to contact us, you may contact both us through the contact information below or through the Contact Us form on our Website.
If you have any questions, concerns, complaints or suggestions regarding our Privacy Notice, have any requests related to your Personal Data pursuant to applicable laws, or otherwise need to contact us, you may Contact Us at the contact information below or through the Contact Us page on our Website.
Part of Optimized Health LLC
7067 East Dale Lane
Scottsdale, AZ 85266
Privacy Notice Addendum for California Residents (CCPA)
If you are a California resident and the processing of personal information about you is subject to the California Consumer Privacy Act (CCPA), you have certain rights with respect to that information.
Notice at Collection. At or before the time of collection, you have a right to receive notice of our practices, including the categories of personal information and sensitive personal information to be collected, the purposes for which such information is collected or used, whether such information is sold or shared, and how long such information is retained. You can find those details in this statement by clicking on the above links.
Right to Know. You have a right to request that we disclose to you the personal information we have collected about you. You also have a right to request additional information about our collection, use, disclosure, or sale of such personal information. Note that we have provided much of this information in this privacy statement. You may make such a “request to know” by emailing us at firstname.lastname@example.org
Rights to Request Correction or Deletion. You also have rights to request that we correct inaccurate personal information and that we delete personal information under certain circumstances, subject to a number of exceptions. To make a request to correct or delete, email us at email@example.com
Right to Opt-Out / “Do Not Sell or Share My Personal Information”. You have a right to opt-out from future “sales” or “sharing” of personal information as those terms are defined by the CCPA.
Note that the CCPA defines “sell,” “share,” and “personal information” very broadly, and some of our data sharing described in this privacy statement may be considered a “sale” or “sharing” under those definitions. In particular, we let advertising and analytics providers collect identifiers (IP addresses, cookie IDs, and mobile IDs), activity data (browsing, clicks, app usage), device data, and geolocation data through our sites and apps when you use our online services, but do not “sell” or “share” any other types of personal information. If you do not wish for us or our partners to “sell” or “share” personal information relating to your visits to our sites for advertising purposes, you can make your request by clicking on the “Do Not Sell or Share My Personal Information” link at the bottom of the page or using a Global Privacy Control. If you opt-out using these choices, we will not share or make available such personal information in ways that are considered a “sale” or “sharing” under the CCPA. However, we will continue to make available to our partners (acting as our service providers) some personal information to help us perform advertising-related functions. Further, using these choices will not opt you out of the use of previously “sold” or “shared” personal information or stop all interest-based advertising.]21
We do not knowingly sell or share the personal information of minors under 16 years of age.
Right to Limit Use and Disclosure of Sensitive Personal Information. You have a right to limit our use of sensitive personal information for any purposes other than to provide the services or goods you request or as otherwise permitted by law.
To opt-out from such additional purposes, please visit click on “Your Privacy Choices” page or use the Global Privacy Control described in the “Choice and Control” section of this statement.
You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights under the CCPA. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us.
Further, to provide, correct, or delete specific pieces of personal information we will need to verify your identity to the degree of certainty required by law. We will verify your request by asking you to send it from the email address associated with your account or requiring you to provide information necessary to verify your account.
Finally, you have a right to not be discriminated against for exercising these rights set out in the CCPA.
Additionally, under California Civil Code section 1798.83, also known as the “Shine the Light” law, California residents who have provided personal information to a business with which the individual has established a business relationship for personal, family, or household purposes (“California Customers”) may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes.
Please be aware that we do not disclose personal information to any third parties for their direct marketing purposes as defined by this law.
If you have any questions or comments about this California Privacy Addendum, the ways in which Optimized Health LLC collects and uses your information described above and in the Privacy Notice, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to Contact Us.
You may contact us through the contact information below. If you wish to contact us, you may contact us through the contact information below or through the Contact Us form on our Website.
If you have any questions, concerns, complaints or suggestions regarding our Privacy Notice, have any requests related to your Personal Data pursuant to applicable laws, or otherwise need to contact us, you may contact us at the contact information below or through the Contact Us form on our website.
To Contact Optimized Health LLC:
Part of Optimized Health LLC
7067 East Dale Lane
Scottsdale, AZ 85266