This Privacy Policy describes the practices of Exer Holding Company, LLC and its subsidiaries, as well as Exer Medical Corporation (collectively, the “Companies”, “Exer,” “we”, or “us”), concerning information we obtain by and through your use of the website (the “Website”) and any other online services provided via the Website or other online platform (collectively, with the Website, the “Services”). The Companies are committed to respecting your privacy and recognizing your need for appropriate protection and management of information that you share with us.

The purpose of this Privacy Policy is to explain the types of information that we may collect from you or that you may provide, and our practices for collecting, using, maintaining, protecting, and disclosing such information. However, to the extent we collect health information from you that is subject to the Health Information Portability and Accountability Act (“HIPAA”) or state privacy laws, different standards apply. For more information about how we use and disclose such health information, please see our Notice of Privacy Practices.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information. All activities in which you may engage on this Website or to otherwise receive the Services, such as use of any payment portal or other online platform if and to the extent such Services are provided, are voluntary. If you do not agree with the terms of this policy, then you should immediately exit this website and discontinue using the site. By accessing the Services, you agree to this Privacy Policy.

1. Information we collect about you

This policy applies to information we collect on the Website. We collect several types of information from and about users of our Services, including information:

That you have submitted, and by which you may be personally identified, such as your name, e-mail address, telephone number, or geographic location when you submit information on our Contact page (e.g., when selecting a particular urgent care clinic location of interest).
That you may submit for use of a payment portal or other online platform, to the extent such Services are offered, including user online identifier, financial information such as credit card number or bank account information, and insurance information.
Records and copies of your correspondence, if you contact us.
That may include other identifiers by which you may be identified, such as your IP address.
Your search queries on the Website.
About your internet connection, the equipment you use to access our Website, such as browser type and settings, device type and settings, and usage details, including date, time, and URL.
That is about you but individually does not identify you.
To the extent any information collected identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked with you, it is referred to in this Privacy Policy as “Personal Information.” More detailed information about the categories of Personal Information we collect is provided in Section 9.

We collect this information directly from you when you provide it to us. In addition, we collect this information automatically as you navigate through the Website, using data collection technologies. The technologies we use for this automatic data collection may include:

Cookies. Our Website may use cookies and other technologies to collect information. A cookie is a small file placed on the hard drive of your computer. We may use cookies to facilitate your use of the Website; allow you to personalize and store your settings; collect usage information; determine our total audience size and traffic; and help us improve our sites by measuring which areas are of greatest interest to users. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
Tracking and/or Analytics Services. We may use mobile application tracking and/or analytics services. These services may record unique mobile gestures such as tap, double-tap, zoom, pinch, scroll, swipe and tilt but do not collect personally identifiable information that you do not voluntarily enter. These services do not track your browsing habits across mobile applications that do not use the same services. We are using the information collected by these services to understand user behavior and optimize site performance.
Web Beacons. We may also use web beacons (invisible images often referred to as pixel tags or clear GIFs) in order to recognize users and assess traffic patterns, and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
A set of Website features may be accessible from web-enabled mobile devices. The intent is to provide screens that are optimized for the size of the screen and operating systems. On some devices, functionality may be limited. If you access this Website through a mobile device, then we may collect information about your mobile device.

2. How we use your information.

Subject to this Privacy Policy (and with respect to health information, the Notice of Privacy Practices), we may use information, including Personal Information, collected about you in the following ways:

For the purposes for which you specifically provided it including, without limitation, to enable us to respond to any inquiries or comments submitted via the Website.
To provide you with information, products or services that you request from us.
To send you information about your relationship or transactions with us, or to notify you about our products, services, and special offers, or otherwise contact you with information that we believe will be of interest to you. Currently, we have an opt-in process for receipt of our latest news and other related information regarding our services.
To analyze visits to the Website and learn about the interests of our visitors in aggregate and also on a personal level to better understand your interests and needs, so we can improve our products and services and deliver to you the type of content, features, and promotions that you are most interested in.
To provide advertisers and other third parties with aggregate information about Website users and Website usage patterns.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
To notify you about changes to our Website or any products or services that we offer or provide through it.
To otherwise meet our legal obligations, to the extent permitted by law.
In any other way we may describe when you provide the information, to the extent permitted by law.
For any other purpose with your consent.

3. Sharing your information.

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. However, except as otherwise described in this Privacy Policy, or if we inform you otherwise at the time of data collection and receive your consent where required, we will not sell, trade, or share your Personal Information with third parties.

We may share your information as follows:

With affiliated companies and businesses.
With contractors, service providers, or other third parties to perform services to support our business. These other companies may be supplied with or have access to your information solely for the purpose of providing these services to you on our behalf. For example, your data may be transferred to our service providers who assist us in compiling data submitted via the Website, managing our mailing list, or directing any inquiry you submit via the Website to the appropriate personnel. Such service providers shall be bound by appropriate confidentiality and security obligations.
We use Google Analytics including tags and cookies to understand the way our website visitors interact with our website. Google Analytics tags are built in to the pages of our website which report back to Google Analytics data pertaining to the total number of visits to a particular page such as unique visits, repeat visits, or source data such as the URL a visitor came from prior to visiting our website.
For more information about how Google Analytics collects and processes data, see “How Google uses data when you use our partners’ sites or apps.” You may opt out of Google Analytics tracking by installing the Google Analytics Opt-Out Browser Add-On. You can find additional information regarding this opt-out process at:
In response to a subpoena or similar investigative demand, a court order, or other request from a law enforcement or government agency where required by applicable law.
When disclosure is required or allowed by law in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Application’s terms and conditions or other agreements or policies.
When otherwise required to meet our legal obligations, to the extent permitted by applicable law.
In connection with a corporate transaction, such as the sale of all or a portion of our business, a divestiture, merger, consolidation, or asset sale, or in the event of bankruptcy, as required or allowed by law.
For any other purpose disclosed by us when you provide the information, to the extent permitted by applicable law.
With your consent.

4. Confidentiality of health information.

We are subject to certain laws and regulations governing the use and disclosure of health information, including, without limitation, the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health of 2009 (“HITECH”), and the regulations adopted thereunder, and applicable state laws, including the California Confidentiality of Medical Information Act (“CMIA”), which apply certain protections to “protected health information” (as defined under HIPAA) or “medical information” (as defined under the CMIA). We treat the confidentiality and security of your health information seriously. Notwithstanding any other provision in this policy, all health information subject to these laws is used and disclosed in accordance with such laws. Please see the Notice of Privacy Practices for more information.

5. How we protect your information.

We use commercially reasonable administrative, technical, and physical measures to safeguard your information in our possession against loss, theft and unauthorized use, disclosure or modification. We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. No method of transmission over the internet is 100% secure, however. Therefore, while we strive to make all reasonable efforts to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. By using this Website, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through this Website and that any Personal Information, general information, or other data or information received from you through the site is provided to us at your own risk, which you expressly assume.

6. Changes to our Privacy Policy.

From time to time we may revise this Privacy Policy. If we make revisions that change the way we collect or use your information, those changes will be posted in this Privacy Policy and the effective date will be noted at the end of the Privacy Policy. Therefore, you should review it periodically so that you are up to date on our most current policies and practices. Your continued use of the site after we post any such modifications will constitute your acknowledgment of the modified policy and your agreement to abide and be bound by the modified policy. We will also revise the “last updated” date found at the beginning of this privacy policy when we post changes to it.

7. Children’s Online Privacy Protection act.

We are a general audience site, and do not direct any of our content specifically at children under 13 years of age or knowingly collect information from children under the age of 13, nor do we share such information with third parties. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a Website user is under age 13, we will promptly delete any Personal Information of such user.

8. Links to third party sites.

Our Website may contain links to websites or applications operated and maintained by third parties, over which we have no control. Privacy policies for these third-party sites and applications may be different from our Privacy Policy. You access these third-party sites and applications at your own risk. You should always read the privacy policy of a linked site or applications before disclosing any personal information on such site and/or through such applications. We are not responsible for information you submit to third parties.

9. For California residents.

The California Consumer Privacy Act (CCPA) and California Online Privacy Practices Act (CalOPPA) provide California residents with certain additional rights. To exercise any of these rights, please follow the instructions listed in this section.

Personal Information Collected. We collect Personal Information as defined above, except that for purposes of CCPA (and your applicable rights under CCPA), “personal information” does not include publicly available information from government records, deidentified or aggregated information, or information excluded from CCPA’s scope (including health or medical information covered by HIPAA or CMIA).

More information about the categories of Personal Information we collect, the sources from which it is collected, the purposes of the collection, and the categories of third parties with whom we share Personal Information, are described elsewhere in this Privacy Policy. See Sections 1 (Information We Collect About You), Section 2 (How We Use Your Information), and Section 3 (Sharing Your Information).

In particular, in the past 12 months we have collected the following categories of Personal Information:

Examples include name, address, unique personal identifier, online identifier, IP address, email address, or other similar identifiers.
Internet or other similar network activity. Examples include browsing history, search history, information on your interaction with a website, application, or advertisement.
Although we do not collect geolocation data, if you identify a particular urgent care clinic location of interest when contacting us, we may be able to infer your general geographic location. In addition, you may voluntarily submit other Personal Information when contacting us via our Website, as part of your inquiry to us.

Right to Know. You have the right to know and see what personal information we have collected about you over the past 12 months, including:

The categories of Personal Information we have collected about you;
The categories of sources from which the Personal Information is collected;
The business or commercial purpose for collecting your Personal Information;
The categories of third parties with whom we have shared your Personal Information; and
The specific pieces of Personal Information we have collected about you.

Right to Delete. You have the right to request that we delete the Personal Information we have collected from you (and direct our service providers to do the same). There are several exceptions, however, that include, but are not limited to, when the information is necessary for us or a third party to do any of the following:

Complete your transaction;
Provide you with our services;
Perform a contract between us and you;
Detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, and prosecute those responsible for such activities;
Fix our system in the case of a bug;
Protect the free speech rights, including the free speech rights of you or other users, or exercise another right provided by law;
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.);
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interests that adheres to all other applicable ethics and privacy laws;
Comply with a legal obligation; or
Make other internal and lawful uses of the information that are compatible with the context in which you provided it.
Right to Opt-Out of the Sale of Your Personal Information. We do not sell any of your Personal Information.

Right to Non-Discrimination. We will not discriminate against those who exercise their rights under this section. If you exercise your rights, we will not deny you goods or services, charge you different prices or rates for goods or services, or provide you with a different level or quality of goods or services.

Other Rights. California Civil Code § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of certain Personal Information to third parties for their direct marketing purposes. We do not disclose your Personal Information to third parties for their direct marketing purposes. However, you are free to make an inquiry with any questions by contacting us in accordance with the “How to Contact Us” section in this Privacy Policy.

Exercising these Rights. To request access to or deletion of your personal information, or to exercise any other data rights under California law, please contact us in accordance with the “How to Contact Us” section in this Privacy Policy. Please include your full name, email address, along with why you are emailing us, so that we can verify and process your request in an efficient manner. If we cannot verify your identity from the initial information you provide, we may request additional information from you, which will be used only for the purposes of verifying your identity to assist you with exercising your rights. You may also designate an authorized agent to make a request under this section on your behalf. We may request additional information from you to confirm that the authorized agent has in fact been authorized by you to act on your behalf.

Accessing in Alternative Formats. For individuals with disabilities, please contact us in accordance with the “How to Contact Us” section regarding how to access the information in this Privacy Policy in an alternative format.

Response Time. We aim to respond to a consumer request for access or deletion within 45 days of receiving a verifiable request. If we require more time, we will inform you of the reason and extension period in writing.

Do Not Track Symbols. We do not have the capability to respond to “Do Not Track” signals received from various web browsers at this time.

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