Online Privacy Policy
Treasure Health and Wellness
Introduction
Treasure Health and Wellness and its subsidiaries (Treasure Health and Wellness) owns and
operates websites (treasurehealthandwellness.com) located at treasurehealthandwellness.com and OTHER WEBSITE IF AVAILABLE and may have previously, now or in the future own and/or operate a Treasure Health and Wellness mobile application (collectively, the " Platform"). Your access and use of the Platform, any part thereof, or anything associated therewith, including its content ("Content"), any products or services provided through the Platform or otherwise by Treasure Health and Wellness and any affiliated website, software or application owned or operated by Treasure Health and Wellness (collectively, including the Platform and the Content, the "Service") are subject to this Privacy Policy unless specifically stated otherwise. Capitalized terms not otherwise defined in this Privacy Policy have the same meaning as set forth in the Treasure Health and Wellness Terms and Conditions ("Terms and Conditions").
We are committed to respecting the privacy of users of the Service. We created this Privacy
Policy ( "Privacy Policy" ) to tell you how Treasure Health and Wellness collects, uses and discloses information in order to provide you with the Service.
As with our Terms and Conditions, by creating, registering, or logging into an account through the Service, or otherwise accessing or using the Service, you are automatically accepting and acknowledging the most recent version of this Privacy Policy. If we make any changes to our Privacy Policy, we will post the revised Privacy Policy and update the "Last updated" date of the Privacy Policy.
If you are using the Service on behalf of an individual other than yourself, you represent that you are authorized by such an individual to act on such an individual's behalf and that such
individual acknowledges the practices and policies outlined in this Privacy Policy.
Limitations on Use by Minors
Our Service is generally 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. Individuals who are between the ages of thirteen (13) and eighteen (18) (or such older age of majority) may use the Service for the sole purpose of
obtaining a medical consultation for the treatment of acne using topical skincare products (to the extent made available) if a parent or legal guardian provides consent to such use in accordance with the requirements set forth in our Terms and Conditions and the Service. The Service is not designed or intended to attract, and is not directed to, children under thirteen (13) years of age. If we obtain actual knowledge that we have collected personal information through the Platform from a person under thirteen (13) years of age, we will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form.
Furthermore, if you are under sixteen (16) years of age, then you (or your parent or legal guardian if you are under age 13) may at any time request that we remove content or
information about you that is posted on the Platform. Please submit any such request ("Request
for Removal of Minor Information") to either of the following:
By mail: Treasure Health and Wellness Attn:“PRIVACY OFFICER NAME”, “ADDRESS”, with a subject line of "Removal of Minor Information. If you send by mail, please send by U.S. Certified Mail, Return Receipt Requested to allow for confirmation of mailing, delivery and tracking.
By email: “EMAIL ADDRESS”, with a subject line of "Removal of Minor Information"
For each Request for Removal of Minor Information, please state "Removal of Minor
Information" in the email or letter subject line, and clearly state the following in the body of the
request:
The nature of your request
The identity of the content or information to be removed
The location of the content or information on the Platform (e.g. by providing the URL)
That the request is related to the "Removal of Minor Information"
Your name, street address, city, state, zip code and email address, and whether you prefer to
receive a response to your request by mail or email.
We will not accept any Request for Removal of Minor Information via telephone or facsimile.
Treasure Health and Wellness is not responsible for failing to comply with any Request for Removal of Minor Information that is incomplete, incorrectly labeled or incorrectly sent.
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 Treasure Health and Wellness to maintain the content or information; when Treasure Health and Wellness maintains the content or information on behalf of your Providers (as defined in our Terms and Conditions) 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 Treasure Health and Wellness 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 Treasure Health and Wellness voluntary practices concerning the collection of personal information through the Service from certain minors, and is not intended to be an admission that Treasure Health and Wellness 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.
Protected Health Information
When you set up an account with Treasure Health and Wellness you are creating a direct customer relationship with Treasure Health and Wellness 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 Treasure Health and Wellness 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".
However, in using certain components of the Service, you may also provide certain health or
medical information that may be protected under applicable laws. “Treasure Health and Wellness is not a "covered entity" under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, " HIPAA"). One or more of the Labs, Pharmacies or Medical Groups (as defined in our Terms and Conditions) may or may not be a "covered entity" or "business associate" under HIPAA, and Treasure Health and Wellness may in some cases be a "business associate" of a Pharmacy or Medical Group. It is important to note that HIPAA does not necessarily apply to an entity or person simply because there is health information involved, and HIPAA may not apply to your transactions or communications with Treasure Health and Wellness the Medical Groups, the Providers, the Labs, or the Pharmacies. To the extent Treasure Health and Wellness is deemed a "business associate" however, and solely in its role as a business associate, Treasure Health and Wellness may be subject to certain provisions of HIPAA with respect to "protected health information," as definedunder HIPAA, that you provide to Treasure Health and Wellness, the Medical Group or the Providers ("PHI"). In addition, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI, "Protected Information"), will be used and disclosed only in accordance with such applicable laws. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under this Privacy Policy. Protected Information does not include information that has been de-identified in accordance with applicable laws.
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).
By accessing or using any part of the Service, you are agreeing that even if HIPAA does apply
to Treasure Health and Wellness ,the Medical Groups, the Providers, the Labs or the Pharmacies, any information that you submit to Treasure Health and Wellness that is not intended and used solely for the provision of diagnosis and treatment by the Medical Group and Providers, laboratory services by the Labs or prescription fulfillment by the Pharmacies, is not considered Protected Information, and will only be subject to our Privacy Policy and any applicable state laws that govern the privacy and security of such information. For purposes of clarity, information you provide to Treasure Health and Wellness in order to register and set up an account on the Platform, including name, username, email address, shipping address and phone number, are not considered Protected Information.
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 (Treasure Health and Wellness) registration details
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
Photographic or video images submitted for identification or non-diagnosis or treatment
purposes, including photographs of your driver’s license or passport
Information about third parties that you refer to us (e.g., name, email, and/or other contact
information, relationship)
Statements or content (e.g., comments, videos, photographs, images) and information about
such statements or content, which you submit or publish on or through the Service or which are
accessed via your public or linked social media pages (e.g., Facebook, Twitter, Instagram)
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
With your express consent, your contacts and/or contact information (e.g., names, telephone
numbers, physical addresses, email addresses, photos) stored on your mobile device
With your express consent, information about third-party software applications on your mobile
device (including, without limitation, general software apps, downloadable software apps, social
media apps)
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
Previous doctors or other healthcare providers you visited
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.
Treasure Health and Wellness 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 Treasure Health and Wellness and is deleted by our identity verification partner after completing the identity verification. Treasure Health and Wellness 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.
How Information Is Collected
Treasure Health and Wellness 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 Treasure Health and Wellness 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 Treasure Health and Wellness a comment, message or other communication (such as, by way of example only, email, letter, fax, phone call, or voice message) about you or your activities on or through the Site and/or the App, then Treasure Health and Wellness 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, insurance policy, insurance eligibility and coverage, 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, Treasure Health and Wellness 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 retargeting 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 Treasure Health and Wellness might use include Google Analytics
and Taplytics. Treasure Health and Wellness Treasure Health and Wellness 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 Treasure Health and Wellness permission to monitor or otherwise track your activities on the Service, and that Treasure Health and Wellness may use the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies. Notwithstanding the foregoing, Treasure Health and Wellness does not permit third parties or third-party cookies to access any communications you have with the Providers, or medical information that you submit to the Providers for diagnosis and treatment purposes.
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, email, text, telephone or other forms of communication,
including on behalf of your Provider(s) to facilitate telehealth Services;
Providing you with information about Treasure Health and Wellness, 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 Treasure Health and Wellness or the Service;
Promoting and marketing Treasure Health and Wellness, 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 Treasure Health and Wellness, 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 Treasure Health and Wellness 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 Treasure Health and Wellness 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 Treasure Health and Wellness, a user of the Service, which may include you, or anyone else who may be harmed by such activities or to further Treasure Health and Wellness 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.
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 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, email delivery, and other similar services;
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;
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;
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;
Vendors as we believe necessary or appropriate to comply with applicable laws; and
To a third party in the event of any reorganization, merger, sale, joint venture, assignment,
transfer, liquidation or other disposition of all or any portion of our business, assets or stock with such third party.
We may de-identify your information and disclose such de-identified information for any purpose not prohibited by applicable law.
Data Retention
Treasure Health and Wellness 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
Treasure Health and Wellness. Treasure Health and Wellness may dispose of or delete any such information at any time, except as set forth in any other agreement or document executed by Treasure Health and Wellness 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.
Transactions
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 Treasure Health and Wellness 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.
All credit card, debit card and other monetary transactions on or through the Service occur
through an online payment processing application(s) accessible through the Service. This online
payment processing application(s) is provided by Treasure Health and Wellness third-party online payment processing vendor, Square ("Square"). Additional information about Square, its privacy policy and its information security measures (collectively, the " Square Policies'') should be
available on the Square website located at https://squareup.com/us/en/legal/general/privacy or by contacting Square directly. Reference is made to the Square Policies for informational purposes only and are in no way incorporated into or made a part of this Privacy Policy. Treasure Health and Wellness relationship with Stripe, if any, is merely contractual in nature, as Stripe nothing more than a third-party vendor to Treasure Health and Wellness, and is in no way subject to Treasure Health and Wellness direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.
Jurisdictional Issues
The Service may only be used within certain states within the United States as described in our
Terms and Conditions. Accordingly, this Privacy Policy, and our collection, use, and disclosure of
your information, is governed by U.S. law.
Third Parties
This Privacy Policy does not address or apply to, and we are not responsible for, the privacy,
information or other practices of any third parties, including, without limitation, the Medical
Group or its Providers, the manufacturer of your mobile device, and any other third-party mobile application or website to which our Service may contain a link. These third parties may at times gather information from or about you. We do not control and are not responsible for the privacy practices of these third parties. We encourage you to review the Medical Group's Notice of Privacy Practices and the privacy policies of each website and application you visit and use.
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