1. Privacy Practices
2. Services Provided - No Medical Care or Advice by PocketMed
The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by PocketMed. PocketMed provides clinically relevant information and instructive videos for general information purposes only. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by PocketMed, or in connection with any communications supported by PocketMed, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law.
Your interactions with the Site are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither PocketMed, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any information or advice obtained from the Site or Service, nor any information obtained on the Site. PocketMed does not recommend or endorse any specific tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any information received through the Site or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.
Not for Emergencies
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
PocketMed’s Site and Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately.
You should seek emergency help or follow up care when recommended by a physician or qualified healthcare provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
Not an Insurance Product
PocketMed is not an insurer. The Services are not insurance products, and the amounts you pay to PocketMed is not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
3. Availabilty of Services
You represent that you are not a person barred from enrolling for or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site or the Services is limited exclusively to users located in States within the United States where the Services are available. Services are not available to users located outside the United States. Accessing the Site or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
4. Ordering and Purchasing of Services
Typographical Errors and Incorrect Pricings
In the event a Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the Services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.
You can purchase the Services on the Site. We accept credit and debit cards issued by U.S. banks ( your “payment method”). You authorize and agree that the payment method you submit may be used automatically by PocketMed or its payment processors for any of your responsibilities for payment. If a credit card account is being used for a transaction, PocketMed may obtain preapproval for an amount up to the amount of the payment. You agree to allow PocketMed or its payment processor to securely store your payment method. You understand and acknowledge that Services may be cancelled or withheld if you revoke this authorization, and that you are still responsible for all charges incurred by you or are otherwise owed to PocketMed.
5. Eligibility; Site Access, Security and Restrictions; Passwords
You agree to fully, accurately, and truthfully create your PocketMed Account (“Account”), including but not limited to your name, mailing address, phone number, email address, and password, which become your PocketMed ID and credentials. The PocketMed ID or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your PocketMed ID or credentials, and for all activities that occur under such PocketMed ID or credentials. You agree to prohibit anyone else from using your PocketMed ID or credentials other than your eligible dependents and agree to immediately notify PocketMed of any actual or suspected unauthorized use of your PocketMed ID or credentials or other security concerns of which you become aware. Your access to the Site may be revoked by PocketMed at any time with or without cause.
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. PocketMed may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
6. Electronic Communications
When you use the Site or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. PocketMed may contact you by telephone, mail, or email to verify your Account information. PocketMed may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.
7. Ownership Of The Site And Related Materials; Additional Restrictions
Neither the Site and Services, nor any part of the Site and Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PocketMed. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PocketMed without express written consent. You may not use any meta tags or any other "hidden text" utilizing PocketMed’s name or trademarks without the express written consent of PocketMed. You may not misuse the Site or Services. You may use the Site and Services only as permitted by law. The content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in writing by PocketMed. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of PocketMed without our express written consent.
8. No Users Under 18 Years Old without Parental Consent
9. Accuracy of Information; Functionality
Although PocketMed attempts to ensure the integrity and accurateness of the Site and Service descriptions, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site, Service descriptions and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform PocketMed so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, PocketMed shall have no responsibility or liability for information or content posted to the Site from any non-PocketMed affiliated third party.
PocketMed each reserves complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention or destruction policies.
10. Links to Other Sites
PocketMed makes no representations whatsoever about any other website that you may access through this Site. When you access a non-PocketMed site, please understand that it is independent from PocketMed, and that PocketMed has no control over the content on that website. In addition, a link to a non-PocketMed website does not mean that PocketMed endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
11. User Information
If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to PocketMed that you have the legal right and authorization to provide all User Information to PocketMed for use as set forth herein and required by PocketMed.
PocketMed may de-identify your information such that it is no longer considered personally identifiable information. PocketMed may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes.
You agree not to: (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (1) a message under a false name, or (2) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (A) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (v) use robots or scripts with the Site; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to PocketMed; (ix) alter the attribution or origin of electronic mail, messages, or posting; (x) harvest or collect personal information about any other individual who uses the Site or the Services; and (xi) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties.
You agree to defend, indemnify, and hold harmless PocketMed from and against all third party claims, damages, and expenses (including, but not limited to, reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Site or any breach of this Section 11.
12. Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
PocketMed respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to PocketMed’s Designated Copyright Agent, identified below.
13. Notices of Alleged Infringement for Content Made Available on the Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice ("Copyright Notice") complying with the following requirements.
- Identify the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Copyright Notice:
- "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
- "I hereby state that the information in this Copyright Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Deliver this Copyright Notice, with all items completed, to our Copyright Agent:
Tura Health LLC
1100 Town & Country Road, Suite 1250
Orange, CA 92868
14. Intellectual Property
PocketMed retains all right, title, and interest in and to the Site, the Services and any information, products, documentation, software, or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site licensed by PocketMed (in that case, the license provider retains all right, title, and interest therein). The information available through the Site and the Services is the property of PocketMed. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of PocketMed trademarks, service marks, and logos are strictly prohibited without the prior written permission of PocketMed. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Site without the written grant thereof by PocketMed or the third party owner of such trademarks, service marks, or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.
PocketMed may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.
15. CAN-SPAM Act Compliance
PocketMed is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM ACT”). Emails and newsletters received from us are intended to fully comply with the CAN-SPAM ACT. In the event you receive an email from us which you do not believe is fully compliant with the CAN-SPAM ACT, please contact us immediately at the address listed below under the section “How to Contact Us.”
You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit PocketMed products or services in ways that would violate the CAN-SPAM ACT or any other laws. You shall not: (a) infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); (b) propagate computer worms or viruses; (c) use a false identity; (d) attempt to gain unauthorized entry to any site or network; or (e) infringe copyrights, trademarks, or other intellectual property rights.
16. Disclaimer of Warranties
POCKETMED DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. POCKETMED DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. POCKETMED DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO SERVICES OFFERED, SOLD, AND DISTRIBUTED BY POCKETMED ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY POCKETMED OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE SERVICES. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE SERVICES OBTAINED THROUGH OUR SITE MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. POCKETMED DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE.
17. Limitation of Liability Regarding Use of Site
EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:
POCKETMED AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, OR LINKED WEBSITES IS TO STOP USING THE SITE OR THOSE SERVICES.
TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF POCKETMED TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
18. No Third Party Rights
20.Dispute Resolution; Arbitration Agreement
We will try to work in good faith to resolve any issue you have with the Site, including without limitation, Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
If you desire to assert a claim against PocketMed, and you therefore elect to seek arbitration, you must first send to PocketMed, by certified mail, a written notice of your claim ("Notice"). The Notice to PocketMed should be addressed to: Tura Health LLC, Attn: Legal Dept., 1100 Town & Country Road, Suite 1250 Orange, CA 92868 ("Notice Address"). If PocketMed desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by PocketMed, must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought ("Demand"). If PocketMed and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or PocketMed may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by PocketMed or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after PocketMed receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $2,000.
YOU AND POCKETMED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and PocketMed agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
21. Force Majeure
23. Application Support; Functionality
All questions and requests relating to Site support must be directed to PocketMed. To submit a support request, please email us at (714) 464-7557 and firstname.lastname@example.org. The Select Third Parties, as defined in Section 25, are not responsible for providing support for the application portions of the Site and may not be contacted for support. PocketMed will use commercially reasonable efforts to respond to questions and provide support. Please note that we may change or remove functionality and other features of the Site at any time, without notice.
24. Modified Devices and Operating Systems
PocketMed will have no liability for errors, unreliable operation, or other issues resulting from use of the Site on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including, but not limited to, use of modified versions of the operating system (collectively, “ Modified Devices ”). Use of the Site on Modified Devices will be at your sole and exclusive risk and liability.
25. No Liability for Select Third Parties
26. Export Compliance
You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) your not listed on any U.S. Government list of prohibited or restricted parties. You agree to indemnify and hold PocketMed and its affiliates harmless for any and all acts found or suspected to be in violation hereof. You shall indemnify and hold PocketMed and its affiliates harmless against and from losses, damages, costs, and reasonable attorney fees incurred in defending or resolving any suits brought against PocketMed or any of its affiliates by anyone arising out of any alleged violation of any anti-spamming rules, regulations, laws, statutes. Your Account will be terminated for any of the above infractions.
27. Revisions; General
Copyright/Trademark Information. Copyright ©2021 Tura Health LLC. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
How to Contact Us:
Tura Health LLC
1100 Town & Country Road, Suite 1250
Orange, CA 92868
Telephone: (714) 464-7557
Tura Health LLC d/b/a PocketMed (“ PocketMed,” “ we,” “ our,” or “ us ”) respects your privacy, and we are committed to protecting it through our compliance with this policy.
This policy applies to information we collect:
- on our Website;
- by telephone, email, text, and other electronic messages between you and us; and
- when you interact with our advertising and applications on third party websites and services, if those applications or advertising include links to this policy.
It does not apply to information collected by:
- us offline or through any other means, including on any other website operated by PocketMed or any third party; and
- any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Note, PocketMed is not a medical group. Any telemedicine consults obtained through our Website are provided by independent medical practitioners including, but not limited to, Enjoy Health Medical P.A. and Enjoy Health Medical Group of California P.C. (collectively, “Enjoy Health Medical”), independent medical groups with a network of United States based health care providers (each, a “Provider”). Enjoy Health Medical (or your own medical provider if you do not use an Enjoy Health Medical provider) is responsible for providing you with a Notice of Privacy Practices describing its collection and use of your health information, not PocketMed. If you do not agree to be bound by those terms, you are not authorized to access or use our Website, and you must promptly exit our Website.
2. Children Under the Age of 18
Our Website and App are not intended for children under the age of 18 and children under the age of 18 are not permitted to use our Website. We will remove any information about a child under the age of 18 if we become aware of it.
Our Website is not intended for children under 18 years of age. No one under age 18 may provide any information to or through the Website. We do not knowingly collect Personal Data from children under 18. If you are under 18, do not use or provide any information on our Website or on or through any of its features, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Data from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from a child under 18, please contact us at (714) 464-7557 / email@example.com.
3. Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website (collectively, “Personal Data”), specifically information:
- by which you may be personally identified, such as name, address, e-mail address, telephone numbers, date of birth, credit or debit card number, bank or financial account number (for payment purposes only), salary or other financial information, social security number, driver’s license or state identification card number, images and video of you, your medical history, medical condition, physical or mental disability, gender, age (40 years or older), race or ethnicity, color, ancestry, religion or creed, marital status, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), data concerning your sex life or sexual orientation;
- that is about you but individually does not identify you, such as traffic data, logs, referring/exit pages, date and time of your visit to our Website, error information, clickstream data, and other communication data and the resources that you access and use on the Website; or
- about your Internet connection, the equipment you use to access our Website and usage details, such as traffic data, logs, referring/exit pages, date and time of your visit to our Website, error information, clickstream data, and other communication data and the resources that you access and use on the Website.
We collect this information
- directly from you when you provide it to us;
- automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses, your Internet activity while on our Site and others (e.g., pages viewed, clicks, scrolling and mouse-overs) and other information collected through cookies, web beacons, session replay software and other tracking technologies; and Information about your computer and internet connection, i.e. your IP address, unique device identifier, unique advertising identifier, operating system, and browser type. From third parties, for example, our business partners; and
- automatically if you use your social media accounts (Facebook, Google, etc.) as the means to login to our Site and use our Services.
Information You Provide to Us
The information we collect on or through our Website is:
- Personal data such as the data identified above;
- information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, posting material, purchasing products, or requesting further services. We may also ask you for information when you report a problem with our Website;
- records and copies of your correspondence (including email addresses), if you contact us;
- your responses to surveys that we might ask you to complete for research purposes; and
- 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.
You also may provide information during medical screenings and other uses of our Website (collectively, “ User Contributions ”). User Contributions are voluntary and provided at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. You are prohibited from engaging in inappropriate conduct during a group therapy session, including but not limited to using unlawful, offensive, harassing or inappropriate language, or engage in any other unlawful, offensive, harassing or inappropriate conduct. We reserve the right to remove you from a group therapy session or other event, and cancel your membership, if you engage in behavior that would violate the restrictions set forth in this section.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, specifically:
- Usage Details. Details of your visits to our Website, such as traffic data, location, logs, referring/exit pages, date and time of your visit to our Website, error information, clickstream data, and other communication data and the resources that you access and use on the Website;
- Device Information. Information about your computer, mobile device, and Internet connection, specifically your IP address, operating system, browser type, and browser version information; and
- Location Data. The Website, depending on the version, may collect information about the location of your device. If you do not want us to collect this information, you can choose not to enable or you can turn-off collection of location information using the privacy settings in the Website or your device.
The information we collect automatically may include Personal Data or we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service by enabling us to:
- estimate our audience size and usage patterns;
- improve our product and services offering;
- store information about your preferences, allowing us to customize our Website according to your individual interests;
- recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
- Web Beacons. Pages of a Website, or our e-mails, may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
- Google Analytics. We use Google Analytics, a web analytics service provided by Google, Inc. (“ Google ”) to collect certain information relating to your use of the Website. Google Analytics uses “ cookies ”, which are text files placed on your computer, to help the Website analyze how users use the site. You can find out more about how Google uses data when you visit our Website by visiting “How Google uses data when you use our partners' sites or apps”, (located at www.google.com/policies/privacy/partners/). We may also use Google Analytics Advertising Features or other advertising networks to provide you with interest-based advertising based on your online activity. For more information regarding Google Analytics please visit Google's website, and pages that describe Google Analytics, such as www.google.com/analytics/learn/privacy.html.
4. How We Use Your Information
We use your Personal Data for various purposes described below, including to:
- provide our Website to you;
- provide products and services to you;
- provide you with information you request from us;
- enforce our rights arising from contracts;
- notify you about changes; and
- provide you with notices about your account.
We use information that we collect about you or that you provide to us, including any Personal Data:
- to present our Website and its contents to you;
- to provide our products and services to you;
- to provide you with information, products, or services that you request from us or that may be of interest to you;
- to process, fulfill, support, and administer transactions and orders for products and services ordered by you;
- to provide you with notices about your PocketMed account;
- to contact you in response to a request;
- to administer quizzes and surveys;
- to fulfill any other purpose for which you provide it;
- to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection
- tto notify you about changes to our Website, or any products or services we offer or provide though them;
- in any other way we may describe when you provide the information; and
- for any other purpose with your consent.
We may also use your information to contact you about goods and services that may be of interest to you, including through newsletters. If you wish to opt-out of receiving such communications, you may do so at any time by clicking unsubscribe at the bottom of these communications. For more information, see Choices About How We Use and Disclose Your Information.
We may de-identify your Personal Data so that it no longer reasonably identifies you. In this case, we may use this de-identified data without restriction and for any purpose, including to improve our Website, products and services.
Some information PocketMed collects constitutes protected health information (“PHI”) under the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). As set forth above, Enjoy Health Medical (or your own medical provider if you do not use an Enjoy Health Medical Provider) will provide you with a Notice of Privacy Practices describing its collection, use, and disclosure of your health information, not PocketMed. PocketMed will use and disclose PHI only as permitted in PocketMed’s agreements with Enjoy Health Medical (or your own medical provider if you do not use a PocketMed Provider) and we only collect the PHI we need to fully perform our services and to respond to you or your Provider. We may use your PHI to contact you to the extent permitted by law, to provide requested services, to provide information to your Providers and insurers, to obtain payment for our services, to respond to your inquiries and requests, and to respond to inquiries and requests from your Providers and benefits program. We may combine your information with other information about you that is available to us, including information from other sources, such as from your Providers, insurers or benefits program, in order to maintain an accurate record of our participants. PHI will not be used for any other purpose, including marketing, without your consent.
5. Disclosure of Your Information
- our affiliates and third party service providers that we use to support our business;
- to a company we merge, acquire, or that buys us, or in the event of change in structure of our company of any form;
- to comply with our legal obligations;
- to affiliates and third parties for their own commercial purposes;
- to enforce our rights; and
- with your consent.
- to affiliates, contractors, service providers, and other third parties we use to support our business. The services provided by these organizations include providing IT and infrastructure support services, advertising, marketing, and payment processing services.
- to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by PocketMed about our Website users are 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;
- with your consent. For example, where you share an experience with us for the purposes of discussion during a group therapy session. Submissions are always voluntary.
We may also disclose your Personal Data:
- to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
- to affiliates and third parties to market their products or services to you if you have not opted out of these disclosures. For more information, see Choices About How We Use and Disclose Your Information;
- if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of PocketMed, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
6. Choices About How We Use and Disclose Your Information
We offer you choices on how you can opt out of our advertising to you. We do not control the collection and use of your information collected by third parties.
We do not control the collection and use of your information collected by third parties described above in Disclosure of Your Information. These third parties may aggregate the information they collect with information from their other customers for their own purposes. In addition, we strive to provide you with choices regarding the Personal Data you provide to us. We have created mechanisms to provide you with control over your Personal Data:
In addition, we strive to provide you with choices regarding the Personal Data you provide to us. We have created mechanisms to provide you with control over your Personal Data:
- Promotional Offers from PocketMed. If you do not wish to have your email address used by PocketMed to promote our own products and services, you can opt-out at any time by clicking the unsubscribe link at the bottom of any email or other marketing communications you receive from us. This opt out does not apply to information provided to PocketMed as a result of a product purchase, or your use of our services.
- Disclosure of Your Information to Affiliates and Third Parties. By using our Website, you consent to our sharing of your Personal Data (excluding personal health information) with our affiliates and third parties for their promotional purposes. If you wish to unsubscribe from such affiliate and third parties’ promotions, you can do so by clicking the unsubscribe link at the bottom of any email or other marketing communications you receive from them. If you wish to opt-out of such sharing, please email us firstname.lastname@example.org
- Targeted Advertising. To learn more about interest-based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance and the Network Advertising Initiative websites (www.aboutads.info and www.networkadvertising.org). Please note that if you choose to opt out, you will continue to see ads, but they will not be based on your online activity. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can also opt out of receiving targeted ads from members of the NAI on its website.
7. Your Rights Regarding Your Information and Accessing and Correcting Your Information
You may review and change your Personal Data by contacting us.
You can notify us through one of the ways listed in the Contact Information section below 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 or to delete your account. We cannot delete your Personal Data except by also deleting your account with us. 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.
With respect to any PHI PocketMed may obtain, you have certain rights under HIPAA to access your data, to restrict use and disclosure of it, to request communication methods, to request corrections to your data, to receive an accounting of disclosures and to receive notice of any breach. See the Notice of Privacy Practices provided to you by your Provider for more information.
8. Do Not Track Signals
We currently do not honor do-not-track signals that may be sent by some browsers.
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. Because there is no standard for these signals at this time, we currently 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.
9. 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 Website 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 you have chosen a password for the use 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 work diligently to try and 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 contained on the Website or in your operating system.
10. California Privacy Rights
Under some circumstances, California law may provide you with the right to obtain a list of third parties (if any) that we provide your Personal Data to for their own direct marketing purposes.
Contact Information below.
12. Contact Information
You may contact us through the contact information below.
How to Contact Us:
Tura Health LLC
1100 Town & Country Road, Suite 1250
Orange, CA 92868
Telephone: (714) 464-7557