Celly Health, Inc. and Its Subsidiaries
Section 01
Introduction
Celly Health, Inc. and its subsidiaries ("Celly Health," "we," "us," or "our") owns and operates websites, mobile applications, and digital platforms (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 Celly Health, and any affiliated website, software, or application owned or operated by Celly Health (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 Celly Health Terms and Conditions.
We are committed to respecting the privacy of users of the Service. We created this Privacy Policy to inform you how Celly Health collects, uses, and discloses information in order to provide you with the Service.
By creating, registering, or logging into an account through the Service, or otherwise accessing or using the Service, you are acknowledging the most recent version of this Privacy Policy. If we make material changes to this Privacy Policy, we will provide notice or obtain consent regarding such changes as may be required by law.
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 their behalf and that such individual acknowledges the practices and policies outlined in this Privacy Policy.
Section 02
Limitations on Use by Minors
The Service is generally intended for use by individuals who are at least eighteen (18) years of age. 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 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.
If you are under sixteen (16) years of age, you may request that we remove content or information about you posted on the Platform. Submit a "Request for Removal of Minor Information" to:
- By mail: Celly Health, Inc., Attn: Legal, 10850 E Traverse Hwy, Traverse City, MI 49684 (subject line: "Removal of Minor Information") — U.S. Certified Mail, Return Receipt Requested
- By email: legal@cellyhealth.com (subject line: "Removal of Minor Information")
Each request must clearly state: the nature of the request; the identity and location of the content; that it is a "Removal of Minor Information" request; and your name, address, and email address.
We are not required to remove content in all circumstances, including when required by law to maintain it, when Celly Health maintains content as part of your electronic medical record, when the content is stored by a third party, when we have anonymized the content, or when you have received compensation for providing the content.
Section 03
Protected Information
When you set up an account with Celly Health, you provide information including your name, email address, shipping address, phone number, and certain transactional information, which we do not consider "protected health information" or "medical information."
HIPAA STATUS: Celly Health is a "covered entity" under HIPAA. However, Celly Health may in some cases serve as a "business associate" of a pharmacy or medical group, and solely in that role may be subject to certain provisions of HIPAA with respect to protected health information.
To the extent Celly Health is deemed a "business associate," it may be subject to certain provisions of HIPAA with respect to "protected health information" ("PHI"). Any medical or health information 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.
The medical groups and providers have adopted a Notice of Privacy Practices describing how they use and disclose Protected Information. By accessing or using any part of the Service, you acknowledge receipt of the Notice of Privacy Practices from your medical group and provider(s).
Section 04
Collection of Personal Information
The personal information we collect depends on how you interact with us, the services you use, and the choices you make.
— Information You Provide Directly
- Name and contact information — name, email address, phone number, billing and physical addresses
- Demographic data — gender, date of birth, zip code
- Payment information — credit card number, financial account information, other payment details
- Content and files — photographs, videos, documents, and other files you upload
— Sensitive Personal Information
- Government ID — driver's license, passport number, social security numbers
- Account access information — username or account number combined with a password or security code
- Sensitive demographic data — racial or ethnic origin
- Contents of communications — communications made via the Service
- Biometric information — used by us or our service providers to verify your identity
- Health data — information concerning your health, browsing activity, app usage, and purchases
- Sexuality — information about your sex life or sexual orientation
— Information Collected Automatically
- Identifiers and device information — IP address, device identifiers, device type, operating system, browser
- Geolocation data — collected when you use our apps or online services
- Usage data — URLs, pages viewed, time spent on pages, access times
— Information We Create or Generate
We infer new information from other data we collect, including using automated means to generate information about your likely preferences or other characteristics ("inferences").
— Information from Third-Party Sources
- Third-party partners — applications and social networks you connect with through our services
- Co-branding/marketing partners — partners with which we offer co-branded services
- Service providers — third parties that collect or provide data on our behalf
- Publicly available sources — open government databases and similar public sources
Celly Health provides management services to the medical providers and certain pharmacies you may access through the Service. As a result, we may store additional health information on their behalf, including your medical record, communications with providers, medical history, and prescription information.
— Cookies, Mobile IDs, and Similar Technologies
We use cookies, web beacons, mobile analytics and advertising IDs, and similar technologies to operate our websites and online services. This data is used to store your preferences, enable sign-in, analyze performance, track interactions, develop inferences, deliver interest-based advertising, combat fraud, and fulfill other legitimate purposes.
Section 05
Use of Personal Information
We use the personal information we collect for purposes described in this Privacy Policy, subject to the limitations in the "Protected Information" section above.
| Purpose | Description |
|---|
| Product & Service Delivery | Provide and deliver the Service, including troubleshooting, location confirmation, improvement, and personalization. |
| Business Operations | Billing, payment processing, accounting, account administration, system security, fraud detection, identity verification, and legal compliance. |
| Research & Development | Develop, test, and improve the Service, content, features, and products. Identify new products/services and analyze traffic and user behavior. |
| Personalization | Understand your preferences to enhance your experience and enjoyment using our services. |
| Customer Support | Provide support, fulfill requests, respond to questions, and place and track orders on your behalf. |
| Communications | Send confirmations, invoices, technical notices, updates, security alerts, and support messages, including to facilitate telehealth services. |
| Marketing | Communicate about new services, offers, promotions, rewards, contests, events, and partner offerings. |
| Advertising | Promote and market Celly Health, the Service, and products/services offered via the Service. |
We do not use Protected Information for advertising or marketing.
Section 06
Disclosure of Personal Information
We disclose personal information as necessary to complete your transactions or provide requested services, or with your consent as required by applicable law. We may disclose information about you to:
- Service providers — vendors or agents working on our behalf
- Marketing/Ad partners — for delivering personalized advertising (may include non-protected health data)
- Financial services & payment processing — banks and entities for payment processing and fraud prevention
- Affiliates — subsidiaries, affiliates, and related companies
- Medical groups, pharmacies, laboratories, and providers — to enable them to provide services via the Service
- Corporate transactions — in connection with a merger, acquisition, or sale of assets
- Legal and law enforcement — when necessary to comply with applicable law
- Security, safety, and protecting rights — to protect customers and maintain security
IMPORTANT NOTICE: We may sell your sensitive personal data. Some data disclosures to third parties may be considered a "sale" or "sharing" of personal information as defined under the laws of California and other U.S. states. Please see the "Choice and Control" and "California Privacy Rights" sections for more details.
Choice and Control of Personal Information
— Access, Portability, Correction, and Deletion
To access, copy, download, correct, or delete personal information about you, contact us using the methods described in the "Contacting Us" section below.
— Data Sales
To opt out from data "sales," you can use the Global Privacy Control setting or click "Your Privacy Choices" on the bottom of our webpage.
— Targeted Advertising
To opt out of targeted advertising, contact us or use the controls offered by the NAI (optout.networkadvertising.org) and DAA (optout.aboutads.info).
— Communications Preferences
You can choose whether to receive promotional communications from us by email or SMS by following the directions in any promotional message or by contacting us. These choices do not apply to mandatory service communications.
Section 08
Browser or Platform Controls
- Cookie controls — Most web browsers accept cookies by default. You can adjust browser settings to delete or reject cookies.
- Global Privacy Control — Some browsers support GPC signals. We will make reasonable efforts to respect such signals.
- Do Not Track — Our websites do not respond to browser DNT signals. Use GPC, cookie controls, and advertising controls instead.
- Mobile advertising ID controls — iOS and Android provide options to limit tracking and/or reset advertising IDs.
- Email web beacons — Most email clients allow you to prevent automatic downloading of images, including web beacons.
Section 09
Data Retention
We retain personal information for as long as necessary to provide the services and fulfill the transactions you have requested, comply with our legal obligations, resolve disputes, enforce our agreements, and for other legitimate and lawful business purposes. Actual retention periods vary based on user expectations, sensitivity of the information, availability of automated deletion controls, and our legal or contractual obligations.
Section 10
Transactions
In connection with any transaction through the Service, you may be asked to supply credit card information, billing and shipping addresses, phone number, and/or email address. By submitting such information, you grant Celly Health the irrevocable, unencumbered, universe-wide, and perpetual right to provide such information to third parties (e.g., payment processing companies) for the purpose of facilitating the transaction.
All monetary transactions occur through online payment processing applications provided by Celly Health's third-party payment processing vendors ("Payment Vendors"). Celly Health's relationship with Payment Vendors is merely contractual in nature.
Section 11
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 information about you, is governed by U.S. law.
Section 12
California Privacy Rights
If you are a California resident and the processing of personal information about you is subject to the California Consumer Privacy Act (CCPA), you have certain rights with respect to that information.
— Notice at Collection
At or before the time of collection, you have a right to receive notice of our practices, including the categories of personal information collected, purposes for collection, whether it is sold or shared, and how long it is retained.
— Right to Know
You have a right to request disclosure of the personal information we have collected about you. Email: legal@cellyhealth.com.
— Rights to Request Correction or Deletion
You have the right to request correction of inaccurate personal information and deletion of personal information under certain circumstances. Email: legal@cellyhealth.com.
— Right to Opt-Out
You have a right to opt out from future "sales" or "sharing" of personal information as defined by the CCPA. You can make your request by visiting our Privacy Center or using a Global Privacy Control. We do not knowingly sell or share the personal information of minors under 16 years of age.
— Right to Limit Use of Sensitive Personal Information
You have a right to limit our use of sensitive personal information for purposes other than providing the services you request. To opt out, visit "Your Privacy Choices" on the bottom of our webpage or use the Global Privacy Control. You have a right to not be discriminated against for exercising these rights.
Section 13
Miscellaneous
We strive to use reasonable physical, technical, and administrative measures to protect information from unauthorized access, use, disclosure, alteration, and destruction. However, you must keep your account password secure and you are responsible for all activity under your account.
Celly Health may supplement, amend, or otherwise modify this Privacy Policy at any time. Such modifications will be posted on this page and shall be deemed effective as of the "Last Updated" date. It is your responsibility to carefully review this Privacy Policy each time you visit, access, or use the Service.
Section 14
Contacting Us
If you have any questions about this Privacy Policy, please contact us:
By email: legal@cellyhealth.com
By mail:
Celly Health, Inc.
Attn: Legal
10850 E Traverse Hwy, STE 1155
Traverse City, MI 49684
