First Opinion

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The Fine Print

FIRST OPINION PRIVACY POLICY

Last updated: January 27, 2016

This privacy policy (the “Policy”) applies to the data we collect through the First Opinion services (the “Services”), including through our website (the “Site”) and mobile applications (the “App”).

By using the Services, you agree that your information will be handled as described in this Policy. Your use of the Services, and any dispute over privacy, is subject to this Policy and our Terms of Use, available at http://firstopinionapp.com/terms-of-use/ and incorporated by reference into this Policy, including applicable limitations on damages and the resolution of disputes.

This Policy does not cover the privacy practices of any physicians with whom you communicate through the Local Doctors Services, defined in the First Opinion Terms of Use. If you use Local Doctors Services, you will be provided with the applicable notice of privacy practices as required by law.

How We Collect Personal Information

Account Information. When you register with us on the App and/or the Site to create an account (“Account”) and become a registered user (“Member”), you will need to provide us with certain personally identifiable information to complete the registration, including information that can be used to contact or identify you (“Personal Information”). Personal Information that we may ask you to provide includes, for instance, your name, email address, credit card or other billing information. We use this Personal Information mainly to provide the Services, administer your inquiries and process payments. If you request Local Doctor Services you will be asked to consent to communicating with Local Doctors using the Services before you begin communicating with a Local Doctor.

In accordance with the Children’s Online Privacy Protection Act (COPPA), we will not knowingly collect or accept personally identifiable information from a child under the age of 13. The Services are not directed to children under the age of 13. If we become aware that we have collected such information we will take steps to promptly and securely delete this information.

Health Information.  In connection with your use of the Services, First Opinion may also collect personal health information provided by you or generated through your use of the App. By using the Services, you explicitly authorize First Opinion to collect personal health information and you represent that you are authorized to disclose any and all information you provide. Except the information collected in connection with the Local Doctors Services, you acknowledge that information disclosed by you to First Opinion, including personal health information, is not considered Protected Health Information (“PHI”) under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and/or similarly protected under any state law relating to the privacy of medical or health information. The information collected in connection with most Services is not generally considered PHI or protected health information under HIPAA and/or state law, but if and to the extent we collect PHI from you, rest assured that First Opinion will only use your PHI to provide you with products and/or services that you request, for appropriate management and administration purposes, and/or for other purposes to which you have consented, except where otherwise permitted by law.

Other Information. We also collect other information you provide as part of registration and the administration and personalization of your user experience, including certain demographic information such as your gender, age, and zip code. We may combine this information with the Personal Information we collect from you, and use it to provide the Services, complete your transactions, and administer your inquiries. We may also use this information to improve user experiences on our Site, to improve the quality and value of the Services, and to analyze and understand how our Services are used. In addition, we may use it to serve you specifically, for instance to deliver a product or service to you according to your preferences or restrictions. We also collect information you provide to First Opinion as feedback through the App, email, and/or our website, including comments, reviews, and ratings.

Information We Collect Automatically. We may automatically collect the following information about your use of our Site or other Services through cookies, web beacons, log files, java script and other technologies: Your domain name; your browser type and operating system; web pages you view; links you click; your IP address; the length of time you visit our Site and/or use our Services; your location information; and the referring URL; or the webpage that led you to our Site; access time; and a device identifier. In addition, we may collect information about pages, products and content you view on our partners’ sites. We may combine this information with other information that we have collected about you, including, where applicable, your name, user name, and other personal information. Please see the section “Our Use of Cookies and Other Tracking Mechanisms” below for more information.

Our Use of Cookies and Other Tracking Mechanisms

Log Data. When you visit the Site or use the App, whether as a Member or a non-registered user, our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, operating system or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site and other Services and for the Site’s technical administration, to increase our Site’s functionality and user-friendliness, and to better tailor it to our visitors’ needs. For example, we use this information to verify that visitors to the Site meet the criteria required to process their requests.

Cookies. Like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your login information for future logins to the Services. Second, we utilize session ID cookies to enable certain features of the Services, to better understand how you interact with the Services and to monitor aggregate usage users and web traffic routing on the Services. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Services and then close your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Services.

Clear Gifs.  (Web Beacons/Web Bugs). We or the third parties we engage to track and analyze website data may employ clear gifs (a.k.a. Web Beacons/Web Bugs) to help us better manage content on the Site. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on your computer’s hard drive, clear gifs are embedded invisibly on Web pages.

Third-party Analytics. We or our service providers use automated devices and applications to evaluate use of our Site, App, and other Services. We also may use other analytic means, tools, and vendors, including without limitation, Salesforce, to assist us. We or our service providers use these tools to help us improve our Site, App and other Services, our performance, and user experiences. These entities may use cookies and other tracking technologies to perform their services, and they have their own privacy policies.

Do Not Track. First Opinion’s website does not respond to Do Not Track (DNT) signals; however, our website does not track its users over time and across third party Websites. Further, First Opinion does not permit third parties to collect personally identifiable information about an individual consumer’s online activities over time and across different websites when a consumer uses our Site or other Services.

How We May Use The Information We Collect About You

Use in General. We will use information we collect from you, including without limitation Personal Information, personal health information, and all other information described herein (hereafter “Information”) to set up, manage and run your account, for providing Degreed Doctor Services (as defined in the First Opinion Terms of Use), and for other legitimate purposes associated with our providing Services to you. If you use Local Doctor Services, your Information will be provided to Local Doctors for their use as necessary to provide Local Doctor Services and in accordance with their Notice of Privacy Practices. We will, for the most part, only contact you with service related communications, such as account access details and reminders.

Marketing. First Opinion may use aggregated information from the Services to improve the quality of our Services and for marketing of the Services. First Opinion does not use your individual account and record information from the Services for marketing without first asking for and receiving your opt-in consent or authorization. First Opinion also may use reviews, comments, and ratings you submit to First Opinion through the App, email and our website for advertising, marketing, and/or promotional purposes. First Opinion’s use of that information may include your full name, first name, initials, and/or state of residence. Your agreement to the First Opinion Terms of Use includes an express authorization for us to publish such reviews, comments, or ratings with information that may identify you, in our sole discretion, and an acknowledgement that you have no privacy interest in any reviews, comments, or ratings you submit to First Opinion.

Push Notifications. First Opinion will send you push notifications whenever you receive a new message in the App, and you may receive other push notifications from us related to your use of Services including communications from Local Doctors. If you do not want to receive push notifications, you may opt out at the time you download the App, or you can turn them off using your device’s notification settings.

No Sale or Unauthorized Access. First Opinion will not sell, rent, or share your Information without your explicit consent, except as described herein or when First Opinion believes it is required to do so by law. A limited number of employees in particular job functions may have access to your Information, in order to operate and improve the Site, App or other Services. All First Opinion employees must abide by our Privacy Policy and those who violate our Privacy Policy are subject to disciplinary action, up to and including termination.

Other Content. You explicitly authorize First Opinion to publish and disclose any and all content, Information, communications, photographs, video and audio recordings and other materials and other user generated content (collectively referred to as “UGC”) not provided in connection with your use of Local Doctor Services that you upload or provide through the Site, App and/or the Services. You are solely responsible for your UGC. By agreeing to the User Agreement / Terms of Use, you warrant and represent that you will not disclose any UGC that you consider private or protected under state or federal law and/or that you believe or have reason to believe violates any third party’s right of privacy or right of publicity.

How We Disclose Your Information

Physicians. As described above, your Information will be shared with physicians (including those that participate in the Degreed Doctors Service and the Local Doctors Service) in connection with services that you request.

Authorized service providers. We may share your Information with our authorized service providers, like those who fulfill orders, deliver packages, provide customer service and marketing assistance, and perform other business services.

Business partners. To the extent your Information is contained in any comment or other submission made by you that is not provided in connection with Local Doctor Services, such as when you make purchases or engage in promotions offered through our Site or our App, we may share your Information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant’s offer or program, you authorize us to provide your e-mail address and other Information to that merchant.

Other Disclosures. We also may disclose your Information as follows:

  • In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency;
  • To establish or exercise our legal rights;
  • To defend against legal claims or as otherwise required by law;
  • When we believe disclosure is appropriate in connection with efforts to investigate, prevent, report or take other action regarding illegal activity, suspected fraud or other wrongdoing;
  • To protect and defend the rights, property or safety of our company, our users, our employees, or others, and/or to enforce our Terms of Service or other agreements or policies; and/or
  • In connection with a business transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or bankruptcy.

Aggregate and De-identified Information. Notwithstanding anything else in this Privacy Policy, we may also collect and use aggregate, de-identified, or other anonymous Information about users for marketing, advertising, research or other purposes.

Access To Your Information

You may request access to or correction of your Information by contacting us through the Site, or via mail or courier at:

hello@firstopinionapp.com

First Opinion
156 Ellis street Floor 2
San Francisco, CA 94102

Please note that copies of Information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Services for a period of time, and we may maintain copies of such Information in our business records. Also, please be aware that First Opinion is not responsible for the privacy practices of third parties (including physicians) with whom you elect to share your Information, and cannot grant you the ability to access or modify your Information when held by such third parties.

Security of Your Information. We have implemented safeguards to protect the Information we collect from unauthorized access, use, and disclosure. More specifically, while your Information is encrypted when it is stored or at rest and during transmission through the Site or App, which transmission is over a Secure Sockets Layer, once the Information downloads to your device, it is no longer encrypted and may remain in active memory in your device. The level of security once downloaded or when in active memory depends on the user’s settings.

Please be aware that despite our best efforts, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity. YOU ARE RESPONSIBLE FOR SAFEGUARDING INFORMATION ON YOUR DEVICES.

Communicating with Us

Promotional Materials. We may send periodic promotional or informational emails to you, about First Opinion, the Services, and, from time-to-time, about third party products and offers we think may interest you. You may opt-out of such communications by following the opt-out instructions contained in any such e-mail. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving promotional emails from us, we may still send you e-mails about your account or any Services you have requested or received from us. We are not responsible for the email practices of other third parties (e.g., physicians) with whom you have shared your Information.

E-Mail Communications. You can use our Services to send an e-mail inquiry to us, which may result in a reply being sent to an e-mail address that you provide.  By using the e-mail service, you accept the risk of our transmitting Information to your personal e-mail address, or such email address as you provide, in an unsecure environment. If you are receiving e-mail correspondence at an employer’s e-mail address, please note that the employer may be permitted by law to view the contents of any e-mail messages received at the address.

First Opinion, Degreed Doctors, and Local Doctors do not generally communicate with users via e-mail. If and when such e-mail communications occur, they will not contain PHI. To help us maintain this practice, we ask that you do not communicate PHI to First Opinion, Degreed Doctors, and/or Local Doctors using e-mail.

Third-Party Websites

You may click on links on our Site, in our App, or through our Services to access other websites that do not operate under this Privacy Policy. For example, if you click on an advertisement or a search result on our Site or App, you may be taken to a website that we do not control. These third-party websites may independently solicit and collect information, including personal health information, from you and, in some instances, provide us with information about your activities on those websites. We recommend that you consult the privacy policies of all third-party websites you visit. Any access to and use of such third-party websites is not governed by this Privacy Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.

California Privacy Rights

Under California law, California residents are entitled to obtain a notice identifying the categories of personal customer Information that we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to:

First Opinion
156 Ellis street Floor 2
San Francisco, CA 94102

Privacy Policy Updates

We may update this Policy. When we do, we will also revise the “last updated” date at the top of the Policy. For material changes to this Policy, we will attempt to notify you either by placing a prominent notice on the home page of the Site or by sending you a notification directly. We encourage you to review this Policy periodically to stay informed about how we are helping to protect the information we collect. Your continued use of the service constitutes your agreement to this Policy and any updates.

Contact Us

If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us via email at hello@firstopinionapp.com or in writing to First Opinion 156 Ellis street, Floor 2, San Francisco, CA 94102.