1. General Mymee Questions

Program Terms and Conditions

Terms & Conditions

Mymee, Inc.
Terms and Conditions

Terms of Use

  1. SCOPE OF TERMS & CONDITIONS

Unless otherwise indicated, these Terms and Conditions of Service (“Terms & Conditions”) apply to (i) your use of and/or access to the mymee.com website and/or other websites (collectively, “Website”) which are owned or operated by Mymee, Inc. (and its successors and assigns, collectively, “Mymee”, “we,” “us,” or “our”), including any portions thereof available only to subscribers, and (ii) your use of and/or access to the mobile phone applications which we own or operate currently or in the future (collectively, the “Mymee App”) and (iii) your use of and or access to any content or information and other online or mobile-enabled technology, digital tools and other services and products provided by us (together with the Website and the Mymee App, collectively, the “Services”). The term “Mymee App” shall refer to both our Services in the Core Program and Care Program.

We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy and HIPAA Notice, which are incorporated into these Terms & Conditions by this reference.

IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THE FOLLOWING AGREEMENT AND ACKNOWLEDGEMENT, THEN DO NOT ACCESS, BROWSE OR USE THE SERVICES. MOREOVER, MYMEE DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR THE SERVICES WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

IF YOU DO NOT ABIDE BY THE PROVISIONS OF THESE TERMS & CONDITIONS, EXCEPT AS WE MAY OTHERWISE AGREE FROM TIME TO TIME, YOU AGREE THAT WE MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR USER ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR USER ACCOUNT AND/OR RESTRICT ANY FURTHER ACCESS TO SUCH INFORMATION AND/OR FILES, OR OUR SERVICES, WITH OR WITHOUT NOTICE.

You must exercise caution, good sense and sound judgment in using the Services. You are prohibited from violating, or attempting to violate, the security of the Services. Any such violations may result in criminal and/or civil penalties against you. Mymee reserves the right to investigate any alleged or suspected violations and if a criminal violation is suspected, we may contact and/or cooperate with law enforcement agencies in their investigations.

  1. AGREEMENT AND ACKNOWLEDGEMENT
  2. User Agreement. By using the Services, you accept these Terms & Conditions and agree that you are legally bound by them and will abide by the terms, conditions, and notices contained or referenced herein, just as if you had signed them.
  3. Changes to Terms & Conditions. From time to time, we may, in our sole discretion, change, modify, supplement or remove portions of these Terms & Conditions (“Additional Terms”). Such Additional Terms shall become effective upon posting by the Company on the Website, the Mobile App, via the Services or sending you an email or other notification. You will be deemed to have agreed to such Additional Terms if you continue to access the Mobile App or the Website or otherwise use any of the Services following the date in which such Additional Terms become effective.
  4. Modification of Services.In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Services provided to you, including, but not limited to, (i) restricting the time the Services are available, (ii) restricting the amount of use permitted, (iii) restricting or terminating any user’s right to use the Services and/or (iv) changing any feature or functionality provided by the Services. Any such changes will become effective in your next renewal period unless we notify you otherwise. You agree that any termination or cancellation of your access to, or use of, the Services may be effected without prior notice. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Services.
  5. Downloading Mymee App. The Mymee App can be downloaded from applications store or applications distribution platform, such as the Apple Mobile App Store or Google Play, (the “Mobile App Provider”).
  6. ELIGIBILITY

We do not permit individuals under 18 years of age to use our Services.

The Services are provided only to adults who are 18 years of age or over. By using the Services, you represent and warrant that you are at least 18 years of age and have the right, authority and capacity to enter into these Terms & Conditions and to abide by the terms and conditions of these Terms & Conditions.

If you are not yet 18, please do not use our Services or provide us with any personal information without the consent of your legal guardian. If you are under 18, click here to access the guardian consent form.

  1. JURISDICTIONAL ISSUES

We provide our Services only to persons in the United States. Accordingly, this Policy, and our collection, use, and disclosure of your Personal Information (as defined below) is governed by U.S. law. We do not represent or warrant that the Application or our Services or any functionality or feature thereof, is appropriate or available for use in any other jurisdiction. By using the Application and submitting any Personal Information from outside the United States, you acknowledge that the Services are subject to U.S. law and consent to the transfer of your Personal Information to the United States, which may provide a different level of data security than other countries. 

  1. SUBSCRIPTIONS

Our Services require a fee, which is either paid (i) by the user (“Personal Service User”) or (ii) by a third party on behalf of the user (“Business Service User”).

Whether you are a Personal Service User or a Business Service User, you are responsible for all charges and fees associated with connecting to and using the Website and/or Mobile App, including without limitation all telephone access lines (including mobile data and data roaming charges, when applicable), telephone and/or internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Website and/or Mobile App.

  1. FEES, RENEWAL, CANCELLATIONS & REFUND POLICIES
  2. Agreement to Pay.

(i) Personal Service Users. If you are a Personal Service User, you will be responsible for the fixed and periodic charges and fees (including prepayment plan fees for multiple periods or recurring monthly fees) you selected at the time of subscription. Applicable taxes, and other charges and fees incurred in order to access the Services may also apply.

(ii) Business Service Users. Business Service Users’ subscriptions are generally purchased by our third party commercial customers (“Business Customers”) for a specified period. If your access to our Service has been paid for by our Business Customer, you will be able to use the features purchased by them for the period or program agreed between Mymee and such Business Customer.

  1. Auto-Renewal. Unless your Services have been paid for by a Business Customer, your subscription will automatically be extended for successive renewal periods of the same duration selected at the time of your purchase, at the then-current non-promotional subscription rate. Until you cancel, we will charge or debit your payment method at the beginning of your subscription period and each successive renewal period. Your non-cancellation of the Services or continued use of the paid subscription features of the Service will reaffirm that we are authorized to charge you. If your credit or debit account has been closed or your payment method is otherwise invalid, your subscription may not renew and your subscription will be automatically be put on hold and you will be logged out of the Mymee App effective as of the end of your current billing cycle.

Renewal charges will generally be the same as the prior period’s charge, unless we notify you in advance at the time of sign up or prior to the beginning of the renewal period of a different charge. If (i) you purchased a multiple-period prepayment plan or (ii) you were eligible for a promotional rate but are no longer eligible for that rate, then your subscription will be offered to renewed at our then-current non-promotional subscription rates at the start of the renewal period. If you wish to renew and we are currently offering promotional rates at such time, you must renew your subscription prior to the termination of your current plan. If you fail to renew your subscription for any Services before its scheduled expiration date, then the then-current non-promotional subscription rate will apply.

  1. Cancelling Your Services Subscription. You can cancel your subscription for our Services at any time by contacting your coach directly (more on how to cancel here), or by such other means as we may provide from time to time. We will attempt to process all cancellation requests within 72 hours after we receive your request. If you terminate your paid subscription for Service, your subscription will remain active until the end of your then-current subscription period. Data is retained after cancellation for a period of six (6) days. If you sign back up for our Services after that time frame, your previous data will not be available.
  2. Refund Policy.
    (i) Our fees and charges are non-refundable.
    (ii) If you choose to cancel your subscription within your trial period, you will not be charged for the subscription. Your Services will expire within four days from the cancel date, and the Mymee App will log you out.
    (iii) If you terminate your paid subscription for our Service after the trial period, your subscription will remain active until the end of your subscription period, no subsequent charges will be processed after the subscription period ends.
  3. Subscriptions through Business Customers. For Business Services Users, the Business Customer paying for your subscription may determine your access to the Services and may control the account through which you access your subscription (which may be different from your personal account). If your subscription was originally provided by a Business Customer but you are no longer eligible to receive such benefit from the Business Customer, it is also possible that your account with us will terminate and you will have to sign up for a new account. You agree that we will not be liable to you for any termination or cancellation of your access to, or use of, our Services that were originally provided to you by a Business Customer.
  4. Modifications. We reserve the right to revise the terms of our fees, charges, cancellation and refund policies, upon reasonable advance notice communicated to you through a posting on the Website and/or Mymee App or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). Any changes made will apply to all subscriptions created or renewed after the date such change was implemented.
  5. USER ACCOUNT AND SECURITY

In connection with your use of certain features of the Services, you will be required to complete questionnaires from time to time. You represent and warrant that all information you provide in response to questionnaires or otherwise in connection with your use of the Services will be current, complete and accurate. As a user of the Services, you are entirely responsible for maintaining the confidentiality of your account information. You may not use the account or username of any other person at any time. You must notify us immediately in the event of you know or or suspect any unauthorized use of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s account information.

You are also entirely responsible for any and all activities which occur under your account. We will not be liable for any loss that you incur as a result of someone else using your account, either with or without your knowledge. You may also be held liable for any losses incurred by us, or our, officers, directors, employees, consultants, agents or representatives due to someone else’s use of your account.

As a subscriber to our Services, you further agree as follows:

  1. Subscription Data. For purposes of your use of the Services including identification and billing, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process to the Services (“Subscription Data”). We collect different data depending on whether you are a Personal Service User or Business Service User. Please refer to our Privacy Policy and HIPAA Notice for more detailed information on the types of information we collect. You agree to maintain and promptly update the Subscription Data and any other information you provide to us to keep it accurate. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your account or subscription and refuse any and all current or future use by you of our Services (or any portion thereof). You are obligated to check whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data.
  2. One Account Per User. You agree not to subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on our Website. If your subscription is revoked for any reason (other than in cases where you are switching from being a Business Service User to a Personal Service User or vice versa), you agree not to register or subscribe again with our Services using another person’s name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under these Terms & Conditions or by law.
  3. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM MYMEE & BUSINESS CUSTOMERS
  4. Legal Communications. We may send the following to you by email or posting them on the Website and/or the Mymee App: these Terms & Conditions, including legal disclosures; future changes to these Terms & Conditions, Privacy Policy, HIPAA Notices, and other notices, legal communications or disclosures and information related to the Services. Such communications are part of the Services; you cannot opt out of receiving them.
  5. Service Announcements. In using the Services, you may receive periodic electronic communications from Mymee regarding the Services, and other information regarding the Website and/or the Mymee App. Such communications are part of the Services; you cannot opt out of receiving them.
  6. Promotional Communications. You may also receive communications about new product offers, other promotions or other materials Mymee believes might be of interest to you. You can opt-out of receiving these promotional messages at any time by following the unsubscribe instructions contained in each message.
  7. Withdrawing Your Consent. If you decide that you do not want to receive future communications electronically, please send an email to unsubscribe@mymee.com. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms electronically signed by you prior to the effective date of your withdrawal. If you withdraw your consent to receive communications electronically, we may terminate your account and/or access to the Service (or any part thereof).
  8. LIMITED LICENSE

Subject to your continued compliance with the Terms & Conditions, including without limitation the timely payment of all applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to access and use our Services and the Mymee App (by downloading and installing the Mymee App, including any updates and bug fixes). Your use is limited for your personal, noncommercial use only.

No portion of the Services may be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of Mymee. Furthermore, except for the limited rights granted in this Section, you will not (and will not encourage or assist any third party to): (i) modify, alter, tamper with, repair or otherwise create derivative works of the Services or any software or technology included in or used or distributed by Mymee to provide the Services; or (ii) reverse engineer, disassemble or decompile the Services, or (iii) attempt to discover or recreate the source code for the Services.

  1. RESTRICTIONS ON USE OF CONTENT

You acknowledge that our Services may contain content, information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials, including nutritional information contributed to the Food Database (as hereinafter defined) (collectively, “Content”) that may be protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on the Services are trademarks of their respective owners.

Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on our website or Public Forums. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, phone, tablet or any other mobile device, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other applications or networked computer environment is strictly prohibited unless you receive our prior written consent.

We may at any time suspend your use of the Services and/or remove or disable any Content as to which we reasonably and in good faith believe is in violation of any of these Terms & Conditions. We will provide you with notice of any such suspension or disablement before its implementation unless such suspension or disablement is necessary to comply with legal process, regulation, order or prevent imminent harm to the Services or any third party, in which case we will notify you to the extent allowed by applicable law of such suspension or disablement as soon as reasonably practicable thereafter.

  1. AUTOIMMUNE DATABASE AND DISCLAIMER

Mymee maintains an autoimmune database that contains a combination of information entered directly by Mymee and pictures with other information notes provided by Mymee’s Services users (“Database”). Any Services user can contribute pictures with autoimmunity-related information to the Database. All such pictures and accompanying notes become the property of Mymee. We have no obligation to maintain or return such pictures and/or notes.

  1. HEALTH AND MEDICAL SERVICE DISCLAIMER

WE PROVIDE A DIGITAL HEALTH PROGRAM. OUR SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED BY YOUR SUBSCRIBING TO OUR SERVICES. USE OF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911.

  1. Not Medical Advice. Mymee coaches are not medical professionals. Mymee does not provide medical services or render medical advice. Nothing contained in the Services should be construed as medical advice or medical diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition.

You are urged and advised to seek the advice of your physician or a medical professional with any questions you may have regarding your health before beginning the program offered under our Services. If you are being treated for an illness, taking prescription medication or following a therapeutic diet to treat a disease, you are especially urged to consult with your physician before using the Services. You represent to us (which representation shall be deemed to be made each time you use the Services), that you are not using the Services or participating in [the Program] for the purpose of seeking medical attention. You further agree that, before using the Services, you shall consult your physician, particularly if you are at risk for problems resulting from changes in your diet. If any information you receive or obtain from using the Services is inconsistent with prior medical advice from your physician, you should seek the advice of your physician.

  1. Virtual Coaching Service Disclaimer.  Your coach will assist you in developing skills to help you achieve your health related goals. Mymee may, in its sole discretion, engage or replace any coach with another coach and does not need to obtain your consent to do so.

The services provided by our coaches are not medical, mental health or any other type of health service. Coaching is not psychotherapy or mental health counseling. No diagnosis or treatment of, or advice regarding, any medical or mental health condition or illness will be offered. Coaching cannot substitute for, and is not an alternative to, medical, psychiatric, psychological, psychotherapy or other healthcare diagnosis and treatment if a medical or mental health condition or illness is present. You are advised to seek diagnosis, treatment and advice regarding medical or mental conditions or illnesses from physicians practicing medicine, psychotherapists, psychologists and other licensed healthcare and mental health professionals.

IF MYMEE BECOMES AWARE OF OR SUSPECTS ANY MENTAL CONDITIONS OR ILLNESS, MYMEE MAY, AT ITS SOLE DISCRETION, TERMINATE ALL OR ANY PORTION OF THE SERVICES.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH COACHES WHEN USING THE SERVICES.

  1. RISK ASSUMPTION; YOUR INTERACTIONS WITH OTHERS ON THE WEBSITE AND/THE MYMEE APP

MYMEE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY THAT MAY ARISE FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND/OR PARTICIPATION IN ANY OTHER ACTIVITIES OFFERED IN THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR PARTICIPATION IN ANY MYMEE GROUP OR YOUR INTERACTIONS WITH ANY FACILITATOR OR COACH. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SERVICES.

14. NO WARRANTY; RELEASE FROM LIABILITY.

YOU UNDERSTAND AND AGREE THAT ALTHOUGH THE MYMEE PROGRAM IS HIGHLY EFFECTIVE FOR MANY PEOPLE, THERE CAN BE NO ASSURANCE THAT IT WILL ENABLE YOU TO ACHIEVE ANY PARTICULAR PHYSICAL OR HEALTH RELATED OBJECTIVES. YOU HEREBY RELEASE AND DISCHARGE THE COMPANY, ITS OFFICERS, DIRECTORS, STOCKHOLDERS, AGENTS AND REPRESENTATIVES (INCLUDING WITHOUT LIMITATION, YOUR HEALTH COACH) FROM ANY AND ALL CLAIMS, SUITS, DAMAGES, DEMANDS, ACTIONS AND CAUSES OF ACTION RELATING TO THE PROGRAM.

YOU UNDERSTAND AND AGREE THAT THE CANCELLATION OR TERMINATION OF YOUR SUBSCRIPTION IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH US.

  1. INTELLECTUAL PROPERTY
  2. Software. You acknowledge and agree that the Services and the Mymee App and all intellectual property rights associated with them are and shall remain Mymee’s property (or, where applicable, its licensors). Furthermore, you acknowledge and agree that the source and object code of the Website and/or Mymee App and the format, directories, queries, algorithms, structure and organization of the Website and/or Mymee App are the intellectual property and proprietary and confidential information of Mymee and it’s licensors and suppliers. Except as expressly stated in these Terms & Conditions, you are not granted any intellectual property rights in or to the Services or the Mymee App by implication, estoppel or other legal theory, and all rights in and to the Services or the Mymee App not expressly granted in these Terms & Conditions are hereby reserved and retained by Mymee.
  3. Trademarks.  Mymee, Mymee.com, and the Mymee logo (collectively, the “Mymee Marks”) are trademarks or registered trademarks of Mymee, Inc. Neither your use of the Services, nor these Terms & Conditions, grants you any right, title or interest in or to, or any license to reproduce or otherwise use, the Mymee Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the Mymee Marks generated as a result of your use of the Services will inure to the benefit of Mymee, Inc., and you agree to assign, and hereby do assign, all such goodwill to Mymee, Inc. You shall not at any time, nor shall you assist others to, challenge Mymee’s right, title, or interest in or to, or the validity of, the Mymee Marks.
  4. Copyrighted Materials; Copyright Notice.All content and other materials available through the Website, the Services or the Mymee App, including without limitation the Mymee logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are owned by Mymee. Except as explicitly provided, neither your use of the Services nor these Terms & Conditions grant you any right, title or interest in or to any such content or materials.
  5. Copyright Complaints.  We respect the intellectual property of others, and we ask our subscribers to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any subscriber to use our Services (or any part thereof) who infringes the intellectual property rights of others.
  6. INDEMNIFICATION

Without limiting any indemnification provisions of these Terms & Conditions, you agree to indemnify, hold harmless and, at our option, defend Mymee and our respective officers, directors, members, employees, stockholders, managers, agents and representatives (collectively, “Mymee Indemnified Parties”) from any and all third party claims, actions, demands, causes of action, liability, damages and/or costs (including, but not limited to, reasonable attorneys’ fees and expenses) (collectively, “Claims”) arising from (i) your improper use of the Mymee App, (ii) your violation of these Terms & Conditions, (iii) your provision to Mymee or to any of the Indemnified Parties of inaccurate information of any kind (iv) your infringement or alleged infringement, or the infringement or use (or alleged infringement or alleged use) by any other person using of your account, of any intellectual property or other right of any person or entity, or (v) your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation.

The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.

  1. GOVERNING LAW AND VENUE

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of the Services, the Mymee App or these Terms & Conditions shall be filed only in the state or federal courts located in Delaware County in the State of Delaware and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

  1. TERM AND TERMINATION
  2. Termination.  These Terms & Conditions will remain in full force and effect while you use our Services (including our Website and Mymee App). We have the right to terminate your use of, or access to, the Service in accordance with these Terms & Conditions.
  3. Effect of Termination; Survival. Termination of your Subscription automatically terminates all rights and licenses granted to you under these Terms & Conditions, including your right to use the Services, except that all terms that by their nature may survive termination shall be deemed to survive such termination (including, without limitation, intellectual property, disclaimers, limitations of liability, indemnification, User Content licenses, governing law and venue). Subsequent to termination, Mymee reserves the right to exercise whatever means it deems reasonable to prevent your unauthorized use of the Services, including without limitation, technological barriers such as IP blocking and direct contact with your Internet Service Provider.
  4. MISCELLANEOUS TERMS

If any provision of these Terms and Conditions shall be found by a court of competent jurisdiction to be unlawful, invalid, void or voidable, or for any reason unenforceable, the validity and enforceability of the remainder of these Terms & Conditions shall not be affected and the court shall reform any such provision as necessary to make it valid and enforceable. The provisions of this Agreement will, where possible, be interpreted so as to sustain its legality and enforceability.

  1. Entire Agreement.

These Terms & Conditions are the entire agreement between you and us relating to the subject matter herein. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

Last Updated: February 22, 2021

 

MYMEE, INC.
PRIVACY POLICY

Please read this Privacy Policy (this “Privacy Policy”) carefully. To use the Services that Mymee (collectively, “Mymee”, the “Company” “we,” “us,” or “our”) provide, you as a user of the Services must accept this Privacy Policy (“User”, “you”, “your”). If you do not consent to the terms of the Privacy Policy, please do not access or use the Services.

Personal Information. Your privacy is important to Mymee, and Mymee is committed to carefully managing your personally identifiable information (“Personal Information”) in connection with the Services that Mymee provides. “Personal Information” means any information that may be used, either alone or in combination with other information, to personally identify an individual, including, but not limited to, a first and last name, a personal profile, an email address or other contact information. This Privacy Policy describes the information practices for Mymee, including what type of information is gathered and tracked, how the information is used, and with whom the information is shared.

Protected Health Information. Mymee is also committed to protecting the privacy of your protected health information (“Protected Health Information”). “Protected Health Information” is a subset of Personal Information that is information about you, including demographic information, that may identify you and that relates to your past, present or future physical or mental health or condition; related health care services; or related to the past, present, or future payment for the provision of health care to you.

For a description of how we may use and disclose your Protected Health Information to provide our Services, and for other purposes that are permitted or required by law, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), please refer to our HIPAA Notice of Privacy Practices (“HIPAA Notice”). Any conflict between this Privacy Policy and the HIPAA Notice with respect to such submitted Protected Health Information shall be governed by the HIPAA Notice.

This Privacy Policy applies to our Services operated in the United States, and we provide this Privacy Policy to explaining our online information practices and the choices you can make about the way your Personal Information is collected and used in connection with the Services. By using the Website and the Mobile App, you User acknowledges and accepts this Privacy Policy.

Each User’s participation is also governed by our “Terms & Conditions,” which must be accepted and agreed to by each User prior to using the Website and the Mymee App. Unless we define a term in this Privacy Policy, all capitalized terms used in this Privacy Policy have the same meanings set forth in our Terms & Conditions. This Privacy Policy also applies to User’s use of interactive features or downloads that: (i) Mymee owns or controls; (ii) are available through the Website or the Mymee App; or (iii) interact with the Website (including through social media) and/or the Mymee App.

Jurisdictional Issues

We provide our Services only to persons in the United States. Accordingly, this Policy, and our collection, use, and disclosure of your Personal Information (as defined below) is governed by U.S. law. We do not represent or warrant that the Application or our Services or any functionality or feature thereof, is appropriate or legally available for use in any particular jurisdiction. By using the Application and submitting any Personal Information from outside the United States, you acknowledge that the Services are subject to U.S. law and consent to the transfer of your Personal Information to the United States.

Information That Mymee Collects

Personal Information. It is our intention to give you as much control over your Personal Information as possible to preserve your privacy, while still allowing us to utilize that Personal Information in the course of our business to provide you a valuable service.

Consent and Modification. By using the Service, you consent to the terms of this Privacy Policy and to our processing of Personal Information for the purposes set forth herein. We reserve the right, at our discretion, to change this Privacy Policy at any time, which change shall become effective upon our posting on the Website, the Mymee App, or sending you an email or other notification. You will be deemed to have agreed to changes to this Privacy Policy by your decision to continue accessing the Mymee App or the Website or otherwise using any of the Services following the date in which such changes Additional Terms become effective.

Receipt and Collection of Information. We collect Personal Information from uUsers. In each case, you will only be required to provide the Personal Information that we need in order to be able to provide the sServices you have requested.

In particular, we receive and/or collect Personal Information from you in the following ways: Mymee may collect and process Personal Information when User registers for or uses the Services and/or uses the Website and/or the Mymee App, interacts with the Website and/or the Mymee App, use any aspects of our Services or otherwise contacts Mymee. Mymee may collect and process certain Personal Information from Users such as the User’s name, telephone number, e-mail address, mailing address, telephone number, username, and password. Mymee uses the Users’ Personal Information that Mymee collects for the following general purposes: to fulfill a User’s request for use of certain features of the Website and/or the Mymee App, to conduct surveys, and for Mymee’s billing purposes. Mymee may also collect and process Personal Information relating to User’s use of Mymee’s Services and any details of any e-mail correspondence or any other social media interactions that User has with Mymee. Mymee will collect only as much Personal Information as Mymee needs for the purposes specified in this Privacy Policy, for purposes specified at the time of collection of the Personal Information, or for other purposes that you consent to in the future.

Mymee provides User the option, at User’s sole election, to upload a profile picture image that is viewable by healthcare coaches. User may delete User’s profile picture at any time by logging into the Mymee App and visiting the profile settings page.

Personal Health Information. Mymee will ask for health and medical data (such as the previous doctors, dentists or other health care providers you visited, your reason for visiting those providers, your date of visiting providers, your medical history and condition, past and current medications, and other medical and health information you choose to share with us). If you communicate with us by, for example, e-mail, telephone or letter, any information provided in such communication may be collected as Personal Information or Personal Health Information. 

Mymee may also obtain your personal health information from your health care provider upon User’s request and prior approval.

Demographic & Non-Identifying Information.  Mymee may collect and process demographic information from or about User on the Website or on the Mobile App from time to time, such as information about User’s gender, age, country, and zip code (“Demographic Information”). Mymee may collect this information through various forms and in various places on the Website and/or the Mymee App, including account registration forms, contact forms, or when User otherwise interacts with the Website and/or the Mymee App. To the extent that Mymee combines any non-personally identifiable Demographic Information with User’s Personal Information that Mymee collects directly from User on the Website and the Mymee App, Mymee will treat the combined data as Personal Information under this Privacy Policy.

Mymee also collects data about User, including about User’s health indicators, and related information that does not identify User and that enables User to fully participate in the Service.

Information Mymee Collects or Stores as User Accesses and Uses the Website and Service

In addition to any Personal Information or other information that User choose to submit to Mymee via Mymee’s Website, Mymee and Mymee’s third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever User visits or interacts with the Website and/or the Mymee App (“Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to User’s personal computer, browser, laptop, tablet, mobile phone or other device (a “Device”) whenever User visits or interacts with Mymee’s Website and/or the Mymee App. To the extent Mymee associates Usage Information with User’s Personal Information Mymee collects directly from User on the Website, Mymee will treat it as Personal Information.

This Usage Information may include:
• User’s IP address, Unique Device Identifier (“Device Identifier”). A Device Identifier is a number that is automatically assigned to User’s Device used to access the Website, and Mymee’s computers identify User’s Device by its Device Identifier;
• User’s Device functionality (including browser, operating system, hardware, mobile network information);
• User’s Services plan;
• The URL that referred User to Mymee’s Website;
• The areas within Mymee’s Website and/or Mymee App that User visits and User’s activities there, including remembering User, User’s preferences and pages User requested and/or viewed;
• User’s Device location;
• User’s Device characteristics; and
• Certain other Device data, including the time of day, among other information.

Mymee may use various methods and technologies to store or collect Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on User’s Device. The Tracking Technologies that may be used are the following (and subsequent technology and methods later developed which perform a similar function):

  • Cookies. A cookie is a data file placed on a Device when it is used to visit the Website. A Flash cookie (or locally shared object) is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by User to User’s Device. HTML5 cookies can be programmed through HTML5 local storage. Unlike Flash cookies, HTML5 cookies do not require a plug-in. Regular cookies may generally be disabled or removed by tools that are available as part of most commercial browsers, and in some but not all instances can be blocked in the future by selecting certain settings. Each browser User uses will need to be set separately and different browsers offer different functionality and options in this regard. Also, these tools may not be effective with regard to Flash cookies or HTML5 cookies. For information on disabling Flash cookies go to Adobe’s web site www.adobe.com. Please be aware that if User disables or removes cookies, Flash cookies, or HTML5 cookies on User’s Device, some parts of Mymee’s Website, Mymee App and/or Services may not function properly, and that when User revisits Mymee’s Website, Mymee App and Services User’s ability to limit cookies is subject to User’s browser settings and limitations.
  • Web Beacons. Small graphic images or other web programming code called “web beacons” (also known as “1×1 GIFs” or “clear GIFs”) may be included in pages and messages of our Website, Mymee App and Services. Web beacons may be invisible to User, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Website and , Mymee App and Services, to monitor how users navigate the Website and , Mymee App and Services, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
  • Embedded Scripts. An embedded script is programming code that is designed to collect information about User’s interactions with the Website and/or the, Mymee App and Services, such as the links the User clicks on. The code is temporarily downloaded onto User’s Device from Mymee’s web server and/or the Mymee Mobile App or a third party service provider, is active only while User is connected to the Website and/or Mymee App, and is deactivated or deleted thereafter.
  • ETag, or entity tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the User consumer blocks HTTP, Flash, and/or HTML5 cookies.

Mymee may use Tracking Technologies for a variety of purposes, including:

  • Strictly Necessary. Mymee may use cookies or other Tracking Technologies that Mymee considers is strictly necessary to allow User to use and access Mymee’s Website, the Mymee App and/or the Services, including cookies required for system administration, to prevent fraudulent activity.
  • Performance Related. Mymee may use cookies or other Tracking Technologies that are useful in order to assess the performance of the Website, Mymee App and Services, including as part of Mymee’s analytic practices or otherwise to improve the content, products or services offered through the Website, Mymee App and Services.
  • Functionality Related. Mymee may use cookies or other Tracking Technologies that are required to offer Users enhanced functionality when accessing the Website, including identifying User when User sign in to Mymee’s Website or keeping track of User’s specific preferences, including in terms of the presentation of content on Mymee’s Website.

Mymee obtains User’s consent to Mymee’s information storage or collection Tracking Technologies by providing User with transparent information in Mymee’s Privacy Policy and providing User with the opportunity to make a choice to disable cookies as set forth above. Please note that Mymee is not required to obtain User’s consent to the information collection Tracking Technologies identified above that are is strictly necessary. User has the right to object to other uses of information storage or collection technologies.

There may be other Tracking Technologies now and later devised and used by Mymee in connection with the Website, Mymee App and Services. Further, third parties may use Tracking Technologies with Mymee’s Website.

Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party web sites or online services (e.g., browser do not track signals). Currently, Mymee does not monitor or take any action with respect to these signals or other mechanisms.

Information Third Parties Provide About User

Mymee may, from time to time, supplement the information Mymee collects directly from User at the Website, Mymee App and through Services with outside records from third parties for various purposes, including to enhance Mymee’s ability to serve User, to tailor Mymee’s content to User and to offer User opportunities that may be of interest to User. To the extent Mymee combines any non-personally identifiable information Mymee receives from those sources with User’s Personal Information Mymee collect on the Website, Mobile App and Services, it will be treated as Personal Information and Mymee will apply this Privacy Policy to such combined information, unless Mymee has disclosed otherwise.

Interactions with Third-Party Websites

The Website, Mymee App and Services may include functionality that allows certain kinds of interactions between the Website, Mymee App and Services and User’s account on a third-party web site or application. The use of this functionality may involve the third-party operator providing certain information, including Personal Information, to Mymee. For example, when User registers with the Website and/or Mobile App, User may have an option to use User’s Facebook, Google or other account provided by a third-party site or application to facilitate the registration and log-in or transaction process on the Website, Mymee App and Services or otherwise linked accounts. If Mymee offers and User chooses to use this functionality to access Mymee’s Website, Mymee App and Services, the third-party site or application may send Personal Information about User to the Website and/or Mymee App. If so, Mymee will then treat it as Personal Information under this Privacy Policy, since Mymee is collecting it as a result of User’s use of accessing of and interaction on Mymee’s Website or the, Mymee App and/or Services. In addition, Mymee may provide third-party sites’ interfaces or links on the Website, Mymee App and Services to facilitate User’s sending a communication from the Website, or the Mymee App. For example, Mymee may use third parties to facilitate emails, text messages, blog postings, tweets or Facebook postings. These third parties may retain any information used or provided in any such communications or other activities and these third parties’ practices are not subject to Mymee’s control or Privacy Policy. Mymee may not control or have access to User’s communications through these third parties. Further, when User uses third-party sites or services, User is using their services and not Mymee’s services and they, not Mymee, are responsible for their practices. User should review the applicable third-party privacy policies before using such third-party tools on Mymee’s Website.

How Mymee Uses the Personal Information

Except as set forth in this Privacy Policy or as specifically agreed to by User, Mymee will not disclose any information Mymee gathers from User on Mymee’s Website, Mymee App and/or through the Services. Except as set forth in this Privacy Policy, Mymee does not share User’s Personal Information or Personal Health Information with third parties.Mymee may provide to third parties information about User that does not allow User to be identified or contacted, including where such information is combined with similar information of other users of Mymee’s Website, Mymee App and Services. For example, Mymee might inform third parties regarding the number of unique users who visit and/or use Mymee’s Services, the demographic breakdown of the registered users of Mymee’s Services, or the activities that users engage in while on Mymee’s Website and/or Mymee App.

Because certain information does not personally identify you (“Non-Personal Information), we may use and disclose Non-Personal Information for any purpose. In some instances, we may combine Non-Personal Information with Personal Information (such as combining your zip code with your name, or with your name together with a medical condition). If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is so combined.

In connection with the Business Services, the Business Customer may disclose certain Personal Information to Mymee.

Mymee may use User’s information that Mymee collects about User:

  • to contact User occasionally to inform User of new Services features, or news or articles Mymee thinks will be of interest to User. Mymee may send User regular updates on issues Mymee thinks will be of interest to User;
    • to contact User with regard to User’s use of the Services and, in Mymee’s discretion, changes to the Services and/or our Service policies;
    • for internal business purposes, such as quality assessment, data analysis, audits, developing new products, enhancing the Mymee Application, improving our Services, identifying usage trends, developing tools which help us or you assess the impact of behavioral or environmental factors, the performance of medications and/or supplements, conduct training programs, and determining the effectiveness of our promotional campaigns; and
    • for purposes disclosed at the time User provides User’s information or as otherwise set forth in this Privacy Policy;
    • to provide User with information or Services or process transactions that User has requested or agreed to receive including to send User electronic newsletters;
    • to provide User with marketing materials or relevant advertising, promotions and recommendations from Mymee or our business partners;
    • to enable User to participate in a variety of the Service features;
    • to process User’s account registration, including verifying User’s information is active and valid;
    • to ensure that content on ourthe Website and the Mymee App is presented in the most effective manner for User and for User’s computer or mobile device;
    • to provide User with information relating to any events held by Mymee-, where User has consented to be contacted for such purposes; and
    • to provide User with access to User’s personal account.

User can always opt out of utilizing the Service, and accordingly opt out of Mymee’s use of User’s Personal Information, by sending an email to unsubscribe@mymee.com.

How and When Does Mymee Disclose Information To Third Parties?

Mymee may share aggregated anonymized Personal Information associated with User’s name that is collected or generated at the Website, Mobile App or through the Services.
Personal Information may occasionally be transferred to third parties who act for Mymee for further processing in accordance with the purposes for which the data was originally collected or for purposes to which User has subsequently consented. For example, sometimes a third party may have access to User’s Personal Information in order to support Mymee’s information technology or to handle mailings on Mymee’s behalf. If Mymee transfers User’s Personal Information to an outside agent or organization for such purpose, Mymee will take appropriate measures in an effort to protect User’s privacy and the Personal Information Mymee transfers.

Mymee may, in Mymee’s sole discretion, share or transfer Personal Information where permitted or required by law, to comply with legal process, to interact with anti-fraud databases, to protect User’s vital interests, to protect the security or integrity of Mymee’s databases or the Website and the Mymee App, to enforce the Terms & Conditions or protect Mymee’s the business or reputation of Mymee and/or its Business Customers, to take precautions against legal liability, to protect and defend Mymee’s the rights or property of Mymee and/or that of its Business Customers, for required institutional risk control, or for resolving disputes, or inquiries or complaints with respect to User’s use of the Website, Mymee App and Services.

Mymee reserves the right to disclose and transfer all Personal Information: (i) to an operator of the Website or Mymee App or applicable database provided such entity agrees to be bound by the terms and conditions of this Privacy Policy hereof to the extent applicable; or (ii) to a successor in interest of Mymee in connection with a merger, consolidation, restructuring, change of control, the sale of substantially all of Mymee’s interests and/or assets or other organizational change, including, during the course of any due diligence process, provided such successor entity agrees to be bound by the terms and conditions hereof.

What About Information User Discloses Publicly Or To Others?

Use of Anonymous Information. We may use Anonymous Information (as defined below), or disclose it to third party service providers, to provide and improve the Service. We may also disclose Anonymous Information (with or without compensation) to third parties, including advertisers and partners, for purposes including, but not limited to, targeting advertisements. “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about use of the Service.

Access/Accuracy. To the extent that you do provide us with Personal Information, we wish to maintain accurate Personal Information. If you would like to delete or correct any other of your Personal Information that we may be storing, you may submit a request to us by sending an email to support@mymee.com. Your email should include adequate details of your request.

Collection of Information by Third-Party Websites. We may use a reputable third party to present or serve advertisements that you may see on the Service. These third-party ad servers may use cookies, web beacons, clear gifs or similar technologies to help present such advertisements, and to help measure and research the advertisements’ effectiveness. The use of these technologies by these third-party ad servers is subject to their own privacy policies and is not covered by our Privacy Policy.

Links to Other Websites. The Service may contain links to third party websites that are not owned or controlled by us. We are not responsible for the privacy practices or the content of such other third-party websites, and you visit them at your own risk.

Security. The security of your Personal Information is important to us. We follow generally accepted industry standards, including the use of appropriate administrative, physical and technical safeguards, to protect the Personal Information submitted to us. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect Personal Information, we cannot guarantee its absolute security or confidentiality. If you have any questions about security, you can contact us at privacy@mymee.com.

Please be aware that certain Personal Information and other information provided by you in connection with your use of the App may be stored on your device (even if we do not collect that information). You are solely responsible for maintaining the security of your device from unauthorized access.

Merger, Sale or Bankruptcy. If we are acquired by or merged with a third-party entity, or if we are subject to a bankruptcy or any comparable event, we reserve the right to transfer or assign Personal Information in connection therewith.

Notice to California Residents
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit: CCPA notice-for-California-residents.

California Online Privacy Protection Act Notice
On September 27, 2013, California enacted A.B. 370, amending the California Online Privacy Protection Act to require website operators like us to disclose how we respond to “Do Not Track Signals”; and whether third parties collect personally identifiable information about users when they visit us.

(1) We do not track users, who do not interact with its sharing functionality across the web, and therefore do not use “do not track” signals.
(2) We do not authorize the collection of personally identifiable information from our users for third party use through advertising technologies without separate member consent.

California Civil Code Section 1798.83 also permits our customers who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@mymee.com. Please note that we are only required to respond to one request per customer each year.
Personal Information Access and Corrections

If you would like to review or update your Personal Information that has been previously provided to us, you may do so by logging into your account within the Application. We will try to comply with your request to update your Personal Information as soon as reasonably practicable. We are not responsible for changing information from the databases of third parties with whom we have already shared your Personal Information. 

As a registered user of the Services, you can modify some of the Personal Information you have included in your profile or change your username by logging in and accessing your account. Upon your request, we will use commercially reasonable efforts to delete your account and the Personal Information in your profile; however, it may be impossible to remove your account without some residual information being retained by us, and we may be required by law or our agreement with your health plan to retain certain information.

Business Transitions

In the event Mymee goes through a business transition, such as a merger, acquisition by another organization, or sale of all or a portion of its assets, User’s Personal Information might be among the assets transferred. User will be notified via this Website of any such change in ownership or control of User’s Personal Information.

How can I get more information about the Privacy Policy?

If User has questions or concerns about the Privacy Policy, User can contact Mymee at privacy@mymee.com or by regular mail at:  Mymee Inc., 101 Avenue of the Americas, 3rd Floor, New York New York 10013.

Please note that e-mail communications are not always secure; so please do not include health information, credit card information or other sensitive information in your e-mail messages to us.

Updates/Modifications

Mymee reserves the right to amend this Privacy Policy at any time as needed with notice provided to User. Changes will take effect upon User’s acceptance of the modified terms and User’s continued use of the Website, Mymee App and/or Services.

Last Updated: February 22, 2021

 

 

 

HIPAA Notice

MYMEE, INC.
NOTICE OF PRIVACY PRACTICES

THIS NOTICE DESCRIBES HOW YOUR MEDICAL INFORMATION MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

This Notice of Privacy Practices is mandated by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). It describes how we may use and disclose your protected health information to carry out treatment, payment or health care operations and for other purposes that are permitted or required by law. It also describes your rights to access and control your protected health information. “Protected health information” is information about you, including demographic information, that may identify you and that relates to your past, present or future physical or mental health or condition; related health care services; or related to the past, present, or future payment for the provision of health care to you.

We are required to abide by the terms of this Notice of Privacy Practices. We may change the terms of our notice at any time. Any such new notice will be effective for all protected health information that we maintain at that time. Upon your request, you may obtain any revised Notice of Privacy Practices by calling us and requesting that a revised copy be sent to you in the mail or asking for one at the time of your next visit. You acknowledge receipt of this notice by accepting Terms & Conditions for using the Services provided by Mymee.

  1. Uses and Disclosures of Protected Health Information

USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION BASED UPON YOUR WRITTEN CONSENT

Your protected health information may be used and disclosed by Mymee, Inc. and its affiliates (collectively, “Mymee”) and others outside Mymee that are involved in your care and treatment for the purpose of providing health care services to you. Your protected health information may also be used and disclosed as necessary to pay health care bills and to otherwise support the operation of Mymee.

Set forth below are examples of the types of uses and disclosures of your protected health care information that Mymee is permitted to make. These examples are not meant to be exhaustive, but rather to describe for you the types of uses and disclosures that may be made by Mymee,

Payment: Your protected health information may be used, as needed, to obtain payment for your health care services. For example, obtaining approval for a hospital stay may require that your relevant protected health information be disclosed to by our health plan to obtain approval for the hospital admission.

Healthcare Operations: We may use or disclose, as needed, your protected health information in order to support the normal business activities of Mymee. Examples of these activities include, but are not limited to, quality assessment activities, employee review activities, training, licensing, and conducting or arranging for other business activities.

We also may need to share your protected health information with certain of our “business associates” or other third parties that perform various activities (e.g., billing, coordinating care, transcribing records) for Mymee. Whenever an arrangement between Mymee and a business associate involves the use or disclosure of your protected health information, we will have in place the legally required safeguards to protect the privacy of your health information.

USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION BASED UPON YOUR WRITTEN AUTHORIZATION

Other uses and disclosures of your protected health information will be made only with your written authorization, unless otherwise permitted or required by law as described below. You may revoke your authorization, at any time, in writing, except to the extent that Mymee has taken an action in reliance on the use or disclosure indicated in the authorization.

OTHER USES AND DISCLOSURES THAT MAY BE MADE AND TO WHICH YOU MAY AGREE OR OBJECT

In the circumstances listed below, you may agree or object to the use or disclosure of the protected health information in the manner described. In the absence of agreement or objection, Mymee may, using professional judgment, determine whether the disclosure of health information is in your best interest. If such a determination is made, only the protected health information that is relevant to your health care will be disclosed.

Others Involved in Your Healthcare: Unless you object, we may disclose to a member of your family, a relative, a close friend or any other person you identify, your protected health information that directly relates to that person’s involvement in your health care. If you are unable to agree or object to such a disclosure, we may disclose such information as necessary if we determine that it is in your best interests, based on our professional judgment. We may use or disclose protected health information to notify or assist in notifying a family member, personal representative or any other person that is responsible for your care of your location, general condition or death. Finally, we may use or disclose your protected health information to an authorized public or private entity to assist in disaster relief efforts and to coordinate uses and disclosures to family or other individuals involved in your health care.

Emergencies: In an emergency treatment situation, we may have to use or disclose your protected health information in a context in which consent for the release of information has not already been given. If this happens, Mymee will try to obtain your consent to the release of information as soon as reasonably practicable after the delivery of the treatment. If Mymee is required to treat you and has attempted to obtain your consent but is unable to obtain your consent, it may still use or disclose your protected health information to treat you.

OTHER PERMITTED AND REQUIRED USES AND DISCLOSURES THAT MAY BE MADE WITHOUT YOUR CONSENT, AUTHORIZATION OR OPPORTUNITY TO OBJECT

There are other circumstances in which we may have to use or disclose your protected health information, even without your consent or authorization. These situations include:

Communication Barriers: If Mymee attempts to obtain consent from you but is unable to do so due to substantial communication barriers and Mymee determines, using professional judgment, that you would consent to the use or disclosure under the circumstances, we may use and disclose your protected health information.

Disclosure Required By Law: We may use or disclose your protected health information to the extent that the use or disclosure is required by law. The use or disclosure will be made in compliance with the law and will be limited to the relevant requirements of the law. You will be notified, as required by law, of any such uses or disclosures.

Public Health: We may disclose your protected health information for public health activities and purposes to a public health authority that is permitted by law to collect or receive the information. The disclosure will be made for the purpose of controlling disease, injury or disability. We may also disclose your protected health information, if directed by the public health authority, to a government agency that is collaborating with the public health authority.

Communicable Diseases: We may disclose your protected health information, if authorized by law, to a person who may have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading the disease or condition.

Health Oversight: We may disclose protected health information to a health oversight agency for activities authorized by law, such as audits, investigations, and inspections. Oversight agencies seeking this information include government agencies that oversee the health care system, government benefit programs, other government regulatory programs and civil rights laws.

Abuse or Neglect: We may disclose your protected health information to a government authority that is authorized by law to receive reports of child abuse or neglect. In addition, we may disclose your protected health information if we believe that you has been a victim of abuse, neglect or domestic violence to the governmental entity or agency authorized to receive such information. In this case, the disclosure will be made consistent with the requirements of applicable federal and state laws.

Food and Drug Administration: We may disclose your protected health information to a person or company required by the Food and Drug Administration to report adverse events, product defects or problems, biologic product deviations, track products; to enable product recalls; to make repairs or replacements; or to conduct post marketing surveillance, as required.

Legal or Administrative Proceedings or Investigations: We may disclose protected health information in the course of any judicial or administrative proceeding or investigation, in response to an order of a court or administrative tribunal (to the extent such disclosure is expressly authorized), in certain conditions in response to a subpoena, discovery request or other lawful process or request.

Law Enforcement: We may disclose protected health information, so long as applicable legal requirements are met, for law enforcement purposes. These law enforcement purposes include requests: (1) pursuant to legal processes or as otherwise required by law; (2) for limited information for identification and location purposes; (3) pertaining to potential victims of a crime; (4) relating to suspicion that a death has occurred as a result of criminal conduct; (5) in the event that a crime occurs at Mymee; or (6) relating to a medical emergency (not at Mymee) and it is necessary to alert law enforcement regarding a potential crime.

Coroners, Funeral Directors, and Organ Donation: We may disclose protected health information to a coroner or medical examiner for identification purposes, determining cause of death or for the coroner or medical examiner to perform other duties authorized by law. We may also disclose protected health information to a funeral director, as authorized by law, in order to permit the funeral director to carry out his/her duties. We may disclose such information in reasonable anticipation of death. protected health information may be used and disclosed for cadaveric organ, eye or tissue donation purposes.

Threat to Public Safety: Consistent with applicable federal and state laws, we may disclose your protected health information, if we believe that the use or disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public. We may also disclose protected health information if it is necessary for law enforcement authorities to identify or apprehend an individual.

Research. We may use or disclose your protected health information without your consent or authorization if an Institutional Review Board or Privacy Board approves a waiver of authorization for such disclosure.

Information Not Personally Identifiable.  We may use or disclose your protected health information in ways that do not personally reveal your identity.

  1. Your Rights

Set forth below is a statement of your rights with respect to your protected health information and a brief description of how you may exercise these rights.

You have the right to inspect and copy your protected health information. This means you may inspect and obtain a copy of protected health information about you that is contained in a designated record set for as long as we maintain the protected health information. A “designated record set” contains medical and billing records and any other records that Mymee uses regarding your care.

Under federal law, however, you may not inspect or copy the following records: psychotherapy notes; information compiled in reasonable anticipation of, or use in, a civil, criminal, or administrative action or proceeding, and protected health information that is subject to law that prohibits access to protected health information. In some circumstances, you may have a right to review a decision that denies you access to information. Please contact our Privacy Contact if you have questions about access to your health information.

You have the right to request a restriction on the use or disclosure of your protected health information. This means you may ask us not to use or disclose any part of your protected health information for the purposes of treatment, payment or healthcare operations. You may also request that any part of your protected health information not be disclosed to family members or friends who may be involved in your care or for notification purposes as described in this Notice of Privacy Practices. Your request must state the specific restriction requested and to whom you want the restriction to apply. However, Mymee is not required to agree to a restriction that you request. If Mymee believes it is in your best interest to permit use and disclosure of your protected health information, your protected health information will not be restricted. If Mymee does agree to a requested restriction, we may not use or disclose your protected health information in violation of that restriction unless it is needed to provide emergency treatment for you. With this in mind, please discuss any restriction you wish to request in advance with the Privacy Contact listed below.

You have the right to request to receive confidential communications of your protected health information from Mymee by alternative means or at an alternative location. We will accommodate reasonable requests. We also may condition this accommodation by asking you for information as to how payment will be handled or specification of an alternative address or other method of contact. We will not request an explanation from you as to the basis for the request. Please make such requests in writing to our Privacy Officer.

You may have the right to have Mymee amend your protected health information. This means you may request an amendment of protected health information about you in a designated record set for as long as we maintain this information. In certain cases, we may deny your request for an amendment. If we deny your request for amendment, you have the right to file a statement of disagreement with us and we may prepare a rebuttal to your statement and will provide you with a copy of any such rebuttal. Please contact our Privacy Contact below if you have questions about amending your medical record.

You have the right to receive an accounting of certain disclosures we have made, if any, of your protected health information. This right does not apply to all disclosures; in particular, it does not apply to disclosures for purposes necessary to carry out treatment, payment or healthcare operations as described in this Notice of Privacy Practices. It excludes disclosures we may have made to you, you, for a facility directory, to family members or friends involved in your care, or for notification purposes. The right to receive this information is subject to additional exceptions, restrictions and limitations. We also are required to notify you following a breach of your health information, if that information is unsecured.

  1. Electronic Communications

You may always contact us at privacy@mymee.com and choose to communicate with us electronically. However, we warn you that we can make no guarantee that the email will be or will remain encrypted during the data transfer, and that there may be some level of risk that the information in the email could be read by a third party. By communicating with us via email, and, especially by making a request(s) to receive your information via unencrypted email, you acknowledge that you are aware that email is not a secure method of communication, and that you agree to the risks.

  1. Complaints

You may complain to us or to the Secretary of Health and Human Services if you believe your privacy rights have been violated by us. You may file a complaint with us by notifying our Privacy Contact of your complaint. We will not retaliate against you or you for the filing of such a complaint.

You may reach our Privacy Officer at Mymee, Inc., 101 Avenue of the Americas, 3rd Floor, New York New York 10013 or contact us at privacy@mymee.com, and we can provide further information about this Notice and the policies and procedures set forth herein.

Last Updated: February 22, 2021

 

 

CCPA – Notice for California Residents

This Privacy Notice for California Residents supplements the information contained in Mymee Inc’s  Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

Our Website and mobile application collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, Mymee’s website, www.mymee.com (“Website”) and our mobile application, have collected the following categories of personal information from our consumers within the last twelve (12) months:

Personal information does not include:

  • Publicly available information from government records.
  • Deidentified or aggregated consumer information.
  • Information excluded from the CCPA’s scope, like:
    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

Mymee Inc obtains the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete or products and services you purchase.
  • Indirectly from you. For example, from observing your actions on our Website and mobile application.

Use of Personal Information

We may use, or disclose the personal information we collect for one or more of the following business purposes:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
  • To provide, support, personalize, and develop our Website, products, and services.
  • To create, maintain, customize, and secure your account with us.
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
  • To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
  • For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Mymee Inc’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Mymee Inc about our Website users is among the assets transferred.

Mymee Inc will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

Mymee Inc may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. 

We share your personal information with the following categories of third parties:

  • Service providers.
  • Data aggregators.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Company has disclosed the following categories of personal information for a business purpose:

[Category A: Identifiers.]

[Category B: California Customer Records personal information categories.]

[Category C:  Protected classification characteristics under California or federal law.]

[Category D: Commercial information.]

[Category F: Internet or other similar network activity.]

[Category G: Geolocation data.]

We disclose your personal information for a business purpose to the following categories of third parties:

  • Service providers.
  • Data aggregators

Sales of Personal Information

In the preceding twelve (12) months, Company has not sold personal information

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that Mymee Inc disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that Mymee Inc delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

 

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:(855) 822-5868.

  • Emailing us at privacy@mymee.com

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@mymee.com or write us at:

Mymee Inc

Attn: Legal 

101 Avenue of the Americas, 3rd Floor, New York New York 10013.

United States

Changes to Our Privacy Notice

Mymee Inc reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which Mymee Inc collects and uses your information described below and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Website: www.mymee.com

Email: privacy@mymee.com

Mailing Address: Mymee, Inc., 101 Avenue of the Americas, 3rd Floor, New York New York 10013

Last Updated: February 22, 2021