(Last Updated: January 2019)
INFORMATION WE COLLECT AND HOW WE COLLECT IT
THE CONSUMER PROVIDES CONSUMER INFORMATION TO US
When the Consumer registers with or otherwise use our Services, the Consumer may give us Consumer Information directly. For instance, when a Consumer registers with our Services, he/she may provide us with his/her name, mailing address, telephone number, email address, date of birth, insurance data (such as his/her insurance carrier and insurance plan), medical data (such as his/her doctors’ names and contact information and medical history) and other information that may help us improve our Services. We may also let the Consumer create a profile that BUDDY CUSTARD users and other third parties can see in a legally compliant manner. We may collect Consumer Information and content that the Consumer chooses to submit in connection with our Services, including in the process of creating or editing his/her account and user profile. Further, we may charge fees for all or part of our Services. To the extent that we charge any such fees, then the Consumer may provide us with certain financial information (such as credit card or bank account numbers) in connection with a Transaction.
If the Consumer chooses not to provide us with any of Consumer Information, the Consumer may still be able to access and use some of our Services, but certain features of our Services that require Consumer Information may not be accessible to the Consumer.
INFORMATION THAT THE CONSUMER GENERATES USING OUR COMMUNICATIONS FEATURES
Our Services may allow a Consumer to communicate or share information with BUDDY CUSTARD as well as other BUDDY CUSTARD users (including healthcare providers). For instance, the Consumer may participate in message boards, post reviews, ratings and public comments, send private messages, chat via text or video with other users and post other content. The Consumer expressly acknowledges and agrees that we may compliantly access in real-time, record and store archives of these communications, comments and other content on BUDDY CUSTARD’s servers to make use of them in connection with our Services.
THIRD PARTIES PROVIDE CONSUMER INFORMATION TO US
We may collect Consumer Information from sources other than the Consumer, such as from social networks (for example, Facebook, Twitter, YouTube, Snapchat, Instagram, among others), other users and our business partners. If a Consumer uses or accesses our Services on or through a social network, then we will receive certain information about the Consumer and his/her friends from the social network automatically. The information that we may receive depends on the social network and the Consumer’s privacy settings. For instance, we may collect some or all of the following of Consumer Information from the social network: the Consumer’s name, profile picture, social network identification number, login email, physical location, gender, birthday, age, other publicly available information and any other information that the Consumer or the social network shares with us.
WE MAY COLLECT CONSUMER INFORMATION USING TECHNOLOGY
When the Consumer uses our Services, we and service providers acting on our behalf may use technology to collect information about the Consumer, including the Consumer’s geographic location, IP address, browser type, ISP, referral and exit pages, clickstream data and information related to the Consumer’s device, such as hardware models and IDs, device type, operating system version, the request type, the content of the Consumer’s request and basic usage information about the Consumer’s use of our Services, such as date and time. We may also collect and store information locally on the Consumer’s device using mechanisms, such as browser web storage and application data caches.
We and service providers acting on our behalf may collect such information through a variety of technical methods, including sending cookies, web beacons, pixel tags and other anonymous identifiers to the Consumer’s device. “Cookies” are pieces of data stored on our computer, mobile phone or other device. A “web beacon” is a type of technology that lets us know if the Consumer visited a certain page or whether the Consumer opened an email. A “pixel tag” is a type of technology placed within a website or email for the purpose of tracking activity, which is often used in combination with cookies. Other “anonymous identifiers” are random strings of characters used for the same purposes as cookies, such as with mobile devices where cookie technology is not available. These technologies help us know that the Consumer are logged in to the Consumer’s BUDDY CUSTARD account, provide the Consumer with features based on the Consumer’s preferences, understand when the Consumer are interacting with our Services, and compile other information regarding the Consumer’s use of our Services.
Please note that, in most cases, the Consumer can stop making the Consumer’s geolocation available to us or remove or block cookies (such as by using the settings in the Consumer’s browser), but doing so may affect the Consumer’s ability to use our Services.
From time to time, we may participate in or use advertising networks, such as third-party advertising servers, advertising agencies, technology vendors and research firms. We may use these third-party advertising networks for marketing, advertising and promotional purposes, as well as to serve advertisements to the Consumer. Advertising networks often gather data about Consumers who view advertisements to make inferences about a Consumer’s interests and preferences, which enables such networks to deliver advertisements directly targeted to the Consumer’s specific interests. This practice is often referred to as “online behavioral advertising.” For example, a third-party advertising network might collect the type of Internet browser the Consumer uses, the type of computer operating system the Consumer uses, the domain name of a websites the Consumer visits, whether or not the Consumer visits specific pages of a website, the location of the Consumer’s Internet service provider’s presence, the date and time of a visit to a website and other interactions between the Consumer and a website.
Some content or applications, including advertisements, on our Services may be served by third parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may collect information about the Consumer when he/she uses our Services. We do not control these third parties’ tracking technologies or how they may be used. If the Consumer has any questions about an advertisement or other targeted content, the Consumer should contact the responsible provider directly.
HOW WE USE CONSUMER INFORMATION
We may use Consumer Information for various lawful business purposes. Among others, these purposes may include using Consumer Information to:
• Provide our Services to the Consumer. For example, we might connect the Consumer to healthcare providers (e.g., via video or voice communications or text or other electronic messaging), help the Consumer make appointments with various healthcare providers, verify information that the Consumer provides to us and provide the Consumer with administrative notices.
• Contact the Consumer and provide the Consumer with information. For example, we might contact the Consumer through telephone, video communications, email, postal, notifications, text messages or other communications to provide the Consumer with Service updates, advertisements or promotional materials, surveys, offers, quotes, personalized information and other information from us or our business partners.
• Analyze, improve and manage our Services and operations. For example, we might obtain feedback regarding our Services to understand and anticipate the Consumer’s needs and preferences, better understand the Consumer’s use of our Services, customize and tailor Service content and advertising, improve our marketing and promotional efforts, engage in statistical analysis and provide feedback or information to our business partners, vendors, advertisers and other third parties.
• For any other related purpose with the Consumer’s consent.
HOW WE DISCLOSE CONSUMER INFORMATION
We may disclose Consumer Information:
• To any person who, in our reasonable judgment, is legally authorized to receive Consumer Information as the Consumer’s agent, including as a result of the Consumer’s business dealings with that person (for example, the Consumer’s attorney);
• To our third-party vendors so that they may provide support for our internal and business operations, including for data processing, data verification, data storage, surveys, research, internal marketing, delivery of promotional and marketing materials and our Services’ maintenance and security;
• To fulfill the purpose for which the Consumer provides it;
• To healthcare providers with whom the Consumer chooses to interact with or otherwise contact on or through our Services;
• To insurance providers that the Consumer identifies to us to determine the Consumer’s eligibility and cost-sharing obligations, and otherwise obtain benefit plan information on the Consumer’s behalf;
• With the Consumer’s consent;
• To third parties that are interested in contacting the Consumer or providing offers to the Consumer that may be related to our Services or to products or services that the Consumer may find of interest;
• As required by law or ordered by a court, regulatory or administrative agency;
• As we deem necessary, in our sole discretion, if we believe that the Consumer are violating any applicable law, rule or regulation, or are otherwise interfering with another’s rights or property, including our rights or property;
• If requested by authorities in the event of any act or instance of local, regional, national or international emergency;
• To enforce or protect our legal rights and obligations;
• In connection with a business transfer; and
• To our affiliated companies (for example, companies under common control or management with us).
PROTECTED HEALTH INFORMATION
The combination of Consumer Information with health-related information that the Consumer provides in connection with scheduling an appointment on our Services, or that is created from the Consumer’s use of the appointment feature on our Services, may be considered “Protected Health Information” or “PHI,” which is subject to special rules under the Health Insurance Portability and Accountability Act of 1996 and regulations promulgated thereunder (“HIPAA”), and the Health Information Technology for Economic and Clinical Health Act, Public Law 111-5, and regulations promulgated thereunder (“HITECH”). Any combination of Consumer Information with health-related information that the Consumer provides other than in connection with scheduling an appointment on our Services, or that is created other than from the Consumer’s use of the appointment feature on our Services, is not PHI and is not treated as such by BUDDY CUSTARD or under HIPAA.
Confidential Information (“CI”) means (i) PHI; and (ii) personal information as that term is defined in the Florida Information Protection Act of 2014, Florida Statutes Section 501.171, and regulations promulgated thereunder (collectively, as may be amended from time to time, “FIPA”). CI does not include PHI or personal information, as that term is defined by FIPA, if such information is collected by our Members as part of the professional services they might provide to consumers separately from the Consumer’s use of our Services.
PRIVACY OF THE CONSUMER’S CONFIDENTIAL INFORMATION
HOW WE USE CONFIDENTIAL INFORMATION
AGGREGATION AND DE-PERSONALIZATION
We may take Consumer Information and de-identify it either by combining it with information about other individuals (aggregating Consumer Information with information about other individuals), or by removing characteristics (such as the Consumer’s name) that make Consumer Information personally identifiable to the Consumer (de-identifying Consumer Information). We reserve the right to share, loan, rent, sell or otherwise disclose such information to third parties at any time, for any lawful purpose, without notice or compensation to the Consumer.
CIRCUMVENTION OF SECURITY MEASURES
Please be aware that methods of transmission and electronic storage are not completely secure. We cannot guarantee the privacy or security of Consumer Information or any voice or data transmissions, as third parties may unlawfully intercept or access transmissions or electronic storage. Further, we are not responsible for circumvention of any privacy settings or security measures of our Services. Therefore, a Consumer’s use our Services at the Consumer’s own risk, the Consumer should not expect Consumer Information or voice or data transmissions will always remain private, and we do not guarantee the performance or adequacy of our privacy settings or security measures. In the event that an unauthorized third party compromises our security measures, we will not be responsible for any damages, directly or indirectly, caused by an unauthorized third party’s ability to view, use or disseminate Consumer Information.
A Consumer may provide information (including reviews, ratings, messages and other content) to be published, posted, submitted, transmitted, or displayed (collectively, “posted”) on or through our Services to BUDDY CUSTARD users or other third parties (collectively, including any video or voice communications, “User Contributions”). A Consumer’s User Contributions are posted on our Services at the Consumer’s own risk. We cannot control the actions of other users of our Services with whom the Consumer may choose to share the Consumer’s User Contributions. Therefore, we cannot and do not guarantee that a Consumer’s User Contributions will not be viewed, read, collected or used by unauthorized persons.
DISCLOSURE COMPELLED BY LAW OR GOVERNMENTAL REQUEST
If we (i) become legally compelled by law, process or order of any court or legislative body, or governmental agency to disclose CI; or (ii) receive a request from the Secretary of a governmental agency to inspect our books and records relating to the use and disclosure of CI, we will cooperate with such document. Pursuant to a duly issued compulsion, order or request, we will deliver a true and complete copy of our response thereto, including copies of applicable CI. In the event any CI is seized or removed from our control pursuant to a search warrant or any comparable legal compulsion, we will use reasonable efforts to notify the Consumer’s involved and further, to the extent allowable by law, will use reasonable efforts to keep a record all items and records seized or removed pursuant thereto to us.
CHOICES ABOUT HOW WE USE AND DISCLOSE CONSUMER INFORMATION
We strive to provide each Consumer with choices regarding Consumer Information that the Consumer provides to us. Below are some mechanisms that provide the Consumer with control over certain information:
• “Do Not Track” Signals. Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a “Do Not Track” (“DNT”) or similar feature that signals to websites that a visitor does not want to have his or her online activity and behavior tracked. If a website operator elects to respond to a particular DNT signal, the website operator may refrain from collecting certain personal information about the browser’s user. Not all browsers offer a DNT option and there is currently no industry consensus as to what constitutes a DNT signal. Although BUDDY CUSTARD may respond to DNT signals, many website operators do not proactively respond to DNT signals. For more information about DNT signals, visit http://allaboutdnt.com.
• Communications. If the Consumer does not wish to receive notifications, text messages, alerts, posts, notices, emails or other communications from us, the Consumer can opt-out of receiving such communications from us (other than service-related communications, such as those communications related to the completion of the Consumer’s registration, correction of user data, change of password and other similar communications essential to the Consumer’s transactions on or through our Services) through the Consumer’s account settings or, to the extent applicable, by using the unsubscribe process at the bottom of such communication or by emailing us at info@BuddyCustard.com. Please be aware that it can take up to 30 business days to remove the Consumer from our marketing lists. If the Consumer opts-out from receiving our marketing communications, the Consumer may continue to receive service-related communications, such as communications that are essential to the Consumer’s transactions on or through our Services.
• Accessing and Correcting Personal Information. If a portion of our Services allows the Consumer to create an account with us, then the Consumer can review and update some of Consumer Information by logging into that portion of our Services, visiting the Consumer’s account profile page and making changes.
• Online Behavioral Advertising. Certain third-party advertising networks that deliver behavioral advertising are members of the Network Advertising Initiative (“NAI”). The Consumer can prevent NAI member companies from collecting preference data about the Consumer by visiting http://www.networkadvertising.org/choices/ and following the NAI’s directions. Note that if the Consumer opts-out through the NAI, the Consumer may still receive advertising. In addition, if the Consumer opts-out through the NAI and later deletes the Consumer’s cookies, uses a different browser or buys a new computer, the Consumer will need to renew the Consumer’s opt-out choice.
CONSUMER INFORMATION THAT THE CONSUMER DISCLOSES TO THIRD PARTIES
Our Services may contain links or access to third-party websites, online services or mobile applications. Such third-party websites, online services and mobile applications are beyond our control. We are not responsible for the privacy policies, terms and conditions and other practices and content of such third parties. Any information that the Consumer discloses to third parties will be subject to the privacy policies and practices of such third parties. The Consumer should review the privacy policies and practices of such third parties prior to disclosing information to them. If the Consumer has any questions about how these third parties use Consumer Information, the Consumer should review their policies and contact them directly.
OPERATIONS OF OUR SERVICES IN THE UNITED STATES
Our Services are operated in the United States. Consumer Information may be processed by us in the country where it was collected as well as other countries (including the United States) where laws regarding processing of Consumer Information may be less stringent than the laws in the Consumer’s country. By using our Services or providing us with Consumer Information, the Consumer consent to this transfer and processing.
We do not knowingly collect personally identifiable information from children under 13. If we learn that we have inadvertently gathered personal information from a child under 13, we will take reasonable measures to promptly remove that information from our records.
CHANGING CONSUMER INFORMATION
To the extent required by applicable law, the Consumer may request that we inform the Consumer about Consumer Information that we maintain, and where appropriate, request that we update, correct or suppress Consumer Information that we maintain in our active database. We will make all required updates and changes within the time specified by applicable law, and where permitted under applicable law, may charge an appropriate fee to cover the costs of responding to such request. Please remember, if the Consumer makes such a request, we may not be able to provide the Consumer with the same quality and variety of products and services to which the Consumer is accustomed. Please direct such requests to info@BuddyCustard.com.
THE CALIFORNIA RIGHTS POLICY
Individuals who are residents of California and have provided Consumer Information to us may request certain information regarding our disclosure of Consumer Information to third parties for direct marketing purposes. Such requests must be submitted to us at support@BuddyCustard.com or in writing at: Buddy Custard, Inc. 1451 W. Cypress Creek Road, Suite 300, Fort Lauderdale, FL 33309. California privacy rights requests must include the reference “Request for California Privacy Information” on the subject line and in the body of the message and must include the email address or mailing address, as applicable, for us to send our response. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted other than to the address specified above.