Privacy Policy

1. Introduction

This privacy policy (“Privacy Policy”) of Nemicare, Inc. (“Nemicare,” “Us,” or “We”) sets forth the terms applicable to you (“You” or “Your”) and describes how we collect, use, process, and disclose your personal information, in conjunction with your access to and use of the Nemicare Platform including https://www.nemicare.com (the “Website”) and any application(s), including updates, available on the Website (the “Application”) and also the terms of service that apply to any of the services accessible through any such Application (collectively, the “Services”), plus any information we collect in our capacity as a Business Associate to your health care provider, which is a Covered Entity under the Health Insurance Portability and Accountability Act (“HIPAA”). Your trust is important to us and we’re committed to protecting the privacy and security of your personal information.

2. Information We Collect

There are three general categories of information we collect.

2.1 Information You Give to Us

2.1.1 Information that is necessary for the use of the Nemicare (its Products) Platform. We ask for and collect the following personal information about you when you use the Nemicare Platform. This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services.

• Account Information: When you sign up for a Nemicare Account, we require certain information such as your first name, last name, email address, and date of birth.
• Profile and Offering Information: To use certain features of the Nemicare Platform (such as creating an Offering), we may ask you to provide additional information, which may include your address, phone number, and a profile picture.
• Identity Verification Information: To help create and maintain a trusted environment, we may collect identity verification information (such as images of your government issued ID, passport, national ID card, or driving license, as permitted by applicable laws) or other authentication information.
• Payment Information: To use certain features of the Nemicare Platform (such as creating an Offering), we may require you to provide certain financial information (like your bank account or credit card information) in order to facilitate the processing of payments (via Nemicare Payments).
• Communications with Nemicare and other Users: When you communicate with Nemicare or use the Nemicare Platform to communicate with other Users, we collect information about your communication and any information you choose to provide.

2.1.2 Information You Give to Us. You may choose to provide us with additional personal information in order to obtain a better user experience when using the Nemicare Platform. This additional information will be processed based on our legitimate interest or, when applicable, your consent.

2.1.3 Information We Automatically Collect from Your Use of the Nemicare Platform and Services

When you use the Nemicare Platform, we automatically collect personal information about the services you use and how you use them. This information is necessary for the adequate performance of the contract between you and us, to enable us to comply with legal obligations, and given our legitimate interest in being able to provide and improve the functionalities of the Nemicare Platform and Payment Services.

• Geo-location Information: When you use certain features of the Nemicare Platform, we may collect information about your precise or approximate location as determined through data such as your IP address or mobile device’s GPS to offer you an improved user experience. Most mobile devices allow you to control or disable the use of location services in the device’s settings menu. Nemicare may also collect this information even when you are not using the app if this connection is enabled through your settings or device permissions.
• Usage Information: We collect information about your interactions with the Nemicare Platform such as the pages or content you view, your searches for Offerings, and other actions on the Nemicare Platform.
• Log Data and Device Information: We automatically collect log data and device information when you access and use the Nemicare Platform, even if you have not created a Nemicare Account or logged in. That information includes, among other things, details about how you’ve used the Nemicare Platform (including if you clicked on links to third party applications), IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using the Nemicare Platform.
• Cookies and Similar Technologies: We use cookies and other similar technologies when you use our platform, use our mobile app, or engage with our online ads or email communications. We may collect certain information by automated means using technologies such as cookies, web beacons, pixels, browser analysis tools, server logs, and mobile identifiers. In some cases, we associate the information we collect using cookies and other technology with your personal information. Our business partners may also use these tracking technologies on the Nemicare Platform or engage others to track your behavior on our behalf.

2.1.4 Information We Collect from Third Parties

Nemicare may collect information, including personal information, that others provide about you when they use the Nemicare Platform, or obtain information from other sources and combine that with information we collect through the Nemicare Platform. We do not control, supervise, or respond for how the third parties providing your information process your Personal Information, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.

2.3 Children’s Data

Our websites and applications are not directed to children under 13 and we do not knowingly collect any personal information directly from children under 13. If you believe that we are processing the personal information pertaining to a child inappropriately, we take this very seriously and urge you to contact us using the information provided under the “Contact Us” section below.

3. How We Use Information We Collect

We may use, store, and process personal information to (1) provide, understand, improve, and develop the Nemicare Platform; (2) create and maintain a trusted and safer environment (such as to comply with our legal obligations and ensure compliance with Nemicare Policies); and (3) provide, personalize, measure, and improve our advertising and marketing.

3.1 Provide, Improve, and Develop the Nemicare Platform

We may use the personal information to provide, improve, and develop the Nemicare Platform. We process this personal information for these purposes given our legitimate interest in improving the Nemicare Platform and our Users’ experience with it, and where it is necessary for the adequate performance of the contract with you.

3.2 Create and Maintain a Trusted and Safer Environment

We may use the personal information to create and maintain a trusted and safer environment, such as to:

• detect and prevent fraud, spam, abuse, security incidents, and other harmful activity;
• conduct security investigations and risk assessments;
• verify or authenticate information or identifications provided by you;
• conduct checks against databases and other information sources, including background or police checks, to the extent permitted by applicable laws and with your consent where required;
• comply with our legal obligations;
• resolve any disputes with any of our Users and enforce our agreements with third parties;
• enforce our Terms of Service and other policies; and
• in connection with the activities above, conduct profiling based on your interactions with the Nemicare Platform, your profile information, other content you submit to the Nemicare Platform, and information obtained from third parties.

We process this personal information for these purposes given our legitimate interest in protecting the Nemicare Platform, to measure the adequate performance of our contract with you, and to comply with applicable laws.

3.3 Provide, Personalize, Measure, and Improve our Advertising and Marketing

We may use the personal information to provide, personalize, measure, and improve our advertising and marketing. We will process your personal information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of interest to you.

3.4 SMS Terms for U.S.

For text messaging in the United States, by requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages (“Opting In”) or using a Nemicare arrangement in which Nemicare sends one or more text messages (“Text Message Service”), you accept these SMS Terms for U.S. (“SMS Terms”), consent to the handling of your personal information as described in the Nemicare Privacy Policy, and agree to resolve disputes with Nemicare as described in our Terms of Service. Message and data rates may apply. Carriers and Nemicare are not liable for delayed or undelivered messages.

Opting In. By Opting In to a Text Message Service, you expressly authorize Nemicare to use autodialer or non-autodialer technology to send text messages to the cell phone number associated with your Opt-In. You also authorize Nemicare to include marketing content in any such messages. You do not have to Opt In or agree to Opt In as a condition of purchase. You confirm that you are the subscriber to the relevant phone number, or that you are the customary user of that number, and that you are authorized to Opt In.

About the Text Message Services and Opting Out. Message and data rates may apply. Unless otherwise noted, Text Message Services send multiple, recurring messages. Nemicare may terminate any Text Message Service at any time with or without notice. Text STOP to any promotional message to Opt Out, or update your “Notification” settings on your Nemicare account. For additional help, text HELP in response to a marketing message or contact customer service.

3.5 Your Choices

You have choices on the promotional messages that you choose to receive.

• You can limit the information you provide to Nemicare.
• You can limit the communications that Nemicare sends to you.
• To opt out of marketing emails, click the link labeled “unsubscribe” at the bottom of any marketing email we send you or access the notification settings in your Nemicare Account.
• To revoke permissions to send promotional text messages, text STOP in response to any message.

Please note that even if you opt out of marketing communications, we may still need to contact you with important transactional information about your account, such as activity confirmations or fraud alerts.

4. Sharing & Disclosure

Sharing With Your Consent. Where you have provided consent, we share your information, including personal information, as described at the time of consent, such as when you authorize a third party application or website to access your Nemicare Account or when you participate in promotional activities conducted by Nemicare partners or third parties.

We will disclose your information when:

• You have given us your consent to share or use information about you;
• We believe that we need to share information about you to provide a service that you have requested from us or from your provider;
• We are complying with laws or responding to lawful requests and legal process, or responding in an emergency situation;
• We believe it is necessary to protect our rights and the security of our Platform, or the rights of our customers or partners, or to avoid liability or violations of the law; or
• We may also disclose your information in connection with or during negotiation of any merger, financing, acquisition, or bankruptcy transaction or proceeding involving sale or transfer of all or a portion of our business or assets to another company.

In addition, when sharing certain information protected by HIPAA:

• We share your information with our HIPAA Covered Entity clients who provide you with services, including medical groups, practices, hospitals, health systems, and physicians, specialists, and staff;
• We share your information with third parties that you consent to or direct us to send/receive information to/from;
• We may share your information with our third party vendors, consultants, agents, and other service providers with whom we contract as Business Associates under HIPAA to help us provide or improve the Platform;
• We may disclose your health information to third party vendors in accordance with HIPAA requirements and your providers’ internal privacy practices (see the HIPAA Privacy Rule at 45 C.F.R. section 164.506).

We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other anonymized information for regulatory compliance, industry and market analysis, research, demographic profiling, marketing and advertising, and other business purposes. We may de-identify and aggregate your data for business purposes in accordance with our agreements with our HIPAA Covered Entity Clients (healthcare providers).

5. Other Important Information

5.1 Analyzing Your Communications

We may review, scan, or analyze your communications on the Nemicare Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, analytics, and customer support purposes. These activities are carried out based on Nemicare’s legitimate interest in ensuring compliance with applicable laws and our Terms, preventing fraud, promoting safety, and improving and ensuring the adequate performance of our services.

5.2 Linking Third Party Accounts

You may link your Nemicare Account with your account at a third party social networking service and must comply with the Terms of those sites. Any information you disclose to those sites may be used by those sites. We only collect your information from linked third party accounts to the extent necessary to ensure the adequate performance of our contract with you, to ensure that we comply with applicable laws, or with your consent.

5.3 Third Party Partners & Integrations

The Nemicare Platform may contain links to third party websites or services, such as third party integrations, co-branded services, or third party-branded services (“Third Party Partners”). Nemicare doesn’t own or control these Third Party Partners, and when you interact with them, you may be providing information directly to the Third Party Partner, Nemicare, or both. These Third Party Partners will have their own rules about the collection, use, and disclosure of information. We encourage you to review the privacy policies of the other websites you visit.

6. Your Rights

You may exercise any of the rights described in this section by sending an email to sales@nemicare.com. Please note that we may ask you to verify your identity and request before taking further action on your request.

6.1 Managing Your Information

You may access and update some of your information through your Account settings. If you have chosen to connect your Nemicare Account to a third-party application, you can change your settings and remove permission for the app by changing your Account settings. You are responsible for keeping your personal information up-to-date.

6.2 Rectification of Inaccurate or Incomplete Information

You have the right to ask us to correct inaccurate or incomplete personal information about you (and which you cannot update yourself within your Nemicare Account).

6.3 Data Access and Portability

In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).

Data Retention and Erasure. We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. In certain jurisdictions, you can request to have all your personal information deleted entirely. Please note that if you request erasure, we may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety, and to comply with our legal obligations (for example, tax, legal reporting, and auditing obligations). Residual copies of your personal information may remain in our backup systems for a limited period of time.

6.4 Withdrawing Consent and Restriction of Processing

If we are processing your personal information based on your consent, you may withdraw your consent at any time by changing your Account settings or by sending a communication to Nemicare specifying which consent you are withdrawing. The withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. In some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information.

6.5 Objection to Processing

In some jurisdictions, applicable law may entitle you to require Nemicare not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. Where your personal information is processed for direct marketing purposes, you may at any time ask Nemicare to cease processing your data for these direct marketing purposes by sending an email to sales@nemicare.com.

6.6 Lodging Complaints

You have the right to lodge complaints about our data processing activities by filing a complaint with our Data Protection Officer, who can be reached via the “Contact Us” section below, or with a supervisory authority.

7. Operating Transfers

To facilitate our operations, Nemicare may transfer, store, and process your information within our family of companies, partners, and service providers. Laws may differ from the laws in your residence.

• California & Vermont Residents. Nemicare Payments will not share information it collects about you with its affiliates or third parties (both financial and non-financial), except as required or permitted by your state’s law.
• California Privacy Rights. California law permits Users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those third parties. Nemicare does not share personal information with third parties for their own direct marketing purposes without your prior consent.
• As described above, certain information we collect through the Platform is HIPAA protected health information or otherwise covered by the California Confidentiality of Medical Information Act. Therefore, our practices with respect to the Platform are exempt from the California Consumer Privacy Act (the CCPA).

8. Security

We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls, data encryption, and information access controls. If you know or have reason to believe that your Nemicare Account credentials have been lost, stolen, misappropriated, or otherwise compromised, or in case of any actual or suspected unauthorized use of your Nemicare Account, please contact us following the instructions in the Contact Us section below. These safeguards are intended to secure our system and meet our obligations under the HIPAA Security Standards.

9. Changes to This Privacy Policy

Nemicare reserves the right to modify this Privacy Policy at any time in accordance with this provision. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on the Nemicare Platform and update the “Last Updated” date at the top of this Privacy Policy. We will do our best to notify you (with the updated terms being displayed on-screen or with a link to the updated terms). If you disagree with the revised Privacy Policy, you may cancel your Account. If you do not cancel your Account before the date the revised Privacy Policy becomes effective, your continued access to or use of the Nemicare Platform will be subject to the revised Privacy Policy.

10. Contact Us

If you have any questions or complaints about this Privacy Policy or Nemicare’s information handling practices, you may email us at sales@nemicare.com. Nemicare, Inc., 3860 Holcomb Bridge Road, Peachtree Corners, GA 30092.