Privacy Policy

Last modified: June 23, 2024

‍

This policy (the “Privacy Policy”) provides information on how Counsel collects, uses, discloses, and protects your information. This Privacy Policy is incorporated into our Terms of Use and tells you what information we collect from visitors and users of the Services, how we use that information, how we may disclose that information, how we protect your information, and your choices regarding your information. Capitalized terms in this Privacy Policy may be defined in the Terms of Use.

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT. IF YOU DO NOT AGREE TO THE PRIVACY POLICY, INCLUDING ANY CHANGES THERETO, THEN YOU MUST NOT ACCESS AND USE THE SERVICES.

1. Health Information

When Counsel collects, receives, or maintains protected health information about you in its capacity as a covered entity under Health Insurance Portability and Accountability Act of 1996, and regulations issued thereunder, as may be amended from time to time (commonly referred to as “HIPAA”), we follow Counsel’s Health Information Privacy Policy , which is incorporated herein. To the extent the terms in this Privacy Policy conflict with or are inconsistent with the Health Information Privacy Policy, the Health Information Privacy Policy shall control.

2. Information We Collect From You

When you register with the Services, we collect information about you, including your name, address, telephone number, contact information and password. Once you have registered, we may collect the following information about you, including:

Your birthdate and certain health information, e.g., your health insurance information, any diagnoses and how long you have been having symptoms.
Professional information, including your company and job title
A profile image, should you provide one.
Information you provide to us, or grant us access to, when you access or use the Services.
Information you provide in public forums through the Services, including using our review, comment, post or similar functionality.
In the event you pay for the Services directly, payment information is provided directly to our payment processing partner.

We will process information collected through the Services in accordance with applicable law, and as described in the Terms of Service and this Privacy Policy. If you do not want to provide us this information, please do not utilize the Services.

Information We Collect Automatically

We may collect certain information through automated means when you use the Services, including the following:

Device and Usage Information, which may include the type of device you are using, your operating system, your browser type, your browser language, your internet service provider, your domain name, your internet protocol (IP) address, your device and mobile ad identifiers, the website that referred you to our website, the web pages you view (including the date and time you viewed them), the services or functionality you access or use (including the date and time of your access or use), and the subject of the ads you click or scroll over.
Location Information, which may include general information about the location of your device based on your IP address or GPS data.
Cookies and Similar Technologies. We and our service providers may use “cookies” and other technologies to collect data that enable us to better understand and improve the usability, performance and effectiveness of our Services. For instance, we may use session cookies (which expire once you close your browser) or persistent cookies (which stay on your mobile device until you delete them) to provide you with a more personal and interactive experience on our Services.
Third-Party Analytics and Advertising. We use third parties’ analytic and tracking tools to better understand who is using the Services, how people are using the Services, how to improve the effectiveness of the Services and its Content, and to help those third parties serve more targeted advertising to you across the Internet or help us serve more targeted advertising to you. Those third-party companies may use cookies, pixel tags or other technologies to collect and store information such as time of visit, pages visited, time spent using the Services, device identifiers, type of operating system used and other website(s) you may have visited. Please note that these parties might combine information they collect from your interaction with the Services with information they collect from other sources. For more information about how to opt out of these third parties’ use of your information, please see “Online Analytics and Advertising” below.
Artificial Intelligence. As described further in the Terms of Use, we may incorporate artificial intelligence programs into our Services that collect and respond to prompts from you. You control what kind of information you input into the artificial intelligence programs. Our artificial intelligence communications with you will be stored in accordance with our record retention policy.

Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Microsoft Edge, Google Chrome, Mozilla Firefox, or Apple Safari). By blocking any or all cookies, you may not have access to certain features or offerings of the Services.

Information We Collect From Third Parties

In some cases, we may receive information from third parties such as your other health care providers, health plans, pharmacy benefit managers or employer group plans.

When you interact with our social media pages, such as by “liking” our page or posting comments or replies to our content, we may collect certain information about you, consistent with your privacy settings on that platform. We also may collect publicly available data, such as from social media sites. If you do not wish for us to collect information from these third parties, please do not interact with us via third-party platforms. We may also collect information about you that you have posted publicly, such as on business networking websites. For a description of how these third parties handle and disclose your information, please refer to their privacy policies and terms of use, which may permit you to modify your privacy settings. We may combine information that we collect from or about you with information about you that we obtain from such social media and other content platforms.

3. How We Use Your Information

AI Technology. We may incorporate AI Technology into our Services. Our service providers include our third-party Large Language Model (“LLM”) partner that powers our AI related health coach/assistant related feature in our Services. AI health coach/assistant creates an experience in the Services by combining your data with the Services to deliver this coaching experience. If you decide to use this feature, please note that the feature leverages third-party AI technology provided by our LLM partner. This technology is trained on real-world data to generate intelligent and personalized responses in conversations with users. Responses are based on your requests and relevant information collected through your data collected through the service. We and our LLM partners may use your data for the purpose of generating responses to your chats improving the quality of our AI models and responses, and personalizing the AI Technology so it can better meet your preferences. We may retain the history of your conversations with the AI health coach/assistant to ensure you continue to have access to previous conversations while using the feature and to improve our services.

We may also use your information for the following purposes:

To provide, operate, administer, and troubleshoot the Services to you, including to create your account, match you with a health professional, and facilitate the delivery of our Services.
To process a payment for a Service that you purchased.
To identify staff, representatives and health professionals in your area.
To respond to your inquiries, including through third-party platforms.
To provide information on products and services you request or have a representative contact you regarding our products or services.
To review customer feedback that you requested or asked us to review.
To analyze usage patterns and performance of our Services and to improve our Services.
To market our Services to you, including, but not limited to, contacting you about new product lines, product updates, details of current and future projects, and quality and technical issues.
To administer surveys and special promotions.
In accordance with applicable legal requirements, to allow us and our advertising partners to personalize your experience when using the Services and on third-party platforms, including through targeted offers and ads on our websites, third-party sites, and via email or text message.
To conduct internal research, reporting, and data analytics.
To enable third parties or agents to help Counsel maintain the Services, analyze how users use the Services, or provide other administrative services to Counsel.
To comply with applicable laws and regulations.
To protect or defend Counsel’s legal rights or property.
To enforce the legal or contractual terms that govern your use of the Services and our products and services.
For other disclosed purposes to which you consent.
As required or permitted by law.

We may also combine information that we collect from you with information we obtain about you from third parties. We may aggregate and/or de-identify any information collected through the Services. We may use de-identified and/or aggregated data for any purpose, including without limitation for research and marketing purposes and to improve users’ experience on the Services, and may also disclose such data to any third parties.

4. How We Disclose Information to Third Parties

From time to time, we may use third parties to provide products, services or otherwise support our business or collaborate with third parties with respect to development, promotion or other business activities related to a particular product or service. As a result, we may disclose information that we collect or you provide to contractors, service providers and other third parties for the purposes of providing the services as outlined above in “What We Do With Your Information, ” provided such third parties have agreed to comply with this Privacy Policy or substantially equivalent terms.

We may also disclose your information to our subsidiaries and affiliates; to a third party in connection with a merger, divestiture, restructuring, reorganization, dissolution, sale or transfer of some or all of our assets or other similar corporate transactions or in connection with a bankruptcy, liquidation or similar proceeding. We may also release your information to third parties as required by law, when we have a good faith belief that disclosure is necessary to comply with legal or regulatory requirements, judicial proceeding, court order or legal process served on us, to protect the safety, rights or property of patients, customers, the public or Counsel or defend Counsel and its officers, directors, employees, attorneys, agents, contractors and partners, in connection with any legal action, claim, or dispute.

If you consent, we may disclose your information publicly or to third parties in certain circumstances, such as if you agree to provide a product or service review and have that content attributed to you.

5. Online Analytics and Advertising

Online Analytics

We may use third-party web analytics services on our Services, such as those of Google Analytics. These vendors use the sort of technology previously described in the “Information We Collect From You” section to help us analyze how users use the Services, including by noting the third-party website from which you arrive. The information collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services. We also use Google Analytics for certain purposes related to advertising, as described in the following section. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on.

Tailored Online Advertising

Our third party advertising partners may place cookies or other tracking technologies on your computer, mobile phone, or other device to collect information about your use of the Services in order to (i) inform, optimize, and serve ads as you browse the web based on past visits to our websites and other sites and (ii) report how our ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our websites and use of our Services. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link or the Digital Advertising Alliance’s Consumer Opt-Out link to opt-out of receiving tailored advertising from companies that participate in those programs. You may also opt out of these activities using the opt out mechanisms described in the “Your Data Rights and Choices” section below.

Please note that you may still receive advertisements even if you opt out of tailored advertising. In that case, the ads will just not be tailored. Also, we do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.

6. Your Data Rights and Choices

Marketing Communications

In accordance with applicable law, Counsel may send you marketing and promotional emails. Ifyou would like to opt out of email marketing, notify us at support@counsel.health or follow theunsubscribe instructions in the email. Please note that even though you may opt-out of receivingmarketing-related communications from us, we may still send you important administrative andtransactional messages (e.g., notifications regarding updates to our legal terms).

Rights Regarding Your Information

Depending on your jurisdiction, you may have the right, in accordance with applicable data protection laws, to make requests related to your “personal information” or “personal data” (as such terms are defined under applicable law, and collectively referred to herein as “personal information”). Specifically, you may have the right to ask us to:

Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we disclose personal information.
Provide you access to and/or a copy of certain personal information we hold about you.
Correct or update personal information we hold about you.
Delete certain personal information we have about you.
Provide you with information about the financial incentives that we offer to you, if any.
Restrict or object to certain uses of your information.
Opt you out of the processing of your personal information for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects, if applicable.

Please note that certain information may be exempt from such requests under applicable law. For example, we need certain information in order to provide the Services to you. We also need to take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name and email address. If we are unable to verify your identity, we may be unable to respond to your requests. To exercise any of these rights, you can email us at support@counsel.health or mail us at 2261 Market Street STE 10348, San Francisco, CA, 94114 with your name and type of request you are making. We will not discriminate against you for exercising these rights.

You may be able to designate an authorized agent to make requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request as permitted by applicable law.

Depending on applicable law, you may have the right to appeal our decision to deny your request, if applicable. We will provide information about how to exercise that right in our response denying the request. You also have the right to lodge a complaint with a supervisory authority.

Notice of Right to Opt Out of Sales of Personal Information and Processing/Sharing of Personal Information for Targeted Advertising Purposes

Depending on your jurisdiction, you may also have the right to opt out of “sales” of your information and “sharing/processing of your information for targeted advertising. ”

As explained in the “Online Analytics and Advertising” section above, we provide information to third-party advertising providers for targeted advertising purposes or use advertising analytics partners to assist us in analyzing use of our Services and our user/customer base. Under applicable law, the disclosure of your personal information to these third parties to assist us in providing these services may be considered a “sale” of personal information or the processing/sharing of personal information for targeted advertising purposes.

As described in our Health Information Privacy Policy, we will not sell your health information without your authorization. To request an opt out of personalized advertising or the sale of other personalized information, contact us at: support@counselhealth.com

7. Do Not Track

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Except as otherwise described herein with respect to legally required browser based opt outs, we do not recognize or respond to browser-initiated DNT signals, as there is no industry-wide framework for DNT signals. To learn more about Do Not Track, you can do so here. Please note that Do Not Track is a different mechanism that the legally-recognized browser-based opt out preference signal mentioned above.

8. Information Security

We seek to safeguard your information and have implemented appropriate security measures consistent with accepted practices in the healthcare industry to protect the confidentiality of your information and limit access to it. However, despite our efforts to protect your information, there is always some risk that an unauthorized third party may find a way around our security systems or that transmissions of your information over the Internet will be intercepted. Unfortunately, we cannot guarantee the absolute security of your information, nor can we guarantee that information that you provide will not be intercepted while being transmitted to us over the Internet. Therefore, we urge you to also take every precaution to protect your information when you are on the Internet or using the Services.

9. Data Retention

We will retain your information for as long as needed for the purposes described in this Privacy Policy. There may be laws that require us to keep your information for specific time periods. If you opt out of email marketing, we maintain your email on our suppression list for an extended time to comply with your request. To dispose of your information, we may anonymize it, delete it or take other appropriate steps. Data may persist in copies made for backup and business continuity purposes for additional time.

10. International Transfers

Personal Information collected from you may be stored and processed in the United States or any other country in which Counsel or its agents or contractors maintain facilities or operations. The data protection laws and regulations applicable to your information transferred to the United States or these other countries may be different from the laws in your country of residence. We take appropriate steps to protect, process, and transfer your information in accordance with this Privacy Policy and applicable law, which may include using standard contractual clauses or other transfer mechanisms.

11. State Laws

You may have rights under state consumer privacy laws, including Colorado, Connecticut, Oregon, Texas, Utah, and Virginia. Please contact us at support@counselhealth.com . if you have questions or would like to exercise a right under these laws.

12. Children’s Privacy

We are committed to protecting the privacy of children. The Services are available for use by children (under 18 years of age) but children are not authorized to create an account and may not use the Services without the supervision and verifiable consent of a parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you understand that as part of the services, we will collect the personal information of the child. Your consent is required for the collection, use, and disclosure of the child’s information. We will not collect your child’s personal information unless you consent via the Informed Consent and by agreeing to this Privacy Policy. However, if you do not give your consent, your child may not use our services. We collect information about the child’s use of the services (as supervised and authorized by a parent or legal guardian), including information sent by the mobile device or computer used by the child (e.g., IP address, unique device identifiers, website usage information, etc.) and information sent by the mobile device(s), and location information. Any health information relating to children will be health information governed by the Health Information Privacy Policy. If a parent or guardian becomes aware that a child under 13 years old has provided information to us without their consent, please contact us at support@counselhealth.com

13. Third Party Websites

Please be aware that our Services may have links to third-party websites that may collect information about you. When you click on one of these third-party links, you are entering another website for which we have no responsibility. This Privacy Policy does not cover the information practices or policies of such third-party websites. We encourage you to read the privacy policies of all such websites since their privacy policies may be materially different than our Privacy Policy.

14. Changes

We may modify the terms of this Privacy Policy. When the Privacy Policy is changed, modified, and/or amended, the revised Privacy Policy will show the updated effective date. If we make a material change to the Privacy Policy, we will provide you with appropriate notice in accordance with legal requirements. For material changes to this Privacy Policy, we will notify you either through the email address you have provided to us or by placing a prominent notice on our website. You should visit this web page periodically to review the Privacy Policy. By continuing to access and use the Services, you are confirming that you have read and understood the latest version of this Privacy Policy.

14. Contact Us

If you have any questions or concerns about your privacy, you may contact us at support@counselhealth.com or mail us at 2261 Market Street STE 10348, San Francisco, CA, 94114.