VW Privacy Policy

PRIVACY POLICY

Please see our Privacy Snapshot below for an overview of our privacy practices. For information on how we handle Consumer Health Information please visit our Consumer Health Data Privacy Policy. We are committed to ensuring that your health information is managed in a manner that respects your privacy rights while adhering to HIPAA regulations.

Vibrant Wellness, LLC (“Vibrant”, “we” or “us”) provides a platform, mobile applications, and related online services (the “Platform”) to help health care providers (each a “Provider”) order lab testing for their patients, personalize patient reports, aid patients in making dietary decisions, and create patient dietary plans (our “Services”). We also operate our website (the “Site”) to promote our Services to current and prospective patients and Providers.
 
This Privacy Policy explains:
  1. How we handle lab test results and other health information that you or your Provider provide to us or access through our Platform (“Patient Information”); and
  2. How we collect, use and share personal information about Providers and visitors to our Site (“Provider and Site Information”).
 
We refer to Patient Information and Provider and Site Information together in this Privacy Policy as “Personal Information.”
 
 
HOW WE COLLECT, USE AND SHARE PATIENT INFORMATION
 
We collect the following categories of Patient Information:
  • Account information, such as the patient’s username and password.
  • Contact details, such as the patient’s first and last name. email address, and phone number.
  • Biographical information, such as the patient’s date of birth, gender, and home address.
  • Medical records and other health-related information, including medical files, information relating to patient treatment and consultations, laboratory tests and results, and any other information patients or Providers provide to us. We may obtain this information from patients, from Providers, from government sources (such as health research databases), and other third parties where authorized by the patient or their Provider (such as from health information exchanges).
  • Billing and payment information that a patient provides to pay for the use of the Services, including payment card information, transaction amount, and transaction history.
  • Information about family members and dependents, including emergency contacts and relevant health and medical records.
  • Communications that we exchange with you, such as when you contact us with questions, feedback or otherwise correspond with us online.
  • Device and usage data, such as your computers or mobile device’s operating system type, browser, network connection, IP address, general location (e.g., city, state or geographic area), and the pages or screens you viewed, access times and duration, and whether you have opened or otherwise engage with our communications.

We use Patient Information to conduct and analyze laboratory tests and results, to contact patients about scheduling and their results, to provide consultation and resources that support the provision of healthcare services to patients, and to support and improve our capabilities and Services.
 
We share Patient Information with the following categories of third parties:
  •  Your Provider. We share Patient Information with your Provider to allow your Provider to discuss your results with you and evaluate and advise you on treatment options.
  • [Research partners. Where permitted by applicable laws, we may share information with research partners, including research institutions, pharmaceutical companies, laboratory testing providers and other parties engaged in clinical trials to facilitate health and medical research.]

 

HOW WE COLLECT, USE AND SHARE PROVIDER AND SITE INFORMATIO

We collect the following categories of Provider and Site Information:

  • Account information, such as the username and password you use to log into your account.
  • Contact details, such as your first and last name, phone number, email address, employer information and National Provider Identifier.
  • Communications that we exchange with you, such as when you contact us with questions, feedback or otherwise correspond with us online.
  • Marketing information, such as your preferences for receiving our communications, and details about how you engage with our communications.
  • Device and usage data, such as your computer’s or mobile device’s operating system type, browser, network connection, IP address, general location (e.g., city, state or geographic area), and the pages or screens you viewed, access times and duration, and whether you have opened or otherwise engage with our communications.
We use Provider and Site Information to operate and administer our Site, Platform and Services, and to promote and develop our business. This includes:
  • Direct marketing. We may send you newsletters and email marketing in accordance with your preferences, and we may tailor our communications with you to accommodate your interests and use of the Services.
  • Interest-based advertising. We may engage third-party advertising partners to display ads promoting our services across the web. We may share Provider and Site Information with advertising partners for these purposes and they may use cookies and similar technologies to collect information about interactions over time across the Internet and use that information to serve online ads that they think will be of interest.

 

USE AND DISCLOSURE OF PERSONAL INFORMATION FOR COMPLIANCE AND BUSINESS PURPOSES
 
In addition to the purposes described above, we may use Personal Information for the following purposes:
  • Research and development. We may use Personal Information for research and development purposes, including to develop aggregated or de-identified statistics, to analyze and improve the Site, Platform, and our Services, to identify usage trends, and to operate and expand our business activities.
  • Compliance and protection. We may use Personal Information to comply with our legal obligations and to defend ourselves against legal claims or disputes, including to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities; protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); audit our internal processes for compliance with legal and contractual requirements and internal policies; enforce the terms and conditions that govern our Services; and prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.
We may also disclose Personal Information to the following categories of third parties in support of the purposes described in this Privacy Policy:
  • Service providers. We may disclose Personal Information to third party companies and individuals that provide services on our behalf or help us operate our Services (such as hosting, information technology, customer support, ecommerce platform, email delivery, and website analytics services).
  • Related companies. We may disclose Personal Information to our affiliates and other commonly owned companies that share our branding for purposes consistent with this Privacy Policy.
  • Professional advisors. We may disclose Personal Information to professional advisors, such as lawyers, auditors, bankers, and insurers, where necessary in the course of the professional services that they render to us.
  • Authorities and others. We may disclose Personal Information to law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above.
  • Business transferees. We may disclose Personal Information to acquirers and other relevant participants in business transactions (or negotiations for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, our business (including, in connection with a bankruptcy or similar proceedings).
 
 
COOKIES AND SIMILAR TECHNOLOGIES
 
Our Site and Platform use the following types of tools to collect device and usage data:
  • Cookies, which are text files that websites store on a visitor‘s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, and helping us understand website user activity and patterns.
  • Local storage technologies, like HTML5, provide cookie-equivalent functionality but can store larger amounts of data, including on your device outside of your browser in connection with specific applications.
  • Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.
For more information, please see the “Online tracking opt out” section below.
 
 
YOUR PRIVACY RIGHTS AND CHOICES
 
Opt-out of marketing communications. You may opt-out of marketing-related emails and other communications by following the opt-out or unsubscribe instructions in the communications you receive from us or by contacting us as provided in the “How to Contact Us” section below. You may continue to receive Services-related and other non-marketing emails.
 
Personal Information Requests. Depending on your location and the nature of your interactions with our Services, you may request the following in relation to Personal Information:
  • Information about how we have collected and used Personal Information. We have made this information available to you without having to request it by including it in this Privacy Policy.
  • Access to a copy of the Personal Information that we have collected about you. Where applicable, we will provide the information in a portable, machine-readable, readily usable format.
  • Correction of Personal Information that is inaccurate or out of date.
  • Deletion of Personal Information that we no longer need to provide our Services or for other lawful purposes.
  • Opt out of interest-based advertising. We use cookies and other similar technologies on our website to help us advertise our Services on other websites or services you visit, which may qualify as “selling” or “sharing” Personal Information, or “targeted advertising,” under applicable law. To exercise this right, you can click the “Your Privacy Choices” link on the footer of our website. You may also have the ability to reject or toggle off optional cookies by enabling the Global Privacy Control setting within the browser that you use to access our Services. Learn more at the Global Privacy Control website. Please note that your opt out will be specific to the device and browser you use when you opt out.
  • Limit the use of sensitive personal information. You may be able to ask us to limit our use of sensitive personal information, such as health information. In general, because we use such information only to provide the Services for you and for internal purposes, and not for advertising, we may not need to take additional steps to limit use of your information further in response to a request.
To make a request, please email us or write to us as provided in the “How To Contact Us” section below. We may ask for specific information from you to help us confirm your identity. Depending on where you reside, you may be entitled to empower an authorized agent to submit requests on your behalf. We will require authorized agents to confirm their identity and authority, in accordance with applicable laws. You are entitled to exercise the rights described above free from discrimination.
 
Limits on your privacy, rights and choices. In some instances, your choices may be limited, such as where fulfilling your request would impair the rights of others, our ability to provide a service you have requested, or our ability to comply with our legal obligations and enforce our legal rights. If you are not satisfied with how we address your request, you may submit a complaint by contacting us as provided in the “How to Contact Us” section below.
 
Online tracking opt out. You can limit online tracking by:
  • Blocking cookies in your browser. Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.
    Use the following links to learn more about how to control cookies and online tracking through your browser:
  • Blocking advertising ID use in your mobile settings. Your mobile device settings can provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.
  • Using privacy plug-ins or browsers. You can block our websites from setting cookies used for interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, Ghostery, or uBlock Origin, and configuring them to block third party cookies/trackers.
  • Google Analytics. We use Google Analytics to help us better understand how people engage with our Services by collecting information and creating reports about how users use our Services. For more information on Google Analytics, click here. For more information about Google’s privacy practices, click here. You can opt out of Google Analytics by downloading and installing the browser plug-in available at: https://tools.google.com/dlpage/gaoptout
  • Advertising industry opt out toolsAdvertising industry opt out tools. You can also use these opt out options to limit use of your information for interest-based advertising by participating companies:
  • Platforms opt-outs. Some advertising partners offer opt-out features that let you opt out of use of your information for interest-based advertising, including:
Note that because these opt out mechanisms are specific to the device or browser on which they are exercised, you will need to opt out on every browser and device that you use.
 
Do Not Track. Some Internet browsers can be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
 
 
SECURITY
 
We use commercially reasonable organizational, technical, and administrative measures designed to protect against unauthorized access, misuse, loss, disclosure, alteration, and destruction of Personal Information we maintain. Unfortunately, data transmission over the Internet cannot be guaranteed as completely secure. Therefore, while we strive to protect Personal Information, we cannot guarantee the security of Personal Information.
 
 
RETENTION OF PERSONAL INFORMATION
 
Where required under applicable laws, we retain Personal Information only for as long as is necessary to fulfill the purposes for which it was collected and processed, in accordance with our retention policies, and in accordance with applicable laws and regulatory obligations or until you withdraw your consent (where applicable).
To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of Personal Information, the purposes for which we use Personal Information and whether we can achieve those purposes through other means, and the applicable legal and regulatory requirements.
 
 
CHILDREN
 
Our Services are not intended for individuals under the age of 18. If we learn that we have collected Personal Information from an individual under the age of 18, we will take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children, please contact us as provided in the “How to Contact Us” section below.
 
 
OTHER WEBSITES AND SERVICES
 
Our Services may contain links to websites and other online services operated by third parties. In addition, our content may be included on web pages or in mobile applications or online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control third party websites, mobile applications or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use and disclosure of Personal Information. We encourage you to read the privacy policies of the other websites and mobile applications and online services you use.
 
 
CHANGES TO THIS PRIVACY POLICY
 
We may modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Site and Platform.
 
 
HOW TO CONTACT US
 
If you have questions regarding our Privacy Policy, please email us at support@Vibrant-wellness.com or write to us at: 3521 Leonard Ct, Santa Clara, CA 95054.
 
 
PRIVACY SNAPSHOT
Here is a high-level snapshot of our privacy practices, but you need to read the entire Privacy Policy for complete information.
 
 
*As described further in our Privacy Policy, we may disclose all categories of Personal Information to our service providers, affiliates, and professional advisors for the purposes described in the Privacy Policy. We also may disclose Personal Information to authorities and others for legal and compliance purposes, and to business transferees in the context of an acquisition or the sale of our business or another corporate transaction.
 
 
CONSUMER HEALTH DATA PRIVACY POLICY
 
This Consumer Health Data Privacy Policy explains how Vibrant Wellness, LLC (“we”, “us”, “our” and “Vibrant”) collects, uses, shares, and protects “Consumer Health Data” as defined under applicable U.S. state laws, and the privacy rights and choices you have, in connection with our application, website, online services, and products and services (collectively, our “Services”).
 
This Consumer Health Data Privacy Policy supplements our Privacy Policy.
 
 
Categories of Consumer Health Data We Collect
We collect the following categories of Consumer Health Data:
  • Laboratory testing information. For instance, information that you or your Provider provide to submit laboratory testing orders, so that we can perform laboratory tests, and so that we can inform you of your laboratory test results.
  • Information about your health conditions, treatment, diseases, or diagnosis. For instance, information you or your Provider choose to provide related to your medical conditions, diagnosis and overall health as well as information we may derive from our Services in order to develop your treatment plan.
  • Measurements of bodily functions, vital signs, symptoms. For instance, in connection with your treatment we may collect information about the operations of your body, such as digestion, immune support, height and weight.
We may also draw inferences from the foregoing categories of Consumer Health Data. For example, if you or your Provider indicate that you have a particular condition, we may display content to you that we believe is likely to interest you based on the information you have provided.
 
 
Categories of Source of Consumer Health Data
We collect Consumer Health Data from the following sources:
  • Personal Data That You Provide, That We Receive From Your Provider, or That You Allow Us to Collect Through the Services: We collect Consumer Health Data from you when you or your Provider provide such information, such as when you or your Provider contact us with inquiries, register for access to the Services, select or enter Consumer Health Data on the Services, submit laboratory testing orders to the Service, or use certain Services.
  • Information We Collect Automatically: When you interact with Vibrant through the Services, we may collect information automatically. For example, we and our advertising partners and service providers use cookies, web beacons (e.g., pixel tags), and other tracking technologies (e.g., HTML5), including Google Analytics, to provide and enhance the performance of our Services. Cookies are text files that websites store on a visitor‘s device or in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, and helping us understand user activity and patterns.
 
 
Purpose For Which We Collect and Use Consumer Health Data
 
We collect and use Consumer Health Data as provided below:
  • To operate and administer our services. This may include using Consumer Health Data to:
    • Provide our Services, including to permit you or your Provider to access personalized news and information about your condition, submit laboratory testing orders, receiving laboratory testing results or diagnosis, identify and learn more about relevant treatment options, and use other features of the Services.
    • Operate, maintain and support our Services, including to create, maintain, and secure your account and the Services, and to troubleshoot problems with the Service.
    • To communicate with you or your Provider, including to contact you or your Provider for administrative purposes such as security or support and maintenance advisories, to provide services and information that you or your Provider request, to respond to comments and questions, to contact you or your Provider regarding issues concerning your use of our Services, including changes to this Privacy Policy, and to otherwise provide customer support.
  • For research and development. We may use Consumer Health Data for research and development purposes, including to analyze and improve our Services and our business. As part of these activities, we may create aggregated, de-identified, or other anonymous data from Consumer Health Data we collect.
  • For compliance and protection. We may use Consumer Health Data to comply with legal obligations, defend against legal claims or disputes, protect the security and integrity of our Services, and identify and investigate fraudulent, harmful, unauthorized, unethical, or illegal activity.
 
 
How We Share Consumer Health Data
 
We may share Consumer Health Data with:
  • Your Provider. We share Consumer Health Data with your Provider to allow your Provider to discuss your results with you and evaluate and advise you on treatment options.
  • Service Providers. Vibrant, like many businesses, engages other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases, providing advertising and analytics services, and processing payments. When we employ another entity to perform a function of this nature, we provide them with the information that they need to perform their function.
  • Professional Advisors. We share Consumer Health Data with professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.
  • [Research partners. We may share information with research partners, including research institutions, pharmaceutical companies, laboratory testing providers and other parties engaged in clinical trials to facilitate health and medical research.]
  • Business Transfers. As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Consumer Health Data may be part of the transferred assets.
  • Related Companies. We may also share your Consumer Health Data with our affiliates and other commonly owned companies that share our branding for purposes consistent with this Consumer Health Data Privacy Policy.
  • Legal Requirements. Vibrant may disclose your Consumer Health Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Vibrant, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.
 
 
Your Rights
 
Depending on your location, you may request the following in relation to your Consumer Health Data:
  • Confirm whether we are collecting, sharing, or selling your Consumer Health Data, and to access your Consumer Health Data.
  • Delete your Consumer Health Data.
  • Withdraw your consent from our collection or sharing of your Consumer Health Data.
How to submit requests. To request access or deletion of your Consumer Health Data, please contact us at support@Vibrant-wellness.com. If your request to exercise a right under health data privacy laws is denied, you may appeal that decision by emailing us at support@Vibrant-wellness.com.
 
 
Changes to This Consumer Health Data Privacy Policy
 
We reserve the right to modify this Consumer Health Data Privacy Policy at any time. If we make material changes to this Consumer Health Data Privacy Policy, we will notify you by updating the date of this Consumer Health Data Privacy Policy and posting it on our websites and online services. If required by law we will also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via email or in another manner through our Services. Any modifications to this Consumer Health Data Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of our Services after the effective date of any modified Consumer Health Data Privacy Policy indicates your acceptance of the modified Consumer Health Data Privacy Policy.