PRIVACY POLICY

1. 0 OUR APPROACH

1.1. FocusHealth and its affiliates (“we,” “us” and “FocusHealth”), is committed to protecting your privacy.  We have created this Privacy Policy (the “Privacy Policy”) with regard to the following website(s): www.FocusHealthMedGroup.com, and any affiliated websites or portals (collectively the “Site”).  Privacy on the Website is of great importance to us.  Because we may gather some important information from our users, visitors, and customers (collectively “you”), we have established this Privacy Policy as a means to communicate our information gathering and dissemination practices.  This Privacy Policy explains how information is collected, used, and shared with respect to your access and use of the services provided by FocusHealth, whether through our Site or direct communication with our employees and representatives.  By accessing the Site, you acknowledge and agree to this Privacy Policy and agree to comply with the Terms and Conditions of Use, which can be accessed and reviewed at the Site listed above.

1.2. This Privacy Policy should be read in conjunction with the Terms and Conditions of Use and the Notice of Privacy Practices for the Site of which it forms part (the “Terms”).

1.3. By using this Site or submitting information to us through or in connection with this Site, you acknowledge having been informed that we collect, use and disclose your personal information in accordance with this Privacy Policy.

1.4. If you have any questions about this Privacy Policy, please contact our Privacy Officer at [email protected]. 

2. WHAT IS PERSONALLY IDENTIFIABLE INFORMATION?

2.1. Personally Identifiable Information (“Personal Information”) means any information relating to a person who can be identified either directly or indirectly; which may include, but is not limited to, name, address, email address, phone number, IP address, location data, and any other information in connection with the use of this Site and the products and services provided by FocusHealth.

3. THE INFORMATION WE COLLECT AND HOW WE USE IT

3.1. When you use the Site, we may require you to give us contact information, which may include, but is not limited to, your name, birthdate, mailing address, phone number, email address, cookies, IP logs, and other Personal Information.  Besides the Personal Information, we may also collect other information regarding your use of the Site.  From time to time, we may also collect or ask for additional Personal Information, which will also be expressly included herein as Personal Information.  You can opt out of providing this additional information by not entering it or not using the Site, although not providing it may hinder your ability to use the Site.  

As you navigate through and interact with our Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, specifically, details of your visits to our Site, such as traffic data, location, logs, referring/exit pages, date and time of your visit to our Site, error information, clickstream data, and other communication data and the resources that you access and use on the Site; and information about your computer, mobile device, and Internet connection, specifically your IP address, operating system, browser type, and application version information.

We collect Personal Information, including but not limited to protected health information, and may use it for marketing activities, after we have removed any personally identifiable information.  THE COLLECTION AND USE OF YOUR HEALTH INFORMATION IS ADDRESSED IN OUR HIPAA NOTICE OF PRIVACY PRACTICES.  TO READ MORE ABOUT OUR PRIVACY PRACTICES REGARDING PROTECTED HEALTH AND MEDICAL INFORMATION UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), VISIT OUR HIPAA NOTICE OF PRIVACY PRACTICES AT WWW.FOCUSHEALTHMEDGROUP.COM.

We do not sell any personal information that may have been received by any FocusHealth websites or applications you may have visited or otherwise used. Furthermore, we have committed that we will not sell any of your personal information from our websites or applications whether they are freely/publicly available or if they require accounts, we will not sell any of your Protected Health Information (“PHI”), and we will not sell your data in any form, even if de-identified to an extent ensuring there is no reasonable basis to believe it could be used to identify an individual, including you.

By using the Site, you acknowledge and agree that FocusHealth will be collecting and storing certain information related to the use of the Site, and FocusHealth and their designees may use that information for marketing activities.

We use the information that we collect to provide and maintain the Site to market our brand, to compile a database of Site users, and other ways, as we deem appropriate in our sole discretion, and to provide any other services that you and FocusHealth agree to.  We may also use the information to present our Site and its contents to you, contact you to further discuss interest in our company or in response to a request, to fulfill any other purpose for which you provide it, to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection, the products and services that we provide, and to send information regarding our company or partners, such as promotions and events.  You may receive an email newsletter, telephone calls, and SMS/MMS text messages by providing your email address and phone number.  Your email address, phone number and any other Personal Information will not be disclosed to third parties unless it is for purposes which you have authorized us to do, to comply with any legal processes and/or law enforcement requests, or for treatment, healthcare operations, or payment purposes as permitted under HIPAA and its implementing regulations, as may be amended.

Our use of automatic data collection technologies defined in this policy does not change any of the protections applied to your PHI and you should refer to our HIPAA Privacy Practices and not this document to understand how your PHI is protected. We employ automatic data collection technologies to help us to improve our Site and to deliver a better and more personalized service as they enable us to estimate our audience size and usage patterns; improve our product and services offering; store information about your preferences, allowing us to customize our Site according to your individual interests; recognize you when you return to our Site. 

We may also email (or send via other methods such as SMS/MMS messaging) information regarding updates to the Site, and may send a newsletter, or other correspondence.  You will have an opportunity to unsubscribe from any emails or SMS/MMS messages by following the instructions contained in promotional emails and messages we send you.  Even if you are removed from any such list, if you use the Site, you will continue to receive email correspondence, calls and SMS/MMS messages from FocusHealth related to the Site.  Any opt-out by you is not deemed valid until processed by FocusHealth.  It is your obligation to verify that you have been opted-out.  FocusHealth will not be liable for problems with the opt-out procedures.

If you provide credit card or other authorized payment method information to FocusHealth, you authorize FocusHealth, or a credit card processor of their choosing to receive appropriate billing information, bill such credit card, and to make such charges as applicable.

3.2. When we collect Personal Information through forms, including but not limited to electronic forms, we will indicate the mandatory fields via asterisks.  Failure to provide the data marked with an asterisk could prevent you from accessing our services.

3.3. We will take reasonable steps to ensure the Personal Information that we store is accurate, complete and up-to-date.

3.4. We will only process your Personal Information, in accordance with applicable law, for the following purposes:

3.4.1. creating and maintaining your customer account;

3.4.2. to carry out our contract with you;

3.4.3. offering our products and services to you in a personalized way, for example, we may provide suggestions based on your previous searches to enable you to identify suitable products or services quicker.  This may also include, where legally permitted, processing data related to your location;

3.4.4. handling and fulfilling your orders and dealing with your inquiries, if you request products or services from us;

3.4.5. processing your payment, if you purchase any of our products or services;

3.4.6. enabling our suppliers and service providers to carry out certain functions on our behalf, including payment processing, verification, technical, logistical or other functions, as may be required, in order to fulfil your orders;

3.4.7. resolving any grievances, complaints or disputes;

3.4.8. carrying out market research campaigns and sending you personalized marketing communications in order to keep you informed of our products and services, which we consider may be of interest to you;

3.4.9. sending personalized advertising to your devices; delivering ads based on your interests ascertained from your past searches, visits of subpages and purchases on our Site, and other data obtained through the use of cookies placed on your devices (please see our cookie statement at Section 9 below).

3.4.10. ensuring the security of your account and our business, preventing or detecting fraud or abuses of our Site, for example, by requesting verification information in order to reset your account password;

3.4.11. developing and improving our products and services, for example, by reviewing visits to our Site and its various subpages and demand for specific products or services;

3.4.12. for our own administrative purposes, including training our staff, conducting internal audits or transferring assets as part of a sale, purchase or investment in the business; and

3.4.13. to comply with applicable law, for example, in response to a request from a court or regulatory body, where such request is made in accordance with the law.

3.5. To process your Personal Information lawfully we need to rely on one or more valid legal grounds.  The ground we may rely on upon include:

3.5.1. your consent to particular processing activities.  For example, where you have consented to us using your information for marketing purposes;

3.5.2. our legitimate interests as a business (except where your interests or fundamental rights override these).  For example, it is within our legitimate interests to use your Personal Information to prevent or detect fraud or abuses of our Site;

3.5.3. our compliance with a legal obligation to which we are subject.  For example, we have a duty to investigate and respond to complaints made against us and may need to process your Personal Information as part of such investigation; or

3.5.4. if you are a customer, because processing your Personal Information is necessary for the performance of a contract.

3.6. If you are under the age of eighteen (18) and wish to use this Site, your parent or legal guardian must agree to these Terms on your behalf. If you are under the age of 13, you may only use our services or access our Site with the supervision and consent of your parents or legal guardians. If we learn that we have collected personal information from someone under the age of 13 that was not provided with the supervision and consent of the minor’s parents or legal guardian, we will promptly delete that information. If you believe we have impermissibly collected personal information from someone under the age of 13, please contact us at [email protected] or call us at (858) 541-0181.

4.0 INFORMATION SECURITY

4.1. The Internet is not a secure medium.  However, we have put in place various security procedures as set out in this Privacy Policy.  Your user account area is protected by your user name and password, which you should never divulge to anyone else.

4.2. Please note that our forms are encrypted to protect your privacy.  Once the information is sent to our Site, it is kept in secure databases where it is not available to other users on the internet.  Communications over the Internet, such as emails are not secure unless they have been encrypted.  We cannot accept responsibility for any unauthorized access or loss of Personal Information that is beyond our control.

4.3. FocusHealth will periodically review and modify, where appropriate, its security policies and procedures.  We use reasonable care to protect your personally identifiable and confidential information provided by you to our site.  FocusHealth have in place security policies and procedures that seek to mitigate this risk of unauthorized access of your information.

4.4. Please note that non-protected health information may be transported over an open network, such as the internet or e-mail, and may be accessible to anybody.  We cannot guarantee the confidentiality of any communication or material transmitted via such open networks.  When disclosing any personal information via an open network, you should remain mindful of the fact that it is potentially accessible to others, and consequently, can be collected and used by others without your consent.  In particular, while individual data packets are often encrypted, the names of the sender and recipient are not.  Even if both the sender and recipient are located in the same country, data may also be transmitted via such networks to other countries regularly and without controls, including to countries that do not afford the same level of data protection as your country of domicile.

4.5. Your data may be lost during transmission or may be accessed by unauthorized parties.  We do not accept any liability for direct or indirect losses with regard to the security of your Personal Information or data during its transfer via Internet.  Please use other means of communication if you think this is necessary or prudent for security reasons.

5.0 YOUR OBLIGATION REGARDING THE SECURITY OF INFORMATION

In order to help ensure that your information can only be accessed by you, and those you authorize, a confidential user name and password will be required to log in to access your Personal Information on the Site.  As a Site user, your role in maintaining the security of your and your provider’s (as applicable) general information and medical information includes following common sense, such as keeping your login identification name and password confidential.  In the event your access or services require a user name and password, you are solely responsible for keeping such user name and password strictly confidential.

6.0 TO WHOM WILL YOUR INFORMATION BE DISCLOSED?

6.1. There are circumstances where we wish to disclose or are compelled to disclose your Personal Information to third parties. This will only take place in accordance with the applicable law and for the purposes listed in Section 3 above.  These scenarios include disclosure:

6.1.1. to our employees, affiliates and their employees;

6.1.2. to our outsourced service providers or suppliers who assist us in operating our Site, conducting our business, or servicing you (including but not limited to IT support service providers), so long as those parties agree to keep the Personal Information confidential.  Also, each business associate is required under our contracts with them to protect your personal and medical information, and not to use it for any reason except as necessary to provide the contracted services;

6.1.3. to our advertising partners who enable us to deliver personalized ads to your devices or similar advertising;

6.1.4. subject to your consent, to our marketing partners, who may contact you by mail, email, telephone, SMS/MMS messaging or by other means.  If at any time after you have consented to us using your Personal Information for marketing purposes and you wish us to stop using your Personal Information for these purposes, please unsubscribe by following the directions in the messages you receive;

6.1.5. to third party service providers and consultants in order to protect the security or integrity of our business, including our databases and systems and for business continuity reasons;

6.1.6. to another legal entity, on a temporary or permanent basis, for the purposes of a joint venture, collaboration, financing, sale, merger, reorganization, change of legal form, dissolution or similar event.  In the case of a merger or sale, your Personal Information will be permanently transferred to a successor company;

6.1.7. to comply with any court order, law, or legal process, including to respond to any government or regulatory request; 

6.1.8. to any other third party where you have provided your consent;

6.1.9. to enforce or apply these Terms and other agreements, including for billing and collection purposes; and

6.1.10 if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of FocusHealth, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

7.0 RETENTION OF PERSONAL INFORMATION

7.1. Your Personal Information will be retained until your last use or purchase of our services or products and normally for a period of that is required by applicable local law or where we have a legitimate and lawful purpose to do so.  However, we will not retain beyond this period any of your Personal Information that is no longer required for the purposes set out in this Privacy Policy. The retention of your Personal Information will be subject to periodic review.

7.2. We may keep an anonymized form of your Personal Information, which will no longer refer to you, for statistical purposes without time limits, to the extent that we have a legitimate and lawful interest in doing so.

8.0 YOUR RIGHTS IN RELATION TO YOUR INFORMATION

8.1. Your Privacy Rights/ California’s Shine the Light Law.  

This Section 8.1 is applicable only to residents of California.  Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year.  

To request a copy of the information disclosure provided by FocusHealth pursuant to Section 1798.83 of the California Civil Code, please contact Eric Braun by mail at FocusHealth, Attn.: California Privacy Rights, 8695 Spectrum Center Blvd, San Diego, CA 92123 or by email at [email protected]. 

8.2. How to Modify Your Information.

You can access and modify the Personal Information that you provide to us by contacting FocusHealth at [email protected] and requesting a modification.

8.3. California Residents

FocusHealth has committed to honor the terms of the California Consumer Privacy Act of 2018 (CCPA) as amended by the California Privacy Rights Act (CPRA), in the care and handling of your Personal Data that is not Protected Health Information protected by other laws. The CCPA AND CPRA expressly exclude personal information collected, processed, sold, or disclosed pursuant to certain sector-specific privacy laws, including medical information governed by the California Confidentiality of Medical Information Act (CMIA), protected health information collected by a covered entity or business associate governed by HIPAA, or a provider of health care governed by the CMIA or covered entity governed by HIPAA to the extent the provider or covered entity maintains patient information in the same manner as medical information or protected health information under the CMIA or HIPAA, respectively. These Terms does not define how we ensure our adherence to Federal and State laws regarding your Protected Health Information, including HIPAA. Our policies regarding the processing of your PHI are covered in our Notice of Privacy Practices www.FocusHealthMedGroup.com. Our Notice of Privacy Practices define how we preserve the privacy of your Protected Health Information, and you should refer to that document, not this one, regarding all processes associated with your healthcare records and other PHI.

For clarity, Protected Health Information (“PHI”) collected by Focus Health falls under the CCPA exclusions, and is generally exempt from the CCPA, and is instead protected by our adherence to our HIPAA Privacy Practices.

The CCPA does provide you with rights regarding your data that is not covered by healthcare related exemptions, the handling of which is defined in our HIPAA Privacy Practices.

Your CCPA Granted Rights and How to Exercise Them

Your right to know the personal information we collect from you and how we may share or otherwise disclose it.

The CCPA gives you the right to know the personal information we may have collected about you, and you may request that we disclose this to you by contacting us through the channels defined in the Contact Information section of this document. This CCPA protected right will be upheld once we receive and confirm the validity of your request.

As described above, FocusHealth does not sell Personal Data. We do not share or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Policy. We will not PHI for any purpose that is not defined in our HIPAA Privacy Practices. PHI collected by Focus Health falls under the CCPA exclusions, and is generally exempt from the CCPA, and is instead protected by our adherence to our HIPAA Privacy Practices. The CCPA does apply to Personal Data that we collect, or you provide, as described in this Privacy Policy, and which we may disclose. You have the right to request that we provide a means to download your personal information that we have collected that is not exempt from the CCPA. If you make such a request regarding data that is not PHI exempted from the CCPA, we will include a list of the categories of personal information that we may have disclosed about you, as well as the categories of third parties to whom your personal information may have been disclosed. To understand how we protect your PHI that is exempted from the CCPA, please refer to our HIPAA Privacy Practices.

Contacting Us to Request a CCPA Disclosure

You may contact us through the channels defined in the Contact Information section of this document to request a disclosure of your Personal Data that is protected by the CCPA and CPRA.

The CCPA ensures that you have the right to make a request for such a disclosure twice in any 12-month period. FocusHealth will make the requested disclosure within 45 days of receiving your request, unless we determine the need for, and then request an extension. If we determine that we have a reasonably defined need for a 45-day extension, we will notify you of the extension within the initial 45-day period.

Right of deletion

You have the right to request that we delete your personal information. Any such request is subject to certain exceptions, including Federal and State laws regarding your Protected Health Information, as with HIPAA. Upon receipt of a deletion request from you, we will validate the request, and then delete your personal information, as well as direct our service providers to delete any of your personal information, unless an exception applies. To request deletion of personal information protected by the CCPA, you may contact us through the channels defined in the Contact Information section of this document.

Your Rights Regarding Your Information and Accessing and Correcting Your Information

You can review and change your personal information (as defined under CCPA and CPRA) by notifying us through the Contact Information below of any changes or errors in any personal information we have about you to ensure that it is complete, accurate, and as current as possible or to delete your account. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.

Right to non-discrimination

You have the right not to receive any discriminatory treatment as a result of any choice or action on your part to exercise your privacy rights as provided by the CCPA.

Disclosures About Your Personal Information Protected by CCPA

Categories of information we collect and disclose for a business purpose: The following categories of personal information, as defined in the CCPA, are collected from you in connection with your use of the FocusHealth Website and Application. To understand our collection, use, and disclosure of your Protected Health Information (“PHI”) please refer to our HIPAA Privacy Practices and not this document. Protected Health Information (“PHI”) collected by FocusHealth falls under the CCPA exclusions, and is generally exempt from the CCPA. Personal Information that we may have disclosed in the last twelve months that does not fall under protections documented in our HIPAA Privacy Practices, and information which is not exempt from the CCPA, includes the following categories of personal information used for a business purpose:

• Identifiers, such as your first and last name, Internet Protocol address, email address, and other similar identifiers.
• Personal information categories listed in the California Customer Records provisions, including physical characteristics, such as weight, and payment information, such as your credit card number.
• Characteristics of protected classifications under California or federal law, such as your gender and age.
• Commercial information, such as the record of purchase of your Summit membership.
• Biometric information, such as your exercise data.
• Internet or other electronic network activity information, such as session logs.
• Geolocation data, such as the physical location of your recorded activity.
• Electronic, visual, or similar information, such as photos.
• Inferences drawn from any of the above information to create a profile reflecting your preferences, characteristics, behavior, abilities, and aptitudes, such as Relative Effort.

According to California law, the CCPA and CPRA do not apply to, and personal information does not include:

• Publicly available information from government records.
• De-identified or aggregated consumer information.

How to contact us

If you have questions about your rights or our disclosures under the CCPA, you may reach us through the channels defined in the Contact Information section of this document.

9. COOKIE AND DO-NOT-TRACK SIGNALS

When you view the Site, we may store some information on your computer’s hard drive.  This information will be in the form of a “Cookie.” Most web browsers automatically accept Cookies, but you can change your browser to prevent that.  Without accepting a Cookie, your use of the Site may be affected.  For more information, please visit www.allaboutcookies.org.

We also may use automated data collection technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. At this time, we do not honor such signals, and we do not modify what information we collect or how we use that information based upon whether such a signal is broadcast or received by us.

10. CHILDREN

Focus Health does not intend to collect any Personal Information (or any information at all) from any persons under 13 years old.  If you are under 13 years old, you may not use the Site.

11. THIRD PARTY WEBSITES

We are not responsible for the privacy policies and practices of other websites even if you accessed the third party website using links from our Site.  We recommend that you check the policy of each website you visit and contact the owner or operator of such website if you have concerns or questions.  When you access a linked site you may be disclosing private information.  It is your responsibility to keep such information private and confidential.

12. INTERNATIONAL TRANSFER OF PERSONAL INFORMATION

We may transfer your Personal Information to a third party in countries outside the country in which it was originally collected for further processing in accordance with the purposes set out in Section 3 above.  In particular, your Personal Information may be transferred throughout the Focus Health group and to our outsourced service providers located abroad.  In these circumstances we will, as required by applicable law, ensure that your privacy rights are adequately protected by appropriate technical, organization, contractual or other lawful means.  Please contact the Privacy Officer for a copy of the safeguards which we have put in place to protect your Personal Information and privacy rights in these circumstances.

13. CHANGES TO OUR PRIVACY POLICY AND INAPPLICABILITY 

We reserve the right to amend or modify this Privacy Policy without notice to you and if we do so we will post the changes on this page.  It is your responsibility to check the Privacy Policy every time you submit information to us or place an order.

This policy does not apply to information collected by third-party websites, products, or services, even if they link to our Site, or to third-party websites, products, or services (including advertising), that we may link to from our Site, or data that may be collected by us offline.

14. CONTACT INFORMATION

For further information from us with regard to this Privacy Policy, please write to Eric Braun, FocusHealth, 8695 Spectrum Center Blvd, San Diego, CA, 92123, email us at [email protected] or call (858) 541-0181.

As we embark on our journey to become San Diego’s premier medical group, expect to witness the continuous expansion of our clinical team with the addition of new physicians and locations. Be sure to stay tuned and check back frequently to see the latest enhancements to our healthcare offerings.