Salus Healthcare INC.
Terms of Use
Welcome. The following terms of use (the “Terms of Use”) apply when you (“you” or the
“User”) view or use any of the SalusHealthcare Inc.(referred to herein as “Salus,” “our,” or “us”)
websites, including www.getSalus.com or any of our web- or mobile applications (collectively,
the “Services”). If a Master Subscription Agreement or similar Services Agreement is mutually
signed by Subscriber and Salus, that agreement shall govern your use of the Services. Please
review the following Terms of Use carefully. By accessing or using the Service, you signify your
agreement to these Terms of Use and our Privacy Policy, found
at https://salushealth.io/privacy. If you do not agree to these Terms of Use, you must not access
or use the Services.
About the Services
The Service allows you to 1) engage in virtual health and wellness related coaching and advisory
services and 2) utilize a web- and mobile-based platform to record your health and wellness
progress and goals. You may only use the Services in accordance with these Terms of Use, and
may not use the Services to engage in any unlawful activity or fraudulent purpose or to infringe
on the rights of Salus or others.
Registration & Permitted Users
We reserve the right to withdraw or amend the Services, and any materials we provide through
the Services, in our sole discretion without notice. We will not be liable if for any reason all or
any part of the Services are unavailable at any time or for any period. From time to time, we may
restrict access to some parts of the Services, or all of the Services, to users, including registered
users.
If you want to access and use the Services, you must create an account (“Account”). It’s
important that you provide us with accurate, complete, and up-to- date information for your
Account. If you don’t, we might have to suspend or terminate your Account. You agree that you
won’t disclose your Account password to anyone and you’ll notify us immediately of any
unauthorized use of your Account. You’re responsible for all activities that occur under your
Account, whether or not you know about them. You agree to notify us immediately of any
unauthorized access to or use of your username or password or any other breach of security. You
also agree to ensure that you exit from your account at the end of each session. You should use
particular caution when accessing your account from a public or shared computer so that others
are not able to view or record your password or other personal information. We have the right to
disable any username, password, or other identifier, whether chosen by you or provided by us, atany time in our sole discretion for any or no reason, including if, in our opinion, you have
violated any provision of these Terms of Use.
We are committed to protecting the privacy of children and have no intention of collecting
personal information from individuals under the age of 18. If you are under the age of 18, do not
submit personal information to the Services without the consent of your parent or guardian.
Children under the age of 13 are not permitted to use the Services.
Online Content Disclaimer
Opinions, advice, statements, offers, or other information or content made available through the
Services, but not directly by Salus, are those of their respective authors, and should not
necessarily be relied upon. Such authors are solely responsible for such content. Salus does not
guarantee the accuracy, completeness, or usefulness of any information on the Services and
neither does Salus adopt nor endorse, nor is Salus responsible for, the accuracy or reliability of
any opinion, advice, or statement made by parties other than Salus. Salus takes no responsibility
and assumes no liability for any User Content that you or any other User or third party posts or
sends over the Services. Under no circumstances will Salus be responsible for any loss or
damage resulting from anyone’s reliance on information or other content posted on the Services,
or transmitted to Users.
Though Salus strives to enforce these Terms of Use, you may be exposed to User Content
(defined below) that is inaccurate or objectionable. Salus reserves the right, but has no
obligation, to monitor the materials posted in the public areas of the service or to limit or deny a
User’s access to the Services or take other appropriate action if a User violates these Terms of
Use or engages in any activity that violates the rights of any person or entity or which we deem
unlawful, offensive, abusive, harmful or malicious. Salus shall have the right to remove any such
material that in its sole opinion violates, or is alleged to violate, the law or this agreement or
which might be offensive, or that might violate the rights, harm, or threaten the safety of Users or
others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State, and
local law. If you become aware of misuse of our Services, please contact us at:
support@salushealth.io.
Not Medical Advice
Though Users may seek and access medical advice through the Services, the Services
themselves, and all related content, do not consist of, nor provide, medical advice and are not a
substitute for medical advice. Results, such as those based on calorie counts or projected weight
loss, may vary. Always seek the advice of a licensed medical provider before undertaking any
weight loss plan. Reliance on any information provided by or found on the Services is purely at
your own risk. To the extent Users access medical advice through the Services, the medical
provider is solely responsible for all advice, diagnosis, treatment, prescriptions, or other exchanges that may occur between such medical provider and User. Salus is not liable for any
action or inaction of such medical provider, regardless of whether a User accesses such medical
provider through the Services.
Use Restrictions
Your permission to use the Services is conditioned upon the following. You agree that you will
not, under any circumstances:
- post any information that is abusive, threatening, obscene, defamatory, libelous
- use the Services for any unlawful purpose or in any way that violates any applicable
federal, state, local, or international law or regulation (including, without limitation, any
laws regarding the export of data or software to and from the US or other countries); - attempt to, or harass, abuse, or harm another person or group;
- use another User’s Account without permission;
- provide false or inaccurate information when registering an Account;
- interfere or attempt to interfere with the proper functioning of the Services; or racially,
sexually, religiously, or otherwise objectionable and offensive activities; - make any automated use of the Services, or take any action that we deem to impose or to
potentially impose an unreasonable or disproportionately large load on our servers or
network infrastructure; bypass any robot exclusion headers or other measures we take to
restrict access to publish or link to malicious content intended to damage or disrupt
another User’s the Services or use any software, technology, or device to scrape, spider,
or crawl the Services or harvest or manipulate data; or browser or computer; - attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the
Services, the server on which the Services are stored or hosted, or any server, computer,
or database connected to the Services; and - otherwise attempt to interfere with the proper working of the Services.
Further, when transmitting and submitting any User Content (as defined below) while using the
Services, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to
or while using your account; - You will not post information that is malicious, false or inaccurate;
- You will not submit content that is copyrighted or subject to third party proprietary
rights, including privacy, publicity, trade secret, etc., unless you are the owner of such
rights or have the appropriate permission from their rightful owner to specifically submit
such content; and - You hereby affirm we have the right to determine whether any of your User Content
submissions are appropriate and comply with these Terms of Use, remove any and/or all
of your submissions, and terminate your Account with or without prior notice. You
understand and agree that any liability, loss or damage that occurs as a result of the use of
any User Content that you make available or access through your use of the Services is
solely your responsibility. Salus is not responsible for any public display or misuse ofyour User Content. Salus does not, and cannot, pre-screen or monitor all User Content.
However, at our discretion, we, or technology we employ, may monitor and/or record
your interactions with the Services.
Monitoring and Enforcement; Termination
We have the right to:
- Take any action with respect to any User Content (as defined herein) that we deem
necessary or appropriate in our sole discretion, including if we believe that such User
Content violates the Terms of Use, infringes any intellectual property right or other right
of any person or entity, threatens the personal safety of users of the Services or the
public, or could create liability for the Salus. - Take appropriate legal action, including without limitation, referral to law enforcement,
for any illegal or unauthorized use of the Services. - Terminate or suspend your access to all or part of the Services for any or no reason,
including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement
authorities or court order requesting or directing us to disclose the identity or other information
of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS SALUS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We have no liability or responsibility to anyone for performance or nonperformance of the
activities described in this section.
Intellectual Property
As between you and Salus, all content on the Services, including its appearance and look and
feel, is owned by Salus unless otherwise expressly indicated through the Services. You
acknowledge and agree that we and our licensors retain ownership of all intellectual property
rights of any kind related to the Services, including applicable copyrights, trademarks and other
proprietary rights, and are protected by United States and international copyright, trademark,
patent, trade secret, and other intellectual property or proprietary rights laws. You may not
modify, copy, distribute, transmit, display, perform or create derivative works from the content,
information or material on the Services. Other product and company names that are mentioned
on the Services may be trademarks of their respective owners. We reserve all rights that are not
expressly granted to you under these Terms of Use. Any Salus trademarks, trade dress, service
marks or trade names that appear on the Services or are referenced through the Services are the
property of Salus and no license or other right to use such marks, names or dress shall be deemed
granted to any User without the express written permission of Salus.
User Content & License
You understand and acknowledge that you are solely responsible for all information, data, text or
other materials or content that you post, transmit privately or make public via the Services (“User
Content”) and that Salus is not responsible or liable for this information. When you post,
transmit or make information public through the Services, you grant Salus a royalty-free,
sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use,
reproduce, modify, publish, list information regarding, for the express purpose of providing the
Services to you. You agree that we are only acting as a passive conduit for your online
distribution and publication of your User Content. Salus, however, reserves the right to remove
any User Content from the Services at its discretion.
Subscription Fees and Charges
User agrees to pay the fees for the Services in accordance with the applicable fee schedules, and
User authorizes Salus to charge the User's designated card on file, as specified by User through the Services, for all fees as they become payable. Unless otherwise explicitly stated in a mutually signed Organization Master Subscription or Service Agreement under Salus’s Organization, fees for the Services are typically based on month-to-month or annual basis starting from the date
when the User commences Services (so, for example, if User is on a monthly plan and activates
Salus subscription January 2nd, he/she is paying for the next month, and will be billed again
February 2nd via credit card on file. If User is on an annual plan and activates subscription
March 4th 2010, the next subscription payment will process March 4, 2011). User is required to
pay fees in full independent of any log ins or utilization of the Service. All fees are non-
refundable and non-transferrable, including annual contracts. In the case of canceling an annual
contract, subscription will end at the 365th day from payment. Salus may charge additional fees
for exceptions including processing, setup, and other special services (including optional add-on
services), and these will be explicitly communicated during the set up process and/or within the
Service.
Links to Other Sites
As part of the Services, Salus may provide you with convenient links to third party website(s)
(“Third Party Sites”), as well as content or items belonging to or originating from third parties
(the “Third Party Applications, Software or Content”). These links are provided as a courtesy to
our Users. The Company has no control over Third Party Sites and Third Party Applications,
Software or Content or the promotions, materials, information, goods or services available on
these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites
and Third Party Applications, Software or Content are not investigated, monitored or checked for
accuracy, appropriateness, or completeness by Salus, and Salus is not responsible for any Third
Party Sites accessed through the Services or any Third Party Applications, Software or Content
posted on, available through or installed from the Services, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices or other policies of or contained in the
Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use or
installation of any Third Party Services or any Third Party Applications, Software or Content
does not imply approval or endorsement thereof by Salus. If you decide to leave the Services and
access the Third Party Sites or to use or install any Third Party Applications, Software or
Content, you do so at your own risk and you should be aware that our terms and policies no
longer govern. You should review the applicable terms and policies, including privacy and data
gathering practices, of any site to which you navigate from our Services or relating to any
applications you use or install from our Services.
Copyright Complaints
(a) Termination of Repeat Infringer Accounts. Salus respects the intellectual property rights of
others and requests that the Users do the same. Pursuant to 17 U.S.C. 512(i) of the United States
Copyright Act, Salus has adopted and implemented a policy that provides for the termination in
appropriate circumstances of Users of the Services who are repeat infringers. Salus may
terminate access for participants or users who are found repeatedly to provide or post protected
third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in
good faith, that any materials provided on the Services infringe upon your copyrights, you may
submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. 512)
(“DMCA”) by sending the following information via electronic mail to Salus’s designated
copyright agent at: support@salushealth.io.
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the copyright
owner. - A description of the copyrighted work claimed to have been infringed, or, if owner of an
exclusive right that is allegedly infringed; multiple copyrighted works at a single online
site are covered by a single notification, a representative list of such works at that site; - A description of the material that is claimed to be infringing or to be the subject of
- Information reasonably sufficient to permit the service provider to contact you, infringing
activity and information sufficient to enable us to locate such work; such as an address,
telephone number, and/or email address; - A statement that you have a good faith belief that use of the material in the
- A statement that the information in the notification is accurate, and under penalty manner
complained of is not authorized by the copyright owner, its agent, or the law; and of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Services is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a
- Your name, address, telephone number, and email address, a statement that you result of a mistake or a misidentification of the content; and consent to the jurisdiction of the federal court in Delaware and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by Salus copyright agent, Salus may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or User, the removed content may (in Salus’s discretion) be reinstated to the Services in ten (10) to fourteen (14) business days or more after receipt of the counter-notice
Electronic Communications
For contractual purposes, you (a) consent to receive communications from Salus in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that Salus provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. We may also use your email address, to send you other messages, including information about Salus and special offers. You may opt out of such email by changing your account settings or sending an email to support@salushealth.io. Opting out may prevent you from receiving messages regarding Salus or special offers. Communications made by you through the Services’ e-mail and messaging system shall not constitute legal notice to Salus or any of its officers, employees, agents or representatives in any situation where notice to Salus is required by contract or any law or regulation to be in writing.
Warranty Disclaimer
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL THROUGH THE SERVICES, OR ON ANY SITE LINKED TO THE SERVICES.
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NEITHER SALUS NOR ANY PERSON ASSOCIATED WITH SALUS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER SALUS NOR ANYONE ASSOCIATED WITH Salus REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS WITHOUT LIMITING THE FOREGOING, SALUS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICES. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
Limitation of Damages
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SALUS, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM, OR IN CONNECTION WITH (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICES; (C) THE SERVICES GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH SALUS OR ANY OTHER USER OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SALUS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
If you have a dispute with one or more Users, a third-party provider of a product or service (including health and wellness providers, software tools, an organization that has purchased or utilizes the Services, and/or other health care providers), that you interact with using the Services, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Indemnification
You agree to defend, indemnify, and hold harmless Salus, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees, and claims between you and Salus) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Content, any use of the Content, Services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained through the Services.
Modification of Terms
We can amend these Terms of Use at any time and in our sole discretion and will update these Terms of Use in the event of any such amendments. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. It is your sole responsibility to check the Services from time to time to view any such changes in the Agreement. If you continue to use the Services, you signify your agreement to our revisions to these Terms of Use. However, we will notify you of material chances to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of Salus’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Salus. No purported waiver or modification of this Agreement by Salus via telephonic or email communications shall be valid.
Privacy Policy
Salus respects the privacy of our Users. Please refer to Salus’s Privacy Policy (found at https://salushealth.io/privacy) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Services, you signify your agreement to this Privacy Policy.
General Terms
If any part of these Terms of Use is held invalid or unenforceable, that portion of the Terms of Use will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Salus to enforce any provision of these Terms of Use will not be considered a waiver of our right to enforce such provision. Our rights under the Terms of Use will survive any termination of the Terms of Use. You agree that any cause of action related to or arising out of your relationship with Salus must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred. These Terms of Use and your use of the Services are governed by the federal laws of the United States of America and the laws of the State of Delaware without regard to conflict of law provisions.
Salus may assign or delegate these Terms of Use and/or Salus’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without Salus’s prior written consent, and any unauthorized assignment and delegation by you is void.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT https://salushealth.io/privacy REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Contact Information: If you have any questions about these Terms of Use or the Services, please contact Salus at support@salushealth.io
Salus Healthcare INC. Privacy Policy
Effective as of February 10th, 2023
SalusHealthcare INC. (“Salus”, “we,” “us,” or “our”) respects your privacy and understand the importance of privacy to our users. We developed this Privacy Policy to explain how we collect, use, share, and protect Personal Information (defined below), and your choices about the collection and use of Personal Information. This Privacy Policy applies to Personal Information collected or processed through our products and services (the “Services”), and https://salushealth.io and any other Salus-operated website, app, or social media page that links to this Privacy Policy
(collectively, the “Site and Services”). This Privacy Policy does not govern your healthcare provider’s (“Provider”) use of Personal Information or Protected Health Information (“PHI”) (as that term is defined under HIPAA) that you share with the Provider, whether or not through the Site or Services, in the course of receiving health services. For more information on your Provider’s use and disclosure of your PHI, please reach out to your provider for their Notice of Health Information Privacy Practices.
1. What Is Personal Information?
“Personal Information” is information that identifies or relates to a particular individual. Examples of Personal Information include, among others, name, email address, phone number, mailing address, and online identifiers.
2. How We Use Personal Information
We use Personal Information for purposes including:
- Providing our Site and Services to you;
- Analyzing, administering, and improving the Site and Services;
- Enabling secure use of the Site and Services;
- Billing and payment (including processing payments) for Services;
- Sending information and promotional materials;
- Protecting our rights or our property;
- Meeting legal obligations; and
- For other purposes related to the reasons for which you provide Personal Information.
We will retain your Personal Information for the period necessary to fulfill the purposes for which your Personal Information has been collected as outlined in this Privacy Policy unless a longer retention period is required by law.
3. Types Of Personal Information We Collect And Use
A. Information that You Provide Us
In various places on the Site and Services, we request information from you via forms. The exact information we need to collect (including Personal Information) will depend on the purpose of the form. For example, when you open an account on the Site (“Account”), we collect your name, email address, and phone number. As another example, if you purchase services from your provider through the Site, we may collect payment information (e.g., credit/debit card numbers, expiration date, and CVV); information about your health; and behavioral information (e.g., eating habits, mood and demeanor information, etc.). We will indicate on the form whether a particular field of information is mandatory or optional. If you choose not to provide certain information, we may not be able to provide requested services.
B. Information We Automatically Collect from You
We collect the following types of information automatically through your use of the Site and Services:
Cookies, Device Identifiers, and Similar technologies
When you use or access the Site and Services, we and our service providers use cookies, device identifiers, and similar technologies such as pixels, web beacons, and local storage to collect information about how you use the Site and Services. We process the information collected through such technologies, which may include or be combined with Personal Information, to help operate certain features of the Site and Services, to enhance your experience through personalization, and to help us better understand the features of the Site and Services that you and other users are most interested in. For example, we use Cookies to facilitate a user’s log-in and as navigation aides.
Most browsers provide you with the ability to block, delete, or disable cookies, and your mobile device may allow you to disable transmission of unique identifiers and location data. If you choose to reject cookies or block device identifiers, some features of the Site and Services may not be available or some functionality may be limited or unavailable. Please review the help pages of your browser or mobile device for assistance with changing your settings.
Some of our service providers may use cookies or other methods to gather information regarding your use of the Site and Services, and may combine the information in these cookies with any Personal Information about you that they may have. The use of such tracking information by a third party depends on the privacy policy of that third party. We do not respond to Do Not Track (“DNT”) signals sent to us by your browser at this time. To learn more about how DNT works, please visit http://allaboutdnt.com/.
Analytics
To assist us with analyzing our website traffic through cookies and similar technologies, we use analytics services, including Google Analytics. For more information on Google Analytics’ processing of your information, please see “How Google uses data when you use our partners' sites or apps.”
Advertising
We may engage third parties, including social media platforms, who use cookies, pixel tags, and other storage technologies to collect or receive information from our website and elsewhere on the internet to provide marketing services to us, including targeted advertising. If you want to learn more, including how you may opt-out of targeted advertising, you should visit the following sites: www.aboutads.info/choices/
www.youradchoices.com (please note: we do not operate or control these third party sites, and there may be additional ways for you to opt out of online advertising). Please note that by opting out, you will continue to see ads, but ads may not be as relevant to your interests.
Log File Information
When you use our Site, our servers automatically record information, including your Internet Protocol address (“IP Address”), browser type, referring URLs (e.g., the site you visited before coming to our Site), domain names associated with your internet service provider, information on your interaction with the Site, and other such information (collectively, “Log File Information”). We may also collect similar information from emails sent to you which then help us track which emails are opened and which links are clicked by recipients.
We use Log File Information collected from our implementation of the Site to help secure the Site by identifying potential threats and vulnerabilities and in analyzing the effectiveness of our Site to improve the Site’s function and content.
Device Information
Any Devices used in accordance with the Services may record data such as heartrate, ECG, Blood Pressure or other. Data is dependent on devices the User chooses to use in accordance with the Services.
In various places on the Site and Services, we request information from you via forms. The exact information we need to collect (including Personal Information) will depend on the purpose of the form. For example, when you open an account on the Site (“Account”), we collect your name, email address, and phone number. As another example, if you purchase services from your provider through the Site, we may collect payment information (e.g., credit/debit card numbers, expiration date, and CVV); information about your health; and behavioral information (e.g., eating habits, mood and demeanor information, etc.). We will indicate on the form whether a particular field of information is mandatory or optional. If you choose not to provide certain information, we may not be able to provide requested services.
4. Disclosure of Personal Information
We will not disclose Personal Information except as set forth in this Privacy Policy or with your consent. Specifically, we do not sell Personal Information. This section describes to whom we disclose Personal Information and for what purposes:
Providers. The Site and Services support the treatment relationship between you and your Provider. For us to provide our Services, we must confidentially disclose Personal Information to your Provider and/or your Provider’s third-party service providers. Our use and disclosure of any Personal Information collected on behalf of the Provider, including PHI, is limited in accordance with applicable privacy laws and our agreements with the Provider.
Financial Institutions. When you make payments or request a statement through the Site or through our Services, we may provide your Personal Information to your bank, credit card company, or other financial institution (“Financial Institutions”) in order to process such payments or statements. Our use and disclosure of any Personal Information to Financial Institutions is limited in accordance with applicable privacy laws and our agreements with the Financial Institutions.
Our Service Providers. We engage service providers to perform tasks on our behalf and to assist us in operating the Site and Services or providing our products and services. For example, Salus may use third-party vendors and hosting companies to provide the necessary hardware, software, networking, storage, and related technology required to operate the Site and Services. We may store encrypted database backups off site with a third-party storage provider to ensure data security in the case of an emergency or catastrophe. We take commercially reasonable steps to help ensure our service providers provide at least the same level of protection for Personal Information as we do.
Companies Involved in Mergers and Acquisitions Transactions. If we sell or otherwise transfer part or the whole of our business or assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, or liquidation), any information collected through the Site and Services, including Personal Information, may be among the items sold or transferred.
Law Enforcement, Government Agencies, and Courts. We may disclose Personal Information at the request of law enforcement or government agencies; in response to subpoenas, court orders, or other legal process; to establish, protect, or exercise our rights; to defend against a legal claim; to protect the rights, property, or safety of any other person; or as otherwise required by law.
5. How We Protect the Confidentiality of Personal Information
We protect the confidentiality and security of Personal Information we obtain in the course of business. We use commercially reasonable safeguards, such as industry-standard encryption technology, to help keep the Personal Information collected through the Site and Services secure.
Despite these efforts to store Personal Information in a secure operating environment, we cannot guarantee the security of Personal Information during its transmission or its storage on our systems. Further, while we attempt to ensure the integrity and security of Personal Information, we cannot guarantee that our security measures will prevent third parties such as hackers from illegally obtaining access to Personal Information. We do not represent or warrant that Personal Information about you will be protected against, loss, misuse, or alteration by third parties.
6. Retention and Deletion
We will only retain your Personal Information for as long as necessary to fulfill the purposes for which it was collected and processed, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements. In some circumstances, we may de-identify, aggregate, or otherwise anonymize your Personal Information consistent with applicable laws and industry standards so that it can no longer be associated with you, in which case it is no longer treated as Personal Information. It is our policy to retain Personal Information for ten (10) years once such Personal Information is no longer necessary to deliver the Services and to delete such Personal Information thereafter. This means that, if you close your account with us, we will delete Personal Information associated with your account after ten (10) years. Regarding other types of information we collect as described in this policy it is our policy to retain such information for ten (10) years and to delete such Personal Information thereafter.
7. Accessing, Updating, or Deleting Personal Information
If you would like to otherwise access, update, or delete Personal Information about you, you may submit a request to support@salushealth.io. We will promptly review all such requests in accordance with applicable law.
If you are a resident of California or the European Union, please see the information below in Section 10 (California Residents) and Section 11 (EU Residents) for more information regarding your rights.
8. Opting Out of Receiving Electronic Communications
With your permission, we may send notifications, promotions, or other information via email or text message (“Communications”). You may choose to stop receiving Communications by indicating your preference in your account profile or settings. Please note that certain Site and Services-related Communications are necessary for the proper functioning and use of the Site and Services (e.g., to verify the phone number associated with your account) and you may not have the ability to opt out of those Communications.
9. International Use of the Site and Services
If you are using our websites from outside the United States, please be aware that Personal Information may be collected, stored, and processed in the United States. If we transfer Personal Information internationally, we take steps to provide adequate safeguards, such as entering into standard contractual clauses (as approved by the European Commission) with our service providers. For such international transfers of Personal Information, we have adopted reasonable physical, technical, and organizational safeguards against accidental, unauthorized, or unlawful destruction, loss, alteration, disclosure, access, use, or processing of the Personal Information in our possession that substantially mirror protections available to users located within the United States. Please be aware that the data protection laws of the United States might not be as comprehensive as those in your country.
10. California Residents
This section applies to our collection and use of “Personal Information” as defined under California law, if you are a resident of California.
A. Categories of Personal Information Collected, Used, and Disclosed
In accordance with California law, we collected the following categories of Personal Information within the preceding twelve (12) months:
- Identifiers such as your name, email address, IP address, and online identifiers;
- Certain categories of Personal Information described in subdivision (e) of California Civil Code Section 1798.80;
- Internet or other electronic network activity information, including information on your usage of our Website (“Usage Information”);
- Information used to create a profile about a consumer reflecting the consumer’s preferences or behavior;
- Location data such as the GPS coordinates of a mobile device;
- Commercial information, including records of products or services purchased or other purchasing histories; and
- Professional or employment-related information.
We share each of these categories of Personal Information with our service providers to the extent necessary for them to facilitate our business purposes (including any purpose specified in Section 2, above).
Additionally, within the past twelve (12) months, some of our online advertisers may have used and disclosed Usage Information collected automatically from the Service. This may be a “sale” as broadly defined under the CCPA. Therefore, we provide you the right to opt out of this “sale” of Personal Information as described, below.
B. Your California Privacy Rights
If you are a resident of the California, you have the following rights:
Right to Know. You may have the right to request information on the categories of personal information that we collected in the previous twelve (12) months, the categories of sources from which the Personal Information was collected, the specific pieces of Personal Information we have collected about you, and the business purposes for which such personal information is collected and shared. You also have the right to request information on the categories of Personal Information which were disclosed for business purposes, and the categories of third parties in the twelve (12) months preceding your request for your personal information.
Right to Delete. You may have a right to request us to delete Personal Information that we collected from you.
Right to Opt-Out. You have a right to opt-out of certain disclosures of Personal Information to third parties, if such disclosures constitute a “sale” under California law. As noted above, in the past twelve (12) months we enabled advertisers to collect certain information from the Site and Services, which the advertisers may use to improve their interest-based advertising networks. Regardless of whether this is a “sale,” you may opt-out of interest-based advertising as described in Section 3(B), above.
If you would like to exercise your rights listed above, please contact (or have your authorized agent contact) us at support@salushealth.io. When doing so, please tell us which right you are exercising and provide us with contact information to direct our response.
We must verify your identity before fulfilling your requests. If we cannot initially verify your identity, we may request additional information to complete the verification process. Any Personal Information you disclose to us for purposes of verifying your identity will solely be used for the purpose of verification.
You have a right not to receive discriminatory treatment by any business when you exercise your California privacy rights.
11. Individuals in the EU
In this section, we provide additional information relating to how we process Personal Information of individuals in the EU, in accordance with the General Data Protection Regulation (GDPR). If you need more information or would like to exercise your rights under the GDPR, you may contact us at support@salushealth.io.
A. Basis for Processing
Our legal basis for collecting and using the Personal Information described in this Privacy Policy will depend on the Personal Information concerned and the context in which we collect it. We collect Personal Information from you:
- Where we need Personal Information to perform a contract with you;
- Where the processing is in our legitimate interests (including the purposes described, above, in Section 3);
- Where the processing is necessary for us to meet our applicable legal obligations; or
- If we otherwise have your consent.
B. Your Privacy Rights
Depending on applicable law, you may have the right to:
Request access to Personal Information about you.
Request correction of the Personal Information that we hold about you.
Request erasure of Personal Information about you. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of Personal Information about you where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms.
Request restriction of processing of Personal Information about you. You can ask us to suspend the processing of Personal Information in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of Personal Information to you or to a third party.
Withdraw consent at any time where we are relying on consent to process Personal Information about you.
If you wish to exercise any of these applicable rights, please contact us at support@salushealth.io.
Depending on where you live, you may have a right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any of the rights concerning Personal Information. We encourage you to first reach out to us at support@salushealth.io. so we have an opportunity to address your concerns directly before you do so.
C. Our EU Representative
You may contact our EU representative at support@salushealth.io with the subject line “EU Representative Contact Request.”
12. Children’s Privacy
We do not knowingly collect or solicit any Personal Information from children. In the event that we learn that we have collected Personal Information from a child, we will promptly take steps to delete that information.
13. Other Websites and Sites, Including Social Media
We are not responsible for the practices employed by any websites or services linked to or from our Site and Services, including the information or content contained within them. A link to a third party’s website should not be construed as an endorsement. We encourage you to investigate and ask questions before disclosing Personal Information to third parties.
14. Changes to Our Privacy Policy
We may modify or update this Privacy Policy from time to time, so please review it periodically. We may provide you with notice of material changes to the Privacy Policy as appropriate under the circumstances. Unless otherwise indicated, any changes to this Privacy Policy will apply immediately upon posting to the Site and Services.
15. How to Contact Us
If you have any questions about this Privacy Policy or the Site and Services, please email us at support@salushealth.io
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