Telehealth Consent

Telehealth Consent & Open Payments notice

INFORMED CONSENT REGARDING USE OF TELEHEALTH

Last updated: September 2nd, 2023

BY CLICKING “I AGREE,” CHECKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH THE SERVICE OR OTHERWISE AFFIRMATIVELY ACCEPTING THIS CONSENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS CONSENT. IF YOU DO NOT AGREE TO THIS CONSENT, DO NOT CREATE AN ACCOUNT OR USE THE SERVICE. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “I AGREE” BUTTON OR OTHERWISE INDICATES ACCEPTANCE TO THIS CONSENT ON YOUR BEHALF.

IF YOU ARE EXPERIENCING A LIFE-THREATENING SITUATION SUCH AS CONTEMPLATING SUICIDE, CALL 911 OR THE 988 SUICIDE & CRISIS LIFELINE AT 988.

PURPOSE

The purpose of this consent form (“Consent”) is to provide you with information about telehealth and to obtain your informed consent to the use of telehealth in the delivery of healthcare to you by physicians, physician assistants, nurse practitioners (“Providers”) using the online platforms owned and operated by JRNYS Wellness, Inc. and/or its subsidiaries (the “Service”). In this Consent, the terms “you” and “yours” refer to the person using the Service, or in the case of a use of the Service by or on behalf of an individual minor between the ages of thirteen (13) and eighteen (18) or higher age of majority under applicable state law, “you” and “yours” refer to and include (i) the parent or legal guardian who provides consent to the use of the Service by such minor or uses the Service on behalf of such minor, and (ii) the minor for whom consent is being provided or on whose behalf the Service is being utilized.

USE OF TELEHEALTH

Telehealth involves the delivery of healthcare using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. Telehealth may be used for diagnosis, treatment, follow-up and/or patient education, and may include, but is not limited to, one or more of the following: electronic transmission of medical records, photo images, personal health information or other data between a patient and a provider; interactions between a patient and provider via audio, video and/or data communications (such as messaging or email communications); use of output data from medical devices, sound and video files. Alternative methods of care may be available to you, such as in-person services, and you may choose an alternative at any time. Always discuss alternative options with your Provider.

ANTICIPATED BENEFITS

The use of telehealth may have the following possible benefits: making it easier and more efficient for you to access medical care or other services and treatment for the conditions treated by your Provider(s); allowing you to obtain medical care or other services and treatment by Provider(s) at times that are convenient for you; and enabling you to interact with Provider(s) without the necessity of an in-office appointment.

POTENTIAL RISKS

There are also potential risks associated with the use of telehealth and other technology. These risks include, but may not be limited to the following: the quality, accuracy or effectiveness of the services you receive from your Provider could be limited; technology, including the Service, may contain bugs or other errors, including ones which may limit functionality, produce erroneous results, render part or all of such technology, including the Service, unavailable or inoperable, produce incorrect records, transmissions, data or content, or cause records, transmissions, data or content to be corrupted or lost; failures of technology may also impact your Provider(s) ability to correctly diagnose or treat your condition; the inability of your Provider(s) to conduct certain tests or assess vital signs in-person may in some cases prevent the Provider(s) from providing a diagnosis or treatment or from identifying the need for emergency medical care or treatment for you; your Provider(s) may not able to provide treatment for your particular condition and you may be required to seek alternative healthcare or emergency care services; delays in medical evaluation/treatment could occur due to unavailability of your Provider(s) or deficiencies or failures of the technology or electronic equipment used; the electronic systems or other security protocols or safeguards used could fail, causing a breach of privacy of your medical or other information; data stored and communicated electronically, for example, through email communications, may be more susceptible to unintended disclosure of protected health information to third parties; given regulatory requirements in certain jurisdictions, your Provider(s) diagnosis and/or treatment options, especially pertaining to certain prescriptions, may be limited; a lack of access to all of your medical records may result in adverse drug interactions or allergic reactions or other judgment errors.

LIFE THREATENING AND OTHER EMERGENCY SITUATIONS; FOLLOW-UP CARE

If you are experiencing a life-threatening situation such as contemplating suicide, call 911 or the 988 Suicide and Crisis Lifeline at 988. If the situation is an emergency, call 911. In some situations, telehealth is not an appropriate method of care. If you require immediate or urgent care, you must seek care at an emergency room facility or other provider equipped to deliver urgent or emergent care. Providers may not respond promptly to communications you submit through the Service. If you are not experiencing an emergency or do not require immediate or urgent care, you can communicate with Providers through the secure message service in the Service.

If a technical failure prevents you from communicating with your Providers through the Service, you should call the following number: (512) 960-1075 (M-F 8AM – 6PM CST).

DATA PRIVACY AND PROTECTION

The electronic systems used in the Service will incorporate network and software security protocols to protect the privacy and security of your information and will include measures to safeguard data against intentional or unintentional corruption. Personal information that identifies you or contains protected health information will not be disclosed to any third party without your consent, except as authorized by law for the purposes of consultation, treatment, payment/billing, certain administrative purposes, and as required by law to disclose to other persons and agencies certain information obtained during the provision of mental health services (e.g., danger to self or others; mandatory reporting of child, elder, or vulnerable adult abuse) or as otherwise set forth in your Provider's Notice of Privacy Practices.

Use of the Service may include email communications to and from you that may include your protected health information. You understand that JRNYS does not and cannot guarantee the security or privacy of the services you use to receive communications, including for example your email service provider.

LABORATORY PRODUCTS AND SERVICES

Certain healthcare services provided to you by Providers via the Service may require that you complete an at-home diagnostic test. These diagnostic tests are provided by third-party laboratories, and neither JRNYS Wellness, Inc. and its subsidiaries (collectively, “JRNYS”), nor your Provider(s) can guarantee the accuracy or reliability of these tests.

These laboratory tests can provide false negative, false positive, or inconclusive results that could impact your Provider(s) ability to correctly diagnose or treat your medical conditions. A failure or defect of these tests could also impact your Provider(s) ability to correctly diagnose or treat your medical conditions.

OPEN PAYMENTS NOTICE

For informational purposes only, a link to the federal Centers for Medicare and Medicaid Services Open Payments web page is provided here.

The federal Physician Payments Sunshine Act requires that detailed information about payment and other payments of value worth over ten dollars ($10) from manufacturers of drugs, medical device, and biologics to physicians and teaching hospitals be made available to the public.

The Open Payments database is a federal tool used to search payments made by drug and device companies to physicians and teaching hospitals. It can be found at https://openpaymentsdata.cms.g...;

YOUR ACKNOWLEDGMENTS

By clicking “I Agree”, checking a related box to signify your acceptance, using any other acceptance protocol presented through the Service or otherwise affirmatively accepting this consent, you are agreeing and providing your consent with respect to the following: Healthcare services provided to you by Providers via the Service will be provided by telehealth. In some cases, your treating Provider may be a nurse practitioner or physician assistant and not a physician, and you agree to be treated by non-physician providers, if applicable, by using the Service.

Technology used to deliver care, including the Service, may contain bugs or other errors, including ones which may limit functionality, produce erroneous results, render part or all of such technology unavailable or inoperable, produce incorrect records, transmissions, data or content, or cause records, transmissions, data or content to be corrupted or lost, any or all of which could limit or otherwise impact the quality, accuracy and/or effectiveness of the medical care or other services that you receive from your Provider(s).

Certain diagnostic testing services, including laboratory products and services offered through the Service, may contain defects, including ones which may limit functionality or produce erroneous results, any or all of which could limit or otherwise impact the quality, accuracy and/or effectiveness of the medical care or other services that you receive from your Provider(s).

The delivery of healthcare services via telehealth is an evolving field and the use of telehealth or other technology in your medical care and treatment from Provider(s) may include uses of technology different from those described in this Consent or not specifically described in this Consent.

No potential benefits from the use of telehealth or other technology or specific results can be guaranteed, including any laboratory testing results or related diagnosis or treatment by your Provider(s).

Your condition may not be cured or improved, and in some cases, may get worse.

There are limitations in the provision of medical care or other services and treatment via telehealth and technology, including the Service, and you may not be able to receive diagnosis and/or treatment through telehealth for every condition for which you seek diagnosis and/or treatment.

There are potential risks to the use of telehealth and other technology, including but not limited to the risks described in this Consent. You have the opportunity to discuss the use of telehealth, including the Service, with your Provider(s), including the benefits and risks of such use and the alternatives to the use of telehealth.

You understand that there will be no recording of any online treatment sessions by your Provider(s) or you.

Your Provider(s) will assess your medical condition and, in their sole discretion, may determine it is medically appropriate to diagnose and/or treat your condition via telehealth and whether you maintain sufficient knowledge and skills in the use of technology appropriate to diagnosing and/or treating your condition via telehealth.

By continuing to use the Service, you concur with your Provider’s medical assessment and agree to receive a diagnosis and/or treatment via telehealth technology. You have the right to withdraw your consent to the use of telehealth in the course of your care, without prejudice to any future care or treatment and without risking the loss or withdrawal of any health benefits to which your entitled, but you understand that the Providers who utilize the Service do not offer in-person treatment.

Any withdrawal of your consent will be effective upon receipt of written notice to your Providers, except that such withdrawal will not have any effect on any action taken by JRNYS or your Provider(s) in reliance on this Consent before it received your written notice of withdrawal.

Any withdrawal of your consent will not affect any other provision of this Consent, and you will continue to be bound by this Consent.

You understand that the use of the Service involves electronic communication to and from you of your personal medical information in connection with the provision of telehealth services, including through email. You understand that it is your duty to provide JRNYS and your Provider(s) truthful, accurate and complete information, including all relevant information regarding care that you may have received or may be receiving from healthcare and/or mental health providers including emergency contact information for your local healthcare and/or mental health providers. You understand that each of your Provider(s) will assess your medical condition and, in their sole discretion, may determine it is medically appropriate to diagnose and/or treat your condition using telehealth technology, including the Service.

By continuing to use the Service, you concur with your Provider’s medical assessment and agree to receive a diagnosis and/or treatment via telehealth technology.

You understand that each of your Provider(s) may determine in their sole discretion that your condition is not suitable for diagnosis and/or treatment using telehealth technology, including the Service, and that you may need to seek care and treatment from a specialist or other healthcare or mental health provider, outside of such telehealth technology.

JRNYS Wellness, has commercial relationships with Scriptco, LLC. dba Scriptco. & various other pharmacies. JRNYS Wellness, has a financial relationship with the entity that employs or contracts with your Provider.

You are free to obtain your medical examination from another healthcare provider that is not associated with JRNYS.

JRNYS, will use its pharmacy partners to fulfill your order directly to your door. You are free to obtain your prescription from any pharmacy of your choice by contacting our support team.

Prescriptions may be filled by and transferred between any pharmacy partners on your behalf.

You must pay the full amount of the costs associated with use of the Service, including any prescription you may receive, and you will not attempt to submit a claim to Medicare, any other federal payor, or any state or private insurer.

If you have a concern about a medical professional, you may contact the Medical Board in your state regarding your concerns.

Special Notice to California Clients. Physicians and midwifes are licensed and regulated by the Medical Board of California. To confirm a license or file a complaint, go to www.mbc.ca.gov or call (800) 633-2322.

Privacy Policy

PRIVACY POLICY

Latest Revision: May 15, 2023

Introduction

This Privacy Policy pertains to the operations of JRNYS Wellness Health, Inc. and its subsidiaries ("JRNYS Wellness," "we," or "us"), encompassing websites at https://jrnys.com as well as potential present or future mobile applications associated with JRNYS Wellness and/or Hers (collectively referred to as the "Platform"). Your use of the Platform, its components, associated content ("Content"), products/services offered by JRNYS Wellness, and any affiliated sites, software, or applications owned or managed by JRNYS Wellness (collectively including the Platform and Content, the "Service") is governed by this Privacy Policy, unless explicitly stated otherwise. Any terms not defined in this Policy can be understood as per the JRNYS Wellness Terms and Conditions.

We are dedicated to respecting user privacy while utilizing our Service. We have formulated this Privacy Policy to elucidate how JRNYS Wellness collects, employs, and discloses information in the context of providing the Service.

Upon establishing an account, registering, or logging in through the Service, or by accessing/utilizing the Service, you acknowledge the latest version of this Privacy Policy. If any modifications are made to our Privacy Policy, we will post the updated version and revise the "Last updated" date accordingly.

Should you employ the Service on behalf of someone other than yourself, you warrant that you are authorized to act on their behalf and that they comprehend and agree to the principles and policies delineated in this Privacy Policy.

Usage Restrictions for Minors

Our Service is generally intended for use by individuals aged 18 years or older, or as stipulated by applicable state laws. Individuals between 13 and 18 years of age (or an older age as specified by majority age regulations) may utilize the Service solely for securing a medical consultation regarding acne treatment with topical skincare products (as available) provided a parent/legal guardian consents in accordance with our Terms and Conditions and the Service requirements. The Service is not devised for, or aimed at, children under 13. If we become aware that we've gathered personal data from someone under 13, we will make reasonable efforts to cease further use of such information.

Moreover, if you're under 16, you (or your parent/legal guardian if under 13) may request the removal of content/information about you on the Platform. To make such a request ("Minor Information Removal Request"), you can:

Via mail: JRNYS Wellness Health, Inc., Attn: Privacy Officer, 515 Congress Avenue, Suite 1515, Austin, Texas, 78701, with "Removal of Minor Information" in the subject line. Use U.S. Certified Mail for confirmation.

Via email: support@jrnys.com with "Removal of Minor Information" in the subject line.

For each Minor Information Removal Request, state "Removal of Minor Information" in the subject line and specify:

  • The nature of the request

  • The content/information to be removed

  • Content/information location on the Platform (e.g., URL)

  • That the request is for "Removal of Minor Information"

  • Your name, address, city, state, zip, email, and preferred response mode (mail/email)

  • Note that we don't accept Minor Information Removal Requests via phone/fax. Non-compliant/incomplete requests won't be processed.

However, note that we might not erase or allow erasure of such data in specific instances, such as legal obligations, medical record storage, third-party postings, anonymization, or non-compliance with removal instructions. The above doesn't confirm JRNYS Wellness' adherence to Children's Online Privacy Protection Act or similar laws.

Protected Health Information

When creating a JRNYS Wellness account, you establish a customer relationship granting access to Platform functions. You offer data like name, email, shipping, and transaction info, not classified as "protected health information" or "medical information."

In certain Service components, you might provide health/medical data protected under laws. JRNYS Wellness isn't a "covered entity" under HIPAA, though Labs, Pharmacies, or Medical Groups (as in our Terms and Conditions) might be. HIPAA might not apply to your interactions with JRNYS Wellness. If deemed a "business associate," JRNYS Wellness could follow HIPAA's provisions concerning "protected health information" ("PHI") shared with JRNYS Wellness, Medical Group, or Providers. Data governed by state laws ("Protected Information") follows applicable laws. Non-protected data is governed by this Privacy Policy. Medical Groups/Providers have Privacy Practices governing Protected Information.

By using the Service, understand that even if HIPAA applies, data you submit for non-treatment purposes isn't Protected Information, governed by our Privacy Policy and relevant state laws.

Gathering of Personal Data

The personal information we amass is contingent upon your interactions with us, the services you utilize, and the choices you make.

We procure details about you from diverse sources and through various methods when you engage with our services. This includes information you directly provide, automatic data collection, third-party data sources, and data we infer or generate from existing data.

Directly Provided Information: We gather personal information that you directly provide to us. For instance:

  • Name and contact details, like your name, email address, phone number, billing and physical addresses.

  • Demographic data such as gender, date of birth, and zip code.

  • Information from third-party websites, networks, platforms, servers, or applications (e.g., Facebook, Twitter, Instagram).

  • Payment information, such as credit card numbers, financial account details, and other payment particulars.

  • Content and files, including photos, videos, documents, and other uploads to our Service, encompassing email communications.

Sensitive Personal Data: We may collect sensitive personal information, including:

  • Government-issued identification like driver's license, passport number, and social security numbers.

  • Photographic or video images submitted for identification purposes or non-diagnosis/treatment intentions, like images of driver's licenses or passports.

  • Account access details, such as usernames or account numbers combined with passwords, security/access codes, or other credentials.

  • Sensitive demographic data, encompassing racial or ethnic origin.

  • Contents of communications made through our Service.

  • Biometric information that may be used for identity verification before using our Service.

  • Health-related data analyzed by us.

  • Information about your sexual orientation or sex life, analyzed by us.

Automatically Collected Information: When you utilize our services, certain information is automatically collected. For instance:

  • Identifiers and device data. Our web servers log your IP address and device information when you visit our websites. This includes device identifiers (e.g., MAC address), device type, operating system, browser, software details, and settings.

  • Geolocation data. Depending on device and app settings, we may collect geolocation data from our apps or online services. This may involve precise geolocation data, denoting data derived from a device to locate you within a radius of 1,850 feet or less.

  • Usage data. Our websites, apps, and connected products automatically record your activities, including source URL, viewed pages, time spent on pages, access times, and other actions on our website.

  • Generated information. We draw inferences from collected data to deduce probable preferences or traits. For instance, we deduce general geographic location from your IP address.

Third-Party Sourced Information: We also obtain information from third-party sources, which includes:

  • Third-party partners, like applications and services, including social networks that you connect with through our services.

  • Co-branding/marketing partners with whom we offer joint services or marketing activities.

  • Service providers collecting/providing data on our behalf, e.g., companies determining device location based on IP addresses.

  • Publicly available sources, such as open government databases.

When asked to provide personal data, you can decline. You may also use browser/OS controls to limit automatic data collection. However, declining certain necessary information may affect service availability or functionality.

Additionally, JRNYS Wellness Health manages information for medical providers and pharmacies you access through our Service, storing health data on their behalf.

Cookies, Mobile IDs, and Similar Technologies

We employ cookies, web beacons, mobile analytics, advertising IDs, and similar tech to operate our online services, collecting data like usage details, identifiers, and device information.

Cookies and Similar Tech: Cookies are small files stored by your browser on your device, containing alphanumeric strings for identification. Web beacons are electronic images within websites or emails. Our websites also interact with third-party content hosting servers. Our apps access mobile IDs generated by operating systems.

Usage by Us and Partners: We and our partners utilize these technologies to gather personal data, track your activities, analyze website/app performance, deliver tailored advertising, combat fraud, and more. Data collected or inferred may be shared with third parties for these purposes.

Controls Available: A variety of controls exist for managing cookies and related technologies through browsers, mobile OS, and other methods. Consult the "Choice and Control of Personal Data" section for further details.

Usage of Collected Information

We utilize the personal information we gather for the purposes outlined in this privacy statement or as communicated to you otherwise, within the limitations mentioned in the Protected Health Information Section above. Below are some examples of how we use personal information:

Product and Service Delivery:

  • Providing and delivering our services, including troubleshooting, ensuring smooth navigation through the service, confirming your location, enhancing and personalizing the services.

  • Categories of Personal Data Used: Contact information, demographic data, payment information, content and files, biometric information, identifiers and device information, geolocation data, usage data, inferences

  • Sensitive information used: Government ID, account access information, sensitive demographic data, contents of communications, biometric information for identification, health data for collection and analysis, information about sex life or sexual orientation for collection and analysis.

Business Operations:

  • Operating our business, such as billing, processing payments, accounting, managing your account, enhancing internal operations, securing systems, detecting fraudulent or illegal activities, verifying identity, and meeting legal obligations.

  • Categories of Personal Data Used: Contact information, demographic data, payment information, content and files, biometric information, identifiers and device information, geolocation data, usage data, inferences

  • Sensitive information used: Government ID, account access information, precise geolocation data, sensitive demographic data, contents of communications, genetic data, biometric information for identification, health data for collection and analysis, information about sex life or sexual orientation for collection and analysis.

Product Improvement, Development, and Research:

  • Developing, testing, or improving the service, content, features, products, or services offered through the service. Identifying or creating new products or services. Analyzing traffic and user behavior for insights.

  • Categories of Personal Data Used: Contact information, demographic data, payment information, content and files, biometric information, identifiers and device information, geolocation data, usage data, inferences

  • Sensitive information used: Government ID, account access information, precise geolocation data, sensitive demographic data, contents of communications, genetic data, biometric information for identification, health data for collection and analysis, information about sex life or sexual orientation for collection and analysis.

Personalization:

  • Understanding user preferences to enhance the user experience and enjoyment of our services.

  • Categories of Personal Data Used: Contact information, demographic data, payment information, content and files, biometric information, identifiers and device information, geolocation data, usage data, inferences

  • Sensitive information used: Government ID, account access information, precise geolocation data, sensitive demographic data, contents of communications, genetic data, biometric information for identification, health data for collection and analysis, information about sex life or sexual orientation for collection and analysis.

Customer Support:

  • Providing customer support, fulfilling requests, and responding to inquiries. Handling orders for products or services on behalf of users.

  • Categories of Personal Data Used: Contact information, demographic data, payment information, content and files, biometric information, identifiers and device information, geolocation data, usage data, inferences

  • Sensitive information used: Government ID, account access information, precise geolocation data, sensitive demographic data, contents of communications, genetic data, biometric information for identification, health data for collection and analysis, information about sex life or sexual orientation for collection and analysis.

Communications:

  • Sending information related to JRNYS Wellness, medical providers, pharmacies, medical groups, and healthcare professionals. Includes confirmations, invoices, technical notices, updates, security alerts, support, and administrative messages. Facilitating telehealth services.

  • Categories of Personal Data Used: Contact information, demographic data, payment information, content and files, biometric information, identifiers and device information, geolocation data, usage data, inferences

  • Sensitive information used: Government ID, account access information, precise geolocation data, sensitive demographic data, contents of communications, genetic data, biometric information for identification, health data for collection and analysis, information about sex life or sexual orientation for collection and analysis.

Marketing:

  • Communicating about new services, offers, promotions, rewards, contests, events, and other information regarding our services and those of selected partners.

  • Categories of Personal Data Used: Contact information, demographic data, payment information, content and files, biometric information, identifiers and device information, geolocation data, usage data, sensor data, inferences

  • Sensitive information used: Health data for collection and analysis.

Advertising:

  • Promoting and marketing JRNYS Wellness, the service, and related products or services.

  • Categories of Personal Data Used: Contact information, demographic data, identifiers and device information, geolocation data, usage data, inferences

  • Sensitive information used: Health data for collection and analysis.

Data De-identification:

  • We may de-identify information and use, create, and sell such de-identified information for any lawful business purpose.

These are the key purposes for which we use the information we collect. We may share this information as described in the "Disclosure of Information" section below.

Disclosure of Information

We may share personal data in the following circumstances:

  • Service Providers: We share personal data with vendors or agents who work on our behalf to provide the services described in this statement. For instance, third-party companies assisting in customer service or safeguarding our systems may require access to personal data for these functions.

  • Financial Services & Payment Processing: When you provide payment information, such as for purchases, we disclose payment and transactional data to banks and relevant entities for payment processing, fraud prevention, credit risk assessment, analytics, and related financial services.

  • Marketing/Ad Partners: Personal data may be shared with marketing and advertising partners. For instance, we might share identifying information with advertising partners to deliver personalized ads or target ads to individuals with similar interests. This could include certain sensitive personal information, such as health data, if it is not Protected Health Information.

  • Affiliates: Personal data could be accessed by our subsidiaries, affiliates, and related companies when necessary to provide services or operate our business.

  • Medical Groups, Providers, Pharmacies, and Labs: We facilitate information sharing between you and these entities for service provision and payment collection.

  • Corporate Transactions: Personal data may be disclosed in corporate transactions, such as mergers, acquisitions, bankruptcy, or sale of a portion of our business.

  • Legal and Law Enforcement: We might access, disclose, or preserve personal data if required by applicable law or legal process, including requests from law enforcement or government agencies.

  • Security and Safety: Personal data could be disclosed to protect customers and prevent fraud, ensure the security of our services, and enforce agreements, terms, and policies.

  • Third-Party Analytics and Advertising: Our website and apps may allow third-party analytics and advertising providers to collect personal data, including identifiers, device information, geolocation data, and usage data. These vendors might combine data across various sites for analytics and marketing purposes.

  • Other Integrations: Our services may include integrations with third-party services, and information shared with those third parties is governed by their privacy statements.

Furthermore, we may disclose de-identified information in accordance with applicable law.

Choice and Control of Personal Data

We offer various ways for you to control the personal data we possess, including choices about its use. If you wish to access, copy, correct, or delete your personal data held by us, you can do so by visiting our privacy portal.

You can also opt out of promotional communications by following instructions in the message or contacting us. You can manage targeted advertising using browser and platform controls, such as opting out through NAI (http://optout.networkadvertising.org) or DAA (http://optout.aboutads.info/).

Please note that these controls are specific to your device or browser, and we may decline requests in certain cases where permitted by law.

Data Retention

We retain your information as long as necessary for various purposes, including legal compliance, dispute resolution, agreements enforcement, and service provision. Other parties with whom we share your information may have their own retention policies.

Jurisdictional Issues

Our service is subject to U.S. law, and this privacy policy applies to information collected within the United States.

California Residents

If you're a California resident, you have rights under the California Consumer Privacy Act (CCPA), such as the right to know, correct, or delete your personal information. You can opt out of the sale or sharing of your personal information. We do not knowingly sell or share information of minors under 16.

Miscellaneous

We take reasonable measures to protect information, but you're responsible for securing your account. We may update this Privacy Policy and will notify you of material changes.

Contact Us

If you have questions about this Privacy Policy, contact us at support@jrnys.com


Terms and Conditions

PRIVACY POLICY

Latest Revision: May 15, 2023

Introduction

This Privacy Policy pertains to the operations of JRNYS Wellness Health, Inc. and its subsidiaries ("JRNYS Wellness," "we," or "us"), encompassing websites at https://jrnys.com as well as potential present or future mobile applications associated with JRNYS Wellness and/or Hers (collectively referred to as the "Platform"). Your use of the Platform, its components, associated content ("Content"), products/services offered by JRNYS Wellness, and any affiliated sites, software, or applications owned or managed by JRNYS Wellness (collectively including the Platform and Content, the "Service") is governed by this Privacy Policy, unless explicitly stated otherwise. Any terms not defined in this Policy can be understood as per the JRNYS Wellness Terms and Conditions.

We are dedicated to respecting user privacy while utilizing our Service. We have formulated this Privacy Policy to elucidate how JRNYS Wellness collects, employs, and discloses information in the context of providing the Service.

Upon establishing an account, registering, or logging in through the Service, or by accessing/utilizing the Service, you acknowledge the latest version of this Privacy Policy. If any modifications are made to our Privacy Policy, we will post the updated version and revise the "Last updated" date accordingly.

Should you employ the Service on behalf of someone other than yourself, you warrant that you are authorized to act on their behalf and that they comprehend and agree to the principles and policies delineated in this Privacy Policy.

Usage Restrictions for Minors

Our Service is generally intended for use by individuals aged 18 years or older, or as stipulated by applicable state laws. Individuals between 13 and 18 years of age (or an older age as specified by majority age regulations) may utilize the Service solely for securing a medical consultation regarding acne treatment with topical skincare products (as available) provided a parent/legal guardian consents in accordance with our Terms and Conditions and the Service requirements. The Service is not devised for, or aimed at, children under 13. If we become aware that we've gathered personal data from someone under 13, we will make reasonable efforts to cease further use of such information.

Moreover, if you're under 16, you (or your parent/legal guardian if under 13) may request the removal of content/information about you on the Platform. To make such a request ("Minor Information Removal Request"), you can:

Via mail: JRNYS Wellness Health, Inc., Attn: Privacy Officer, 515 Congress Avenue, Suite 1515, Austin, Texas, 78701, with "Removal of Minor Information" in the subject line. Use U.S. Certified Mail for confirmation.

Via email: support@jrnys.com with "Removal of Minor Information" in the subject line.

For each Minor Information Removal Request, state "Removal of Minor Information" in the subject line and specify:

  • The nature of the request

  • The content/information to be removed

  • Content/information location on the Platform (e.g., URL)

  • That the request is for "Removal of Minor Information"

  • Your name, address, city, state, zip, email, and preferred response mode (mail/email)

  • Note that we don't accept Minor Information Removal Requests via phone/fax. Non-compliant/incomplete requests won't be processed.

However, note that we might not erase or allow erasure of such data in specific instances, such as legal obligations, medical record storage, third-party postings, anonymization, or non-compliance with removal instructions. The above doesn't confirm JRNYS Wellness' adherence to Children's Online Privacy Protection Act or similar laws.

Protected Health Information

When creating a JRNYS Wellness account, you establish a customer relationship granting access to Platform functions. You offer data like name, email, shipping, and transaction info, not classified as "protected health information" or "medical information."

In certain Service components, you might provide health/medical data protected under laws. JRNYS Wellness isn't a "covered entity" under HIPAA, though Labs, Pharmacies, or Medical Groups (as in our Terms and Conditions) might be. HIPAA might not apply to your interactions with JRNYS Wellness. If deemed a "business associate," JRNYS Wellness could follow HIPAA's provisions concerning "protected health information" ("PHI") shared with JRNYS Wellness, Medical Group, or Providers. Data governed by state laws ("Protected Information") follows applicable laws. Non-protected data is governed by this Privacy Policy. Medical Groups/Providers have Privacy Practices governing Protected Information.

By using the Service, understand that even if HIPAA applies, data you submit for non-treatment purposes isn't Protected Information, governed by our Privacy Policy and relevant state laws.

Gathering of Personal Data

The personal information we amass is contingent upon your interactions with us, the services you utilize, and the choices you make.

We procure details about you from diverse sources and through various methods when you engage with our services. This includes information you directly provide, automatic data collection, third-party data sources, and data we infer or generate from existing data.

Directly Provided Information: We gather personal information that you directly provide to us. For instance:

  • Name and contact details, like your name, email address, phone number, billing and physical addresses.

  • Demographic data such as gender, date of birth, and zip code.

  • Information from third-party websites, networks, platforms, servers, or applications (e.g., Facebook, Twitter, Instagram).

  • Payment information, such as credit card numbers, financial account details, and other payment particulars.

  • Content and files, including photos, videos, documents, and other uploads to our Service, encompassing email communications.

Sensitive Personal Data: We may collect sensitive personal information, including:

  • Government-issued identification like driver's license, passport number, and social security numbers.

  • Photographic or video images submitted for identification purposes or non-diagnosis/treatment intentions, like images of driver's licenses or passports.

  • Account access details, such as usernames or account numbers combined with passwords, security/access codes, or other credentials.

  • Sensitive demographic data, encompassing racial or ethnic origin.

  • Contents of communications made through our Service.

  • Biometric information that may be used for identity verification before using our Service.

  • Health-related data analyzed by us.

  • Information about your sexual orientation or sex life, analyzed by us.

Automatically Collected Information: When you utilize our services, certain information is automatically collected. For instance:

  • Identifiers and device data. Our web servers log your IP address and device information when you visit our websites. This includes device identifiers (e.g., MAC address), device type, operating system, browser, software details, and settings.

  • Geolocation data. Depending on device and app settings, we may collect geolocation data from our apps or online services. This may involve precise geolocation data, denoting data derived from a device to locate you within a radius of 1,850 feet or less.

  • Usage data. Our websites, apps, and connected products automatically record your activities, including source URL, viewed pages, time spent on pages, access times, and other actions on our website.

  • Generated information. We draw inferences from collected data to deduce probable preferences or traits. For instance, we deduce general geographic location from your IP address.

Third-Party Sourced Information: We also obtain information from third-party sources, which includes:

  • Third-party partners, like applications and services, including social networks that you connect with through our services.

  • Co-branding/marketing partners with whom we offer joint services or marketing activities.

  • Service providers collecting/providing data on our behalf, e.g., companies determining device location based on IP addresses.

  • Publicly available sources, such as open government databases.

When asked to provide personal data, you can decline. You may also use browser/OS controls to limit automatic data collection. However, declining certain necessary information may affect service availability or functionality.

Additionally, JRNYS Wellness Health manages information for medical providers and pharmacies you access through our Service, storing health data on their behalf.

Cookies, Mobile IDs, and Similar Technologies

We employ cookies, web beacons, mobile analytics, advertising IDs, and similar tech to operate our online services, collecting data like usage details, identifiers, and device information.

Cookies and Similar Tech: Cookies are small files stored by your browser on your device, containing alphanumeric strings for identification. Web beacons are electronic images within websites or emails. Our websites also interact with third-party content hosting servers. Our apps access mobile IDs generated by operating systems.

Usage by Us and Partners: We and our partners utilize these technologies to gather personal data, track your activities, analyze website/app performance, deliver tailored advertising, combat fraud, and more. Data collected or inferred may be shared with third parties for these purposes.

Controls Available: A variety of controls exist for managing cookies and related technologies through browsers, mobile OS, and other methods. Consult the "Choice and Control of Personal Data" section for further details.

Usage of Collected Information

We utilize the personal information we gather for the purposes outlined in this privacy statement or as communicated to you otherwise, within the limitations mentioned in the Protected Health Information Section above. Below are some examples of how we use personal information:

Product and Service Delivery:

  • Providing and delivering our services, including troubleshooting, ensuring smooth navigation through the service, confirming your location, enhancing and personalizing the services.

  • Categories of Personal Data Used: Contact information, demographic data, payment information, content and files, biometric information, identifiers and device information, geolocation data, usage data, inferences

  • Sensitive information used: Government ID, account access information, sensitive demographic data, contents of communications, biometric information for identification, health data for collection and analysis, information about sex life or sexual orientation for collection and analysis.

Business Operations:

  • Operating our business, such as billing, processing payments, accounting, managing your account, enhancing internal operations, securing systems, detecting fraudulent or illegal activities, verifying identity, and meeting legal obligations.

  • Categories of Personal Data Used: Contact information, demographic data, payment information, content and files, biometric information, identifiers and device information, geolocation data, usage data, inferences

  • Sensitive information used: Government ID, account access information, precise geolocation data, sensitive demographic data, contents of communications, genetic data, biometric information for identification, health data for collection and analysis, information about sex life or sexual orientation for collection and analysis.

Product Improvement, Development, and Research:

  • Developing, testing, or improving the service, content, features, products, or services offered through the service. Identifying or creating new products or services. Analyzing traffic and user behavior for insights.

  • Categories of Personal Data Used: Contact information, demographic data, payment information, content and files, biometric information, identifiers and device information, geolocation data, usage data, inferences

  • Sensitive information used: Government ID, account access information, precise geolocation data, sensitive demographic data, contents of communications, genetic data, biometric information for identification, health data for collection and analysis, information about sex life or sexual orientation for collection and analysis.

Personalization:

  • Understanding user preferences to enhance the user experience and enjoyment of our services.

  • Categories of Personal Data Used: Contact information, demographic data, payment information, content and files, biometric information, identifiers and device information, geolocation data, usage data, inferences

  • Sensitive information used: Government ID, account access information, precise geolocation data, sensitive demographic data, contents of communications, genetic data, biometric information for identification, health data for collection and analysis, information about sex life or sexual orientation for collection and analysis.

Customer Support:

  • Providing customer support, fulfilling requests, and responding to inquiries. Handling orders for products or services on behalf of users.

  • Categories of Personal Data Used: Contact information, demographic data, payment information, content and files, biometric information, identifiers and device information, geolocation data, usage data, inferences

  • Sensitive information used: Government ID, account access information, precise geolocation data, sensitive demographic data, contents of communications, genetic data, biometric information for identification, health data for collection and analysis, information about sex life or sexual orientation for collection and analysis.

Communications:

  • Sending information related to JRNYS Wellness, medical providers, pharmacies, medical groups, and healthcare professionals. Includes confirmations, invoices, technical notices, updates, security alerts, support, and administrative messages. Facilitating telehealth services.

  • Categories of Personal Data Used: Contact information, demographic data, payment information, content and files, biometric information, identifiers and device information, geolocation data, usage data, inferences

  • Sensitive information used: Government ID, account access information, precise geolocation data, sensitive demographic data, contents of communications, genetic data, biometric information for identification, health data for collection and analysis, information about sex life or sexual orientation for collection and analysis.

Marketing:

  • Communicating about new services, offers, promotions, rewards, contests, events, and other information regarding our services and those of selected partners.

  • Categories of Personal Data Used: Contact information, demographic data, payment information, content and files, biometric information, identifiers and device information, geolocation data, usage data, sensor data, inferences

  • Sensitive information used: Health data for collection and analysis.

Advertising:

  • Promoting and marketing JRNYS Wellness, the service, and related products or services.

  • Categories of Personal Data Used: Contact information, demographic data, identifiers and device information, geolocation data, usage data, inferences

  • Sensitive information used: Health data for collection and analysis.

Data De-identification:

  • We may de-identify information and use, create, and sell such de-identified information for any lawful business purpose.

These are the key purposes for which we use the information we collect. We may share this information as described in the "Disclosure of Information" section below.

Disclosure of Information

We may share personal data in the following circumstances:

  • Service Providers: We share personal data with vendors or agents who work on our behalf to provide the services described in this statement. For instance, third-party companies assisting in customer service or safeguarding our systems may require access to personal data for these functions.

  • Financial Services & Payment Processing: When you provide payment information, such as for purchases, we disclose payment and transactional data to banks and relevant entities for payment processing, fraud prevention, credit risk assessment, analytics, and related financial services.

  • Marketing/Ad Partners: Personal data may be shared with marketing and advertising partners. For instance, we might share identifying information with advertising partners to deliver personalized ads or target ads to individuals with similar interests. This could include certain sensitive personal information, such as health data, if it is not Protected Health Information.

  • Affiliates: Personal data could be accessed by our subsidiaries, affiliates, and related companies when necessary to provide services or operate our business.

  • Medical Groups, Providers, Pharmacies, and Labs: We facilitate information sharing between you and these entities for service provision and payment collection.

  • Corporate Transactions: Personal data may be disclosed in corporate transactions, such as mergers, acquisitions, bankruptcy, or sale of a portion of our business.

  • Legal and Law Enforcement: We might access, disclose, or preserve personal data if required by applicable law or legal process, including requests from law enforcement or government agencies.

  • Security and Safety: Personal data could be disclosed to protect customers and prevent fraud, ensure the security of our services, and enforce agreements, terms, and policies.

  • Third-Party Analytics and Advertising: Our website and apps may allow third-party analytics and advertising providers to collect personal data, including identifiers, device information, geolocation data, and usage data. These vendors might combine data across various sites for analytics and marketing purposes.

  • Other Integrations: Our services may include integrations with third-party services, and information shared with those third parties is governed by their privacy statements.

Furthermore, we may disclose de-identified information in accordance with applicable law.

Choice and Control of Personal Data

We offer various ways for you to control the personal data we possess, including choices about its use. If you wish to access, copy, correct, or delete your personal data held by us, you can do so by visiting our privacy portal.

You can also opt out of promotional communications by following instructions in the message or contacting us. You can manage targeted advertising using browser and platform controls, such as opting out through NAI (http://optout.networkadvertising.org) or DAA (http://optout.aboutads.info/).

Please note that these controls are specific to your device or browser, and we may decline requests in certain cases where permitted by law.

Data Retention

We retain your information as long as necessary for various purposes, including legal compliance, dispute resolution, agreements enforcement, and service provision. Other parties with whom we share your information may have their own retention policies.

Jurisdictional Issues

Our service is subject to U.S. law, and this privacy policy applies to information collected within the United States.

California Residents

If you're a California resident, you have rights under the California Consumer Privacy Act (CCPA), such as the right to know, correct, or delete your personal information. You can opt out of the sale or sharing of your personal information. We do not knowingly sell or share information of minors under 16.

Miscellaneous

We take reasonable measures to protect information, but you're responsible for securing your account. We may update this Privacy Policy and will notify you of material changes.

Contact Us

If you have questions about this Privacy Policy, contact us at support@jrnys.com