Privacy Policy

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

Introduction

This Privacy Policy (“Privacy Policy”) describes the data protection practices of Fitcura LLC (“Fitcura,” “we,” “our,” or “us”) when you interact with us, our application(s), or website(s). For the purposes of this Privacy Policy, “Personal Information” refers to any information that is linked or reasonably linkable to an identified or identifiable natural person.

We refer to the Websites, and other services provided by Fitcura together in this Privacy Policy as the “Services.” This Privacy Policy is incorporated into our Terms of Use. All capitalized terms used in this Privacy Policy but not defined herein have the meanings assigned to them in the Terms of Use.

If you are a California resident, please review the section regarding Privacy Information for California Residents herein for state-specific rights.

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR INFORMATION. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES.

This Privacy Policy contains the following sections:

• The Information We Collect and the Sources of Such Information
• Purposes for How We Use Your Information
• Online Analytics and Advertising
• How We Share and Disclose Your Information
• Your Marketing Choices
• Health Information and Third-Party Services
• How We Protect Your Information
• Privacy Information for California Residents
• Retention of Your Information
• Revisions to Our Privacy Policy
• Contacting Us

The Information We Collect and the Sources of Such Information

We obtain Personal Information about you through the means discussed below when you use the Services. Please note that we need certain types of Personal Information so that we can provide the Services to you. If you do not provide us with such information, or ask us to delete it, the Services may not function as intended.

1. Information You Provide to Us

We collect a variety of Personal Information that you provide directly to us. For example, we collect Personal Information from you through:

• Account and product registration and administration of your account
• Processing your orders and requests for treatment
• Questions, communications, or feedback you submit to us via forms or email
• Requests for customer support and technical assistance
• Uploads or posts to the Services
• Employment applications you submit

The types of Personal Information we collect directly from you may include:

• Name, address, telephone number, date of birth, and email address
• Information about your medical conditions, treatment options, prescriptions, and related health information
• Log-in credentials if you create an account
• Billing information, such as shipping address, credit or debit card number, collected by our payment processors on our behalf
• Identity verification information (e.g., driver’s license or other government-issued ID)
• Information about purchases or other transactions with us
• Information about your customer service interactions with us
• Demographic information such as your gender, race/ethnicity, and age
• Any other information you choose to directly provide to us

2. Information We Collect Through Automated Means

When you use our Website and app, we collect and analyze information such as your IP address, device types, browser types, operating system, referring and exit pages, pages viewed, the amount of time spent on particular pages, search terms, the date and time you used the Services, error logs, and other similar information.

Location Information

We and our service providers may automatically collect general location information (e.g., IP address, city/state and or postal code). We will ask your permission before collecting your precise GPS location information.

Our Use of Cookies and Similar Online Tools

We and our service providers use web server logs, cookies, tags, SDKs, tracking pixels, and other similar tracking technologies. You can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information.

3. Information We Collect from Social Media

When you “like” or “follow” us on Facebook, Instagram, Twitter, or other social media platforms, we may collect some information from you including your name, email address, and any comments or content you post relevant to us.

4. Information We Receive from Other Sources

We work closely with third parties (including physicians, medical professionals, pharmacies, advertising networks, analytics providers, marketing partners, and search information providers) who may provide us with additional Personal Information about you.

Purposes for How We Use Your Personal Information

In connection with providing you with the Services, we may use your Personal Information to:

• Carry out, improve, and manage the Services and facilitate the provision of health care services
• Engage in internal research to understand the effectiveness of our Services
• Communicate with you about the Services, your use of the Services, or your inquiries
• Communicate with you about surveys, promotions, and special events
• Provide you with technical support and customer service
• Verify your identity and administer your account, including processing your payments
• Ensure that content is presented in the most effective manner for you
• Provide you with more relevant advertisements and personalized content
• Help us better understand your interests and needs
• Comply with applicable procedures, laws, and regulations
• Establish, exercise, or defend our legal rights

Online Analytics and Advertising

1. Online Analytics

We may use third-party web analytics services (such as Google Analytics and Mix Panel) on our Services to collect and analyze usage information. To prevent Google from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on.

2. Online Advertising

The Services may integrate third-party advertising technologies (e.g., Facebook, Google Ad Words, TikTok, Criteo and others) that use cookies, pixels, and other technologies to deliver relevant content and advertising.

3. Mobile Advertising

When using mobile applications, you may receive tailored in-application advertisements. Each operating system provides its own instructions on how to prevent the delivery of tailored in-application advertisements.

4. Notice Concerning Do Not Track

We do not currently recognize or respond to browser initiated DNT signals. Nevertheless, we strive to recognize universal opt-out signals where legally required.

5. Use of Artificial Intelligence Technologies

We may utilize artificial intelligence (AI) technologies to enhance our Services. Critical decisions regarding your health care always involve human oversight from qualified healthcare professionals. The Personal Information we process through AI systems is subject to the same data protection and security measures discussed in this Privacy Policy.

How We Share and Disclose Your Information

We may share your information for our business purposes in the following ways:

• Affiliates and Subsidiaries: To deliver products and services to you and ensure a consistent level of service.
• Health Care Providers and Services: To schedule and fulfill appointments and provide health care services.
• Service Providers: Select third parties who perform services on our behalf, including billing, marketing, analytics, customer service, shipping, payment processing, and legal services.
• Advertising Networks: See the “Online Advertising” section above.
• Joint Product/Marketing Partners: Entities that jointly offer or provide services or products with us.
• Protection of Company and Others: If required by law or in good faith belief that access, retention or disclosure is reasonably necessary.
• Business Transfers: In business transactions, user Personal Information may be among the transferred assets.
• Public Forums/User Interactions: Any Personal Information that you post publicly is not confidential.
• Testimonials/Reviews: You consent to our use of your name, likeness, and other information in marketing materials.
• Consent: We may disclose your information in other ways you direct us to.

Your Rights and Choices

Depending on the state in which you live, you may have legal rights with respect to your information:

• Information about the categories of information we process
• Access to the information we have collected about you and a copy in a portable format
• Correct certain information we have about you
• Deletion of the information we have about you

You may make a request by emailing us at support@fitcura.com.

Your Marketing Choices

You may instruct us not to use your contact information to contact you by email, postal mail, or phone regarding products, services, promotions, and special events. In commercial email messages, you can also opt out by following the instructions at the bottom of such emails.

Sensitive Data Opt-Out/Opt-In Right

You have a right to limit our use of sensitive data for purposes other than to provide the services or goods you request. To opt-out from such additional purposes, send us an email or use the Global Privacy Control.

Collection of Children’s Data

Our Services are not directed to or intended for use by anyone under the age of 16. We do not knowingly collect Personal Information from anyone under the age of 16.

Health Information and Third-Party Services

This Notice of Privacy Practices describes how we may use and disclose your Protected Health Information (PHI) to carry out treatment, payment, or healthcare operations and for other purposes permitted or required by law.

Uses and Disclosures of PHI

We may use and disclose your PHI for the following purposes:

• Treatment: To provide, coordinate, or manage your healthcare and related services.
• Payment: To obtain payment for healthcare services provided to you.
• Healthcare Operations: For quality assessment, case management, accreditation, licensing, and credentialing.
• As Required by Law: When required by federal, state, or local law.
• Public Health and Safety: To prevent or control disease, injury, or disability.
• Health Oversight Activities: For activities authorized by law, such as audits and investigations.
• Judicial and Administrative Proceedings: In response to a court order, subpoena, or other lawful process.
• Law Enforcement: For law enforcement purposes as required.
• Research: When approved by an institutional review board with privacy protections in place.
• Workers’ Compensation: For workers’ compensation or similar programs.

Your Rights Regarding PHI

• Right to Inspect and Copy: You have the right to inspect and copy your PHI that we maintain.
• Right to an Accounting of Disclosures: You may request an accounting of disclosures made in the past six years.
• Right to Request Restrictions: You may request a restriction on our use or disclosure of your PHI.
• Right to Request Confidential Communications: You may request that we communicate with you in a certain way or at a certain location.
• Right to a Paper Copy of This Notice: You may receive a paper copy of this Notice.
• Right to be Notified of a Breach: You have the right to be notified if we discover a breach of your PHI.

Transmission of PHI

We ensure that any electronic transmission of PHI subject to HIPAA complies with the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule (45 CFR 164), including the use of Secure-Socket Layer (SSL) or equivalent technology.

How We Protect Your Information

We take a variety of technical and organizational security measures designed to protect both your PHI and Personal Information. However, no method of transmission over the Internet is absolutely secure. Any transmission is at your own risk.

Privacy Information for California Residents

If you are a California resident, California law requires us to provide you with additional information regarding how we collect, use, and share your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).

Categories of personal information we collect include:

• Identifiers and contact information (e.g., name, address, email, government-issued IDs)
• Commercial and transactional information
• Financial information (collected by our payment processors)
• Internet or other network or device activity
• Geolocation information
• Demographic and statistical data
• Physical characteristics (e.g., photos and videos)
• User-generated content
• Customer service data

To exercise your data rights under California law, email us at support@fitcura.com.

State-Specific Provisions

We comply with applicable state-specific privacy laws in Colorado, Connecticut, Delaware, Florida, Iowa, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah, and Virginia. Depending on your state of residence, you may have the following rights:

• Right of Access: Confirm whether we process your Personal Information and request access.
• Right to Deletion: Request that we delete Personal Information we have collected.
• Right to Data Portability: Request your Personal Information in a portable format.
• Right to Correction: Correct inaccuracies in your Personal Information.
• Right to Opt Out: Opt out of targeted advertising, the sale of your Personal Information, and profiling.

Retention of Your Information

We keep your information for no longer than necessary for the purposes for which it is processed. The length of time depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.

Revisions to Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Your continued use of our websites after such amendments will be deemed your acknowledgment of these changes.

Contacting Us

If you have any questions about this Privacy Policy or our privacy practices, please contact us at:

Medical Advice or Services

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY. The content of this website is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind. You should always seek the advice of our board-certified medical practitioner or other qualified health care provider with any questions or concerns. Visiting the website or registering an account does not create a physician-patient relationship.