Privacy Policy | Optim U Health

Last revised January 15, 2023

OptimU Health, LLC (“Optim U Health,” “Optim U,” “we,” “us,” “our”) takes your privacy very seriously. At Optim U, we know you care about how your personal information is used and shared, and we take protecting the privacy of our users very seriously. This Privacy Policy explains how your personal information is collected, used and disclosed by Optim U when you visit or use our website, www.Optimuhealth.com (our “Site”). By accessing or using our Site, you signify that you have read, understood and agree to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy and our Terms of Use. Please take a moment to familiarize yourself with our privacy practices and let us know if you have any questions.

All capitalized terms that are not defined in this Privacy Policy shall have the meaning given to them in the Terms of Service.

1. Personal information we collect

We may collect personal information when you when you visit the Site, or otherwise communicate with us. The personal information we collect could include your name, phone number, email address, and mailing address. You agree to fully, truthfully, and accurately, create your Optim U Account (“Account”), including but not limited to your name, phone number, mailing address, email address, and password, which become your Optim U ID and credentials. The Optim U ID or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your Optim U ID or credentials, and for all activities occuring under such Optim U ID or credentials. You agree to forbid anyone else from using your Optim U ID or credentials and agree to immediately inform Optim U of any actual or suspected unauthorized use of your Optim U ID or credentials or other security concerns of which you become aware. Your access to the Site may be suspended by Optim U at any time with or without cause.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

YOU REPRESENT AND WARRANT THAT YOU WILL ONLY USE THE SERVICES AND PRODUCTS MADE AVAILABLE THROUGH OUR SITE FOR YOUR OWN, PERSONAL USE AND WILL NOT DISTRIBUTE OR PROVIDE ANY PRODUCTS OBTAINED THROUGH THE SITE TO ANY THIRD PARTY.

You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. Optim U may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

Usage and Device Information

To provide a personalized and high-quality experience for our users, we may use various technologies that automatically record certain technical information from your browser or device when you visit our website, read our emails, use our Site or otherwise engage with us. This information is typically collected through a variety of tracking technologies, including cookies, web beacons, file information and similar technology (collectively, “tracking technologies”). These tracking technologies cookies collect information about how you use the Site (e.g., the pages you view, the links you click and other actions you take on the Site), information about your browser and online usage patterns (e.g., Internet Protocol (“IP”) address, browser type, browser language, referring / exit pages and URLs, pages viewed, whether you opened an email , links clicked), and information about the device(s) you use to access the Site (e.g., mobile device identifier, mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, and whether you access the Site from multiple devices). We may also collect analytics data or use third-party analytics tools such as Google Analytics to help us measure traffic and usage trends for the Site.

We use or may use the data collected through tracking technologies to secure the Site, improve the Site, to save you time, to provide better technical support, and to track website usage. For example, tracking technologies help us to: (a) remember information so that a user will not have to re-enter it during subsequent visits; (b) provide custom, personalized content and information; (c) to identify you across multiple devices; (d) to provide and monitor the effectiveness of our Site; (e) monitor aggregate metrics such as total number of visitors, traffic, and usage on our website and our Site; (f) diagnose or fix technology problems; (g) help users efficiently access information after signing in, and (h) otherwise to plan for and enhance our Site.

If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Depending on your mobile device and operating system, you may not be able to delete or block all cookies.

2. User Information

If you submit, upload, post, or transmit any medical history, health information conditions, problems, symptoms, consent forms, personal information, agreements, requests, comments, ideas, suggestions, videos, information, files, images, or other materials to us, engaged Providers, or otherwise through our Site (“User Information”), you agree not to provide any User Information that (a) is false, misleading, inaccurate, defamatory, abusive, libelous, unlawful, obscene, fraudulent, threatening, harassing, pornographic, or harmful, or that could encourage criminal or unethical behavior (including submitting any third party’s results or information as your own), (b) violates or infringes the privacy, trademark, copyright, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Optim U and Providers that you have the legal right and authorization to provide all User Information to Optim U and Providers for use as set forth herein and required by Optim U and the Providers.

Optim U or Providers may de-identify your information such that it is no longer considered protected health information or personally identifiable information. Optim U or Providers may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes.

You agree not to:

(1) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (1) a message under a false name, or (2) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (A) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct;

(2) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity;

(3) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting;

(4) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (v) use robots or scripts with the Site;

(5) alter the attribution or origin of electronic mail, messages, or posting;

(6) incorrectly identify the sender of any message transmitted to Optim U;

(7) harvest or collect personal health information about any other individual who uses the Site or the Services; and

(8) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties. You agree to defend, indemnify, and hold harmless Optim U and the Providers from and against all third party claims, damages, and expenses including, but not limited to, reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Site.

3. Sharing of your information

Optim U takes great care to protect the information you provide us. Optim U will disclose your personal information when you consent or instruct us to share your information with third parties, or when we have a legitimate business or legal need to share your information. We may also disclose anonymous or aggregate information that does not reasonably identify you as an individual.

With User consent, we may also share information for the following business purposes:

• Third-party vendors and other service providers that perform services on our behalf, as needed to carry out their work for us, which may include providing mailing services, providing payment or accounting service, web hosting, or providing analytic services.

• Other parties in connection with a company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party, or in the event of a bankruptcy or related or similar proceedings. If we sell, divest or transfer our business, we will require the new owner to continue to honor the terms provided in this Privacy Policy or we will provide the User with notice and an opportunity to opt-out of the transfer of their Data by deleting the Data before the transfer occurs.

• Third parties as required by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Use or to protect the security or integrity of our Site; and/or (c) to exercise or protect the rights, property, or personal safety of Optim U, our users, visitors, or others.

We may also share information with others in an aggregated or otherwise anonymized form that does not reasonably identify you directly as an individual. For example, we may use and share aggregate or anonymized data to study and improve our Site, user functionality and product offerings.

California Users. Optim U will not sell or share the personal information of Users unless the User, in the case of Users at least 13 years of age and less than 16 years of age, or the User’s parent or guardian, in the case of Users less than 13 years of age, affirmatively authorizes the sale or sharing of the User’s personal information.

Opt-Out. Users have a right to opt-out of the sale and sharing of their personal information.

4. Electronic Communications

When you use the Site or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Optim U and engaged Providers may contact you by telephone, mail, or email to verify your Account information. Optim U and the Providers may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 10 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.

5. Consent to Receive Calls and Text Messages and Video Recording

By providing your mobile number, you are agreeing to be contacted by or on behalf of Optim U at the mobile number you have provided, including calls and text messages, to receive informational, Product or Service related (i.e., reminders, etc.) messages and communications relating to the Services and Site. You can stop receiving messages by texting STOP or by notifying us at info@optimuhealth.com. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some Site features and certain Services may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your Services.

Your Provider may record (audio and video) all or part of your interaction with him or her (“Recordings”). Such Recordings are used for quality assurance purposes, to better deliver to you the Products and Services, and to help Optim U improve the Site. Optim U will keep such Recordings confidential, and we will not publicly display such recordings unless legally required to do so, such as if subject to a court order. By accessing and using the Site, you agree and consent to such Recordings for the purposes and uses set forth in these Terms of Use and as otherwise set forth in the Privacy Policy.

6. Storage and protection of your information

Storage and processing: Your information collected through our Site may be stored and processed in the United States or any other country in which Optim U or its affiliates or Site providers maintain facilities. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.

Keeping information safe: We care about the security of your information and employ physical, administrative, and technological safeguards designed to preserve the integrity and security of all information collected and maintained by our Site. Access to information is limited to those employees who require it to perform their job functions. We use industry-standard Secure Socket Layer (SSL) encryption technology to safeguard the account registration process and sign-up information. Other security safeguards include but are not limited to data encryption, firewalls, and physical access controls to building and files. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

7. Data rights

Modifying or deleting your information: If you have any questions about reviewing, modifying, or deleting your information, or if you want to remove your name or comments from our website or publicly displayed content, you can contact us directly at info@optimuhealth.com. We may not be able to modify or delete your information in all circumstances.

If you have any questions or requests about your account information, contact us directly at info@optimuhealth.com.

8. Protection of your data and compliance with laws

Through the course of providing the Site, Optim U collects information about Users on the Site. Personal information collected, along with other information associated with that personal information, is “User Data.” The User Data we collect can include name, mailing and email addresses, and phone number, and may collect additional information associated with the User profile.

This Section describes our practices with regard to User Data.

User Data privacy principles. We are committed to the following principles to protect User Data:

• We collect, maintain, use and share User Data only to provide and support the Site as described in our Privacy Policy, to maintain, develop, support or improve our Site, and as otherwise permitted by our agreements or with the consent of the parent, guardian, or User.

• We do not use or disclose User Data for targeted advertising purposes.

• We do not build a personal profile of a User other than in furtherance of the User’s application for a career on the Site, or as authorized by a User.

• We maintain a comprehensive data security program designed to protect the types of User Data maintained by the Site.

• We will clearly and transparently disclose our data policies and practices to our Users.

• We will never sell User Data unless the sale is part of a corporate transaction, such as a merger, acquisition, bankruptcy, or other sale of assets, in which case we will require the new owner to continue to honor the terms provided in this Privacy Policy or we will provide the User with notice and an opportunity to opt-out of the transfer of User Data by deleting the User Data before the transfer occurs.

• We will not make any material changes to our Privacy Policy or contractual agreements that relate to the collection or use of User Data without first giving notice to the User and providing a choice before the User Data is used in a materially different manner than was disclosed when the information was collected.

How we use and disclose User Data. We use and disclose User Data as described in our Privacy Policy under the section “Sharing of Your Information.”

Users (or their Parents) can request account deletion at any time by contacting Optim U at info@optimuhealth.com. We may not be able to immediately or completely delete all data in all instances, such as information retained in technical support records, customer Site records, backups, and other similar business records. We will not be required to delete any information which has been de-identified or disassociated with personal identifiers such that the remaining information cannot reasonably be used to identify a particular individual.

9. California residents

This section applies to you if you are a resident of the state of California. California law requires us to disclose certain information regarding the categories of personal information we collect. For purposes of this section, “personal information” has the meaning provided by the California Online Privacy Protection Act (the “COPPA”), California Consumer Privacy Act (the “CCPA”) and the California Privacy Rights Act (the “CPRA”) and does not include information that is publicly available, that is de-identified or aggregated such that it is not capable of being associated with us, or that is excluded from the COPPA’s, CCPA’s or CPRA’s scope. This section does not describe or apply to information relating to our employees, contractors, and other personnel. If you have a question or would like to exercise your California consumer rights to knowledge, access or deletion, please contact info@optimuhealth.com.

Collection and use of personal information. We collect personal information from and about you for a variety of purposes, as described in this Privacy Policy. In the last 12 months, we have collected the following categories of personal information:

• Identifiers, such as your name, address, phone number, email address, or other similar identifiers and information associated with your career profile;

• California customer records, such as payment information collected through our payment vendor;

• Internet/Network information, such as IP address, unique device information, logs and analytics data;

• Geolocation data, such as approximate location data generated based on your IP address or other information.

We collect this information directly from you, from your browser or device when you visit our Site, and from third parties that you access through the Site or third parties that you permit to share information with us.

Disclosure of Personal Information. We share and disclose personal information with third parties as described in “Sharing of Your Information.”

Additionally, as is common practice among companies that operate online, we may permit third party advertising networks, social media companies and other third-party businesses collect and disclose personal information (including Internet/Network information, commercial information, and inferences) directly from your browser or device through cookies or tracking technologies when you visit or interact with our Sites online. These third parties use this information for the purposes of serving ads that are more relevant, for ad campaign measurement and analytics, and for fraud detection and reporting and may sell that information to other businesses for advertising and other purposes. By visiting here www.privacyrights.info or www.optout.privacyrights.info, you can opt out from sales of this type of personal information by businesses that participate in the opt out tool. To make opt-out requests related to mobile apps on your device for businesses participating in the DAA’s CCPA App-based Opt-Out Tool, you can download the appropriate app at www.youradchoices.com/appchoices.

Your Rights and Choices. As a California resident, you may be able to request to exercise the following rights:

• The Right to Know any or all of the following information relating to your personal information we have collected and disclosed in the last 12 months, upon verification of your identity: the specific pieces of personal information we have collected about you; the categories of personal information we have collected about you; the categories of sources of the personal information; the categories of personal information that we have disclosed to third parties for a business purpose or sold to third parties, and the categories of recipients to whom this information was disclosed; and the business or commercial purposes for collecting or selling the personal information.

• The Right to Request Deletion of personal information we have collected from you, subject to certain exceptions.

The Right to opt Out of Personal Information Sales to and Sharing with third parties.

You also have the right to be free of discrimination for exercising these rights. However, please note that if the exercise of these rights limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you access to our Site or engage with you in the same manner.

To Submit your California Consumer Rights Requests. You may submit a request to exercise your California Consumer Rights through one of the mechanisms described below. We will need to verify your identity before processing your request, which may require us to request additional personal information from you or require you to log into your account, if you have one. In certain circumstances, we may decline or limit your request, particularly where we are unable to verify your identity or locate your information in our systems, or as permitted by law.

• To submit a request to exercise your California consumer rights, please email info@optimuhealth.com.

• If you are an adult user, you may exercise your Right to Opt Out of Personal Information Sales and Sharing by emailing us at info@optimuhealth.com.

Privacy Rights of Minors. If you are the User or a parent or guardian of a User under the age of 18 and you want to remove their name or comments from our website or publicly displayed content, please contact us directly at info@optimuhealth.com.

10. How to contact us

If you have any questions about this Privacy Policy or the Site, please contact us at info@optimuhealth.com or by writing to us at 11275 Martin Rd, Warren, MI, 48093.

11. Changes to privacy policy

Optim U may modify or update this Privacy Policy from time to time so you should review this page periodically. If we change the policy in a material manner, for example if we seek to use personal information in a materially different way than we had previously, we will let you know and update the ‘last modified’ date at the bottom of this page. If you object to any changes, you may close your account. Continuing to use our Site after we publish changes to this Privacy Policy means that you are consenting to the changes.

This privacy policy was last modified on January 15, 2023.