Privacy

Cucumber Wellness and its affiliated entities (collectively, the “Companies,” “we” or “us“) respect and are committed to protecting your privacy. Generally, you can browse through our Website without giving us any information about yourself. When we do need to collect your PII (defined below) to provide you with the Service, or when you choose to provide us with your PII, this Privacy Policy describes how we collect, use and disclose your PII, except for personal health information submitted by you in the course of using our Service, which is covered by our HIPAA Policy (the “HIPAA Policy“). Any conflict between this Privacy Policy and the HIPAA Policy with respect to such submitted personal health information shall be resolved in favor of the HIPAA Policy. Also, please note that, unless we define a term in this Privacy Policy, all capitalized terms used in this Privacy Policy have the same meanings as in our Terms of Service. Therefore, please make sure that you have read and understand our Terms of Service.

To learn more about how we collect and use children’s information to deliver telehealth consultations, please see the Children and Privacy section below.

 

Changes to this Privacy Policy

Any information that is collected via our Website, App or the Service is covered by the Privacy Policy or the HIPAA Policy in effect at the time such information is collected. We may amend this Privacy Policy from time to time. If we make any substantial changes in the way we use your PII, we will notify you of those changes by posting on the Service, App and Website or by sending you an email or other notification, and we will update the “Updated Date” above to indicate when those changes will become effective.

 

Information Collection

Personally identifiable Information (“PII“) means any information that may be used to identify an individual, including, but not limited to, a first and last name, email address, a home, postal or other physical address, and phone number.

Account Information. We collect your PII when you register with the Companies for a Cucumber Wellness account, when you submit an entry for a sweepstakes or other promotion, or when you submit your PII to us through the Service for any other reason. If you create an account through the Website or the App, we may also collect your title, birth date, gender, occupation, industry, personal interests, and other information that is not considered PII because it cannot be used by itself to identify you.

Cookies and Tracking Technology. A “cookie” is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the website uses to track the pages you’ve visited, but the only PII a cookie can contain is information you supply yourself. A cookie can’t read data off your hard disk or read cookie files created by other websites. Some parts of the Service use cookies to understand user traffic patterns and to tell us how and when you interact with our Website, App and Service. We do this in order to determine the usefulness of our Website, App and Service information to our users, to see how effective our navigational structure is in helping users reach that information and to customize and improve our Website, App and Service. Unlike persistent cookies, session cookies are deleted when you log off from the Website, App and Service and close your browser.

If you prefer not to receive cookies while browsing our Website, App and Service, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser. You do not need to have cookies turned on to use/navigate through many parts of our Website, App and Service, although if you do so, you may not be able to access all portions or features of the Website, App and Service. Some third-party services providers that we engage (including third-party advertisers) may also place their own cookies on your hard drive. Note that this Privacy Policy covers only our use of cookies and does not include use of cookies by such third parties.

“Web Beacons” (also known as Web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included on our Website, App and Service for several purposes, including to deliver or communicate with cookies, to track and measure the performance of our Website, App and Service, to monitor how many visitors view our Website, App and Service, and to monitor the effectiveness of our advertising. Unlike cookies, which are stored on the user’s hard drive, Web Beacons are typically embedded invisibly on web pages (or in an e-mail).

Information Related to Your Use of the Service. If you have not created an account, when you use our Service, you use our Service, App and Website anonymously. We do automatically log your IP address (the Internet address of your computer) and other information such as your browser type, operating system, the web page that you were visiting before accessing our Website, App and Service, the pages or features of our Website, App and Service to which you browsed to give us an idea of which part of our Website, App and Service you visit and how long you spend there (we refer to this information as “Log Data“). But we do not link your IP address to any PII unless you have logged in via your account. We use Log Data to administer the Website, App and Service and we analyze (and may engage third parties to analyze) Log Data to improve, customize and enhance the Website, App and Service by expanding their features and functionality and tailoring them to our users’ needs and preferences.

Information Sent by Your Mobile Device. We collect certain information that your mobile device sends when you use our Website, App and Service, like a device identifier, user settings and the operating system of your device, as well as information about your use of our Website, App and Service. You understand that, by logging into the App on your mobile device, some information pertaining to your medical treatment may be stored to your mobile device. We are not responsible for any unauthorized access by any third party to such information on your mobile device.

Location Information. When you use our App, we may collect and store information about your location by converting your IP address into a rough geo-location or by accessing your mobile device’s GPS coordinates or course location if you enable location services on your device. We may use location information to improve and personalize our App for you. If you do not want us to collect location information, you may disable that feature on your mobile device.

 

Your Choices

Opt-Out. We may periodically send you free newsletters and e-mails that directly promote our Service. When you receive such promotional communications from us, you will have the opportunity to “opt-out” (either through your account or by following the unsubscribe instructions provided in the e-mail you receive). We do need to send you certain communications regarding the Service and you will not be able to opt out of those communications – e.g., communications regarding updates to our Terms of Service or this Privacy Policy or information about billing.

 

Information Sharing and Disclosure

Your PII is not shared outside of the Companies without your permission, except as described below.

Information Shared with Our Services Providers. We may engage third-party services providers to work with us to administer and provide the Service. These third-party services providers have access to your PII only for the purpose of performing services on our behalf and are expressly obligated not to disclose or use your PII for any other purpose.

Information Shared with Third Parties. We may share your aggregated information and non-identifying information with third parties to conduct on-going quality improvement activities, or for industry research and analysis, demographic profiling and other similar purposes.

Information Disclosed in Connection with Business Transactions. Information that we collect from our users, including PII, is considered to be a business asset. Thus, if we are acquired by a third party as a result of a transaction such as a merger, acquisition or asset sale or if our assets are acquired by a third party in the event we go out of business or enter bankruptcy, some or all of our assets, including your PII, may be disclosed or transferred to a third party acquirer in connection with the transaction.

Information Disclosed for Our Protection and the Protection of Others. We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to enforce our Terms of Service, (ii) to respond to claims, legal process (including subpoenas); (iii) to protect our property, rights and safety and the property, rights and safety of a third party, our users, or the public in general; (iv) to stop any activity that we consider illegal, unethical or legally actionable activity; and (v) as required in accordance with HIPAA or related applicable local, state or federal laws..

 

Your Ability to Review Your Account and Information

If you are a registered user with an account, you can review your PII by going to www.cucumberwellness.com and signing in using the login page.

 

Data Security

Your account information is password-protected for your privacy and security. The Companies safeguard the security of the information you provide to us with physical, electronic, and managerial procedures. In certain areas of our Website and App, we use industry-standard SSL-encryption to enhance the security of data transmissions. While we strive to protect your PII, we cannot ensure the security of the information you transmit to us, and so we urge you to take every precaution to protect your PII when you are on the Internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser.

 

Deletion Requests

You may request that we delete any of the PII that we have collected pursuant to this Privacy Policy. You may submit such a request by emailing our Director of Operations at documentation@happierliving.com.

 

Responding to Do Not Track Signals

Our Website does not have the capability to respond to “Do Not Track” signals received from various web browsers.

 

Children and Privacy

We may collect PII about children under 13 that parents or guardians provide to us when establishing an account for their children’s telehealth consultations, as discussed in the “Account Information” section above.  We may also collect PII from children during a telehealth consultation, including first and last name; medical information; a video or audio file containing the child’s image and voice; persistent online identifiers from the devices used by children, including IP address, processor or device serial number, and unique device identifier; and geolocation information.  We use this information to deliver telehealth consultations, analyze site traffic, optimize site performance, improve our Website, App, and Service, and comply with our legal and regulatory obligations.  To the extent allowed by applicable law, including, but not limited to, HIPAA, we may share this information with third parties to perform quality improvement activities or research and analysis. We may also share this information with service providers who help us deliver our Website, App, and Service and give individuals a better user experience. Lastly, we may disclose this information in connection with business transactions; to comply with federal, state, or local laws; to comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities; to cooperate with law enforcement agencies concerning conduct or activity that we, our service provider, or a third party reasonably and in good faith believe may violate federal, state, or local law; or to exercise or defend legal claims.

Children under the age of 13 may only use our Website, App, and Service if we have obtained verified parental consent.  We do not knowingly collect information from children under the age of 13 unless verified parental consent has been received.  If we learn that we have collected the information of a child under the age of 13 without receiving verified parental consent, we will delete such information from our records.

We use appropriate and reasonable security measures as required by relevant law to maintain the confidentiality, security, and integrity of children’s personal information.  We will retain children’s information only for as long as is necessary to fulfill the purpose for which it was collected and subsequently delete the information using reasonable measures.

Parents and guardians of children under the age of 13 may request to review their child’s personal information, request that we delete it, and refuse to allow any further collection or use of their child’s information.  Parents or guardians may submit such a request to: Director of Operations at: documentation@happierliving.com.

 

Third Party Sites

The Website, App and Service contain links to other sites that are owned or operated by third parties. We are not responsible for the content, privacy or security practices of any third parties. To protect your information, we encourage you to learn about the privacy policies of those third parties.

 

International Transfer

Your information is stored by the Companies on controlled servers with limited access and may be stored and processed in the United States or any other country where the Companies or agents are located. If you’re located outside the United States and choose to provide your PII to us, we may transfer your PII to the United States and process it there. Those who choose to access and use the Service from outside the U.S. do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws.

 

Notice for California Users and Residents

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: If you have a question or complaint regarding the Website, please send an email to documentation@happierliving.com. You may also contact us by writing to Cucumber Wellness 12301 Wilshire Blvd, Suite 512 Los Angeles, CA 90025. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd, Sacramento, CA 95834.

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask for a notice identifying the categories of PII which we share with certain third parties for direct marketing purposes under certain circumstances and providing contact information for such third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: Cucumber Wellness, 12301 Wilshire Blvd, Suite 512 Los Angeles, CA 90025.

 

Questions or Suggestions

If you have questions or concerns about our collection, use, or disclosure of your PII, please email us at documentation@happierliving.com.