Privacy Policy
Updated October 8th, 2024
Health Guys Inc., a Texas corporation (together with its affiliates and related entities,“HealthGuys” or “we” or “us”), respects the privacy of others. This Privacy Policy explains Health Guys’ privacy practices for the Health Guys website located at https://www.healthguys.com (together with its pages and features, the “Platform”) by providing you and any person helping you visit, access, register with or use the Platform (collectively, “you” or “your”) with an overview of the following: The type of information about you that Health Guys collects through the Platform; How that information is collected; How that information is used; Who will have access to that information; and Health Guys’ security measures for protecting that information. THIS PRIVACY POLICY APPLIES TO INFORMATION COLLECTED THROUGH THE PLATFORM. CAREFULLY READ THIS PRIVACY POLICY IN ITS ENTIRETY. THIS PRIVACY POLICY MAY CHANGE FROM TIME TO TIME. BY VISITING, ACCESSING OR USING THE PLATFORM, YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST-RECENT VERSION OF THIS PRIVACY POLICY, AS WELL AS THE PLATFORM’S TERMS AND CONDITIONS, AND YOUR CONTINUING VISIT, ACCESS OR USE OF THE PLATFORM REAFFIRMS YOUR ACCEPTANCE AND AGREEMENT IN EACH INSTANCE. As used herein, the term “personal information” means information that would allow someone to specifically identify you or contact you physically or online (e.g., your name, physical address, telephone number, email address, social security number). The term “non-personal information” means any information other than personal information that Health Guys may collect from you.
A SPECIAL NOTE ABOUT MINORS.
The Platform is a general audience website intended for use by adults. The Platform is not designed or intended to attract, and is not directed to, children under eighteen (18) years of age, let alone children under thirteen (13) years of age. Health Guys does not collect personal information through the Platform from any person it actually knows to be under thirteen (13) years of age. If Health Guys obtains actual knowledge that it has collected personal information through the Platform from a person under thirteen (13) years of age, then it will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form. Furthermore, if you are under eighteen (18) years of age, then you (or your parent or legal guardian) may at any time request that Health Guys remove content or information about you that is posted on the Platform. Please submit any such request (“Request for Removal of Minor Information”) via email to privacy@healthguys.com with a subject line of “Removal of Minor Information.”
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PLEASE NOTE THAT THE AFOREMENTIONED REMOVAL DOES NOT ENSURE COMPLETE OR COMPREHENSIVE REMOVAL OF SUCH CONTENT OR INFORMATION POSTED ON THE PLATFORM. Also, please note that Health Guys is not required to erase or otherwise eliminate, or to enable erasure or elimination of, such content or information in certain circumstances, such as, for example, (a) when an international, federal, state, or local law, rule or regulation requires Health Guys to maintain the content or information; (b) when the content or information is stored on or posted to the Platform by a third party other than you (including any content or information posted by you that was stored, republished or reposted by the third party); (c) when Health Guys anonymizes the content or information, so that you cannot be individually identified; (d) when you do not follow the aforementioned instructions for requesting the removal of the content or information; and (e) when you have received compensation or other consideration for providing the content or information. The foregoing is a description of Health Guys’ voluntary practices concerning the collection of personal information through the Platform from certain minors, and is not intended to be an admission that Health Guys is subject to the Children’s Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.
2. CATEGORIES OF INFORMATION COLLECTED.
Health Guys may collect personal and non-personal information about you through the Platform. a. Categories of Information Collected Through the Platform. The categories of personal and non-personal information collected from you through the Platform might include your: Name (first, last and/or middle) and unique identifiers (e.g., username); Contact form information for the Platform; Home contact information (e.g., mailing address, email address, telephone number, fax number); Gender; Date of birth; Electronic signature; Photographic or video image to the extent provided by you to Health Guys; The results of any questionnaires, tests, surveys, information requests, interviews, or other documentary, text, video, or audio interactions related to the provision of our products and/or services; Billing, payment or shipping information (e.g., payor or payee name, checking account number, credit card number, expiration date, verification code, accountholder name, cardholder name, billing address, mailing address, tax ID number, billing history); Business contact information (e.g., company, title, mailing address, email address, telephone number, facsimile number, tax ID number); Computer, mobile device, and/or browser information (e.g., IP address, mobile device ID information, operating system, connection speed,
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bandwidth, browser type, referring/existing web pages, web page requests, cookie information, hardware attributes, software attributes); Third-party website, network, platform, server and/or application information (e.g., LinkedIn, Facebook, etc.); Usage activity concerning your interactions with the Platform, and/or third- party websites, networks, platforms, servers or applications accessed through the Platform (e.g., number of clicks on a page or feature, amount of time spent on a page or feature, identity of third-party websites, networks, platforms, servers and applications being accessed through the Platform); Usage activity concerning products and services provided to or accessed by you on or through the Platform (e.g., viewing habits, viewing preferences, viewing history, title selections, favorites, streams, downloads, demographics and closed captioning selections); Transactional information (e.g., offers, orders, pricing, payments, purchaser, seller, item information, shipping terms, comments, ratings, feedback and instant messages and/or other communications made within or through the Platform); Information about third parties that you refer to Health Guys (e.g., name, email and/or other contact information, relationship); Information set forth in the Platform’s online account registration, subscriber profile, and/or subscriber directory forms completed by you; and/or Statements or content (e.g., comments, test results, videos, photographs, images), and information about such statements or content, which you submit, create, or publish on or through the Platform, or which are accessed via your public or linked social media pages (e.g., LinkedIn, Facebook, etc.).
b. Categories of Other Information Collected From Your Mobile Device. If you use your mobile device to visit, access or use the Platform, then additional categories of personal and non-personal information collected from you through the Platform might include: Your name associated with your mobile device; Your telephone number associated with your mobile device; Your mobile device ID information; With your express consent, your contacts and/or contact information (e.g., names, telephone numbers, physical addresses, email addresses, photos) stored on your mobile device; and/or With your express consent, information about third-party software applications on your mobile device (including, without limitation, general software apps, downloadable software apps, social media apps).
3.HOW INFORMATION IS COLLECTED.
Health Guys might collect personal and non-personal information from you when you visit, access or use the Platform; when you purchase any of the products and/or services of Health Guys online through the Platform; when you “contact” Health Guys through the Platform; when
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you allow the Platform to access, upload, download, import or export content found on or through, or to otherwise interact with, your computer or mobile device (or any other device you may use to visit, access or use the Platform) or online accounts with third-party websites, networks, platforms, servers or applications (e.g., your online social media accounts, your cloud drives and servers, your mobile device service provider); or whenever Health Guys asks you for such information, such as, for example, when you process a payment through the Platform, or when you answer an online survey or questionnaire through the Platform. In addition, if you or a third party sends Health Guys a comment, message or other communication (such as, by way of example only, email, letter, fax, phone call, or voice message) about you or your activities on or through the Platform, then Health Guys may collect any personal or non-personal information provided therein or therewith. Finally, Health Guys might use various tracking, data aggregation and/or data analysis technologies, including, for example, the following: a. Cookies (or browser cookies). Cookies are small data files (e.g., text files) stored on the browser or device you use to view a website or message. They may help store user preferences and activity, and may allow a website to recognize a particular browser or device. There are several types of cookies, including, for example, browser cookies, session cookies, and persistent cookies. Cookies may record information you access on one page of a website to simplify subsequent interaction with that website, or to help streamline your transactions on related pages of that website. Most major browsers are set up so that they will initially accept cookies, but you might be able to adjust your browser’s or device’s preferences to issue you an alert when a cookie is downloaded, or to block, reject, disable, delete or manage the use of some or all cookies on your browser or device. b. Flash Cookies. Flash cookies are cookies written using Adobe Flash, and which may be permanently stored on your device. Like regular cookies, Flash cookies may help store user preferences and activity, and may allow a website to recognize a particular browser or device. Flash cookies are not managed by the same browser settings that are used for regular cookies. c. Web Beacons (or Pixel Tags). Web beacons are pieces of code embedded in a website or email to monitor your activity on the website or your opening of the email, and which can pass along information such as the IP address of the computer or device you use to view the website or open the email, the URL page on which the web beacon is located, the type of browser that was used to access the website, and previously set cookie values. Web beacons are sometimes used to collect advertising data, such as counting page views, promotion views or advertising responses. Disabling your computer’s, device’s or browser’s cookies may prevent some web beacons from tracking or recording certain information about your activities.
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d. Scripts. Scripts are pieces of code embedded in a website to define how the website behaves in response to certain key or click requests sent by the user. Scripts are sometimes used to collect information about the user’s interactions with the website, such as the links the user clicks on. Scripts are oftentimes temporarily downloaded to the user’s computer or device from the website server, active only while the user is connected to the Platform, and deactivated or deleted when the user disconnects from the website. e. Analytics. Analytic tools and services, which are sometimes offered by third parties, track, measure and/or generate information about a website’s or program’s traffic, sales, audience and similar information, and may be used for various reasons, such as, for example, statistical research, marketing research, content ratings research, and conversion tracking. Examples of the analytic tools and services which Health Guys might use include Google Analytics. Health Guys may also use other third-party analytic tools and services.
Please be advised that if you choose to block, reject, disable, delete or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies, then certain areas of the Platform might not function properly. By visiting, accessing or using the Platform, you acknowledge and agree in each instance that you are giving Health Guys permission to monitor or otherwise track your activities on the Platform, and that Health Guys may use the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies.
- USE OF INFORMATION COLLECTED.
Health Guys may use the personal and/or non-personal information it collects from you through the Platform in a variety of ways, such as, for example, to: Fulfill your requests; Process your payments; Facilitate your movement through the Platform; Facilitate your use of the Platform and its products and/or services; Send you communications like, for example, administrative emails, answers to your questions, and updates about the Platform; Provide you with information about Health Guys, and/or its businesses, products and services by letter, email, text, telephone or other forms of communication; Provide you with information about third-party businesses, products and services by letter, email, text, telephone or other forms of communication; Improve the Platform and/or its content, features and/or services; Improve the products, services, marketing and/or promotional efforts of Health Guys; Create new products, services, marketing and/or promotions for Health Guys; Market the businesses, products and/or services of Health Guys; Help personalize user experiences with the Platform, its products and/or services; Analyze traffic to and through the Platform;
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Analyze user behavior and activity on or through the Platform; Conduct research and development activities for purposes of product and service research and development, advertising claim substantiation, market research, and other activities related to Health Guys, the Platform, and/or its products and/or services; Monitor the activities of you and others on or through the Platform; Place and track orders for products on your behalf; Protect or enforce Health Guys’ rights and properties; and/or Protect or enforce the rights and properties of others (which may include you). Health Guys reserves the right to use your personal and non-personal information when: Required by applicable law, court order or other governmental authority (including, without limitation and by way of example only, in response to a subpoena or other legal process); or Health Guys believes in good faith that such use is otherwise necessary or advisable (including, without limitation and by way of example only, to investigate, prevent, or take legal action against someone who may be causing injury to, interfering with, or threatening the rights, obligations or properties of Health Guys, a user of the Platform, which may include you, or anyone else who may be harmed by such activities, or to further Health Guys’ legitimate business interests).
- SHARING OF INFORMATION COLLECTED.
Health Guys reserves the right to share your personal information with Health Guys’ subsidiaries, affiliates, related parties, employees, agents, administrators, accountants, financial advisors and legal advisors; and with those third parties who help manage, administer, distribute and/or operate the Platform. In certain cases, Health Guys may be required to disclose personal information to investigate, prevent, or take action concerning: (1) legal requests; (2) the enforcement of our Terms and Conditions; (3) the protection of our rights, property, or personal safety or the rights, property, or personal safety of our users and the public; (4) our exercise of legal rights; and (5) any other disclosure required by law. Health Guys does not limit the ways in which it may use or share non-personal information because non-personal information does not identify you. For example, Health Guys may freely share non-personal information with its affiliates, suppliers and representatives, as well as with other individuals, businesses, and government entities. You may choose to share certain information and/or follow other users on the Platform. You may choose to share your contact information with other users or provide it publicly. If you apply for an insurance product offered by Health Guys, then Health Guys will disclose your personal information to your chosen insurance company to process the application. If you submit a request for information on an application for an insurance product offered through an insurance agent or other business partner with whom Health Guys associates, then Health Guys
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may disclose your personal information to that agent, agency, or business partner to process your request for information or application. If you complete an application with Health Guys that is processed through a government-run exchange or other government entity, then Health Guys will disclose your personal information to that government-run exchange or entity. Please be advised (and assured) that these partners are only permitted to use your personal information in processing your requested quote or application and are legally obligated to maintain confidentiality. Health Guys may disclose your personal information to other companies that help us to process or service any application or request you begin or submit through Health Guys. Please be advised (and assured) that the companies Health Guys hires to process or service your insurance application or request are not permitted to use your personal information for their own purposes and are contractually obligated to maintain confidentiality. If you were referred to Health Guys by, or used a communication method in connection with, a current or former employer, affinity group, or other organization with which you are affiliated, Health Guys may disclose your personal information to the employer, group, organization, administrator, and/or consultant. Please be advised (and assured) that these parties are only permitted to use your personal information as permitted by applicable law.
- DATA RETENTION.
Health Guys may retain your personal information and non-personal information for as long as it believes necessary; as long as necessary to comply with its legal obligations, resolve disputes and/or enforce its agreements; and/or as long as needed to provide you with the products and/or services of the Platform and/or Health Guys. For example, Health Guys will retain information regarding all customers for the life of the business. Health Guys may dispose of or delete any such personal information or non-personal information at any time, except as set forth in any other agreement or document executed by Health Guys or as required by law.
- THIRD PARTY APPLICATIONS AND NETWORKS.
The Platform, and/or any communications sent through or as a function of the Platform may contain links to third-party websites, networks, platforms, servers and/or applications. TO THE FULLEST EXTENT PERMITTED BY LAW, HEALTH GUYS IS NOT RESPONSIBLE FOR, AND YOU HEREBY RELEASE HEALTH GUYS FROM ANY AND ALL LIABILITY WHICH MAY ARISE FROM, SUCH THIRD-PARTY WEBSITES, NETWORKS, PLATFORMS, SERVERS AND APPLICATIONS (INCLUDING, WITHOUT LIMITATION, THE PRIVACY POLICIES AND PRACTICES OF SUCH THIRD-PARTY WEBSITES, NETWORKS, PLATFORMS, SERVERS, AND APPLICATIONS). You may have the opportunity to access the Platform using your online user accounts with certain third-party websites, networks, platforms, servers or applications, which may be subject to separate privacy policies pertaining to those third-party websites, networks, platforms, servers or applications. Health Guys may also collect information from those third-party websites, networks, platforms, servers or applications (such as, for example, your name, gender, date of birth and personal interests, when you “like” or click links provided by or through those third- party websites, networks, platforms, servers, or applications and other information available
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through your online account or page with those third-party websites, networks, platforms, servers or applications). IT IS YOUR RESPONSIBILITY TO CAREFULLY READ, ACCEPT AND COMPLY WITH THE RELEVANT TERMS OF USE, WAIVERS, AND PRIVACY POLICIES ASSOCIATED WITH THOSE THIRD-PARTY WEBSITES, NETWORKS, PLATFORMS, SERVERS, AND APPLICATIONS.
- SECURITY.
Health Guys implements security measures to help protect the personal information it collects through the Platform. To the extent applicable, Health Guys may also encrypt the transmission of information through the Platform by using secure socket layer (SSL) technology. REGARDLESS OF THE FOREGOING, PLEASE BE ADVISED THAT “PERFECT” OR “100%” SECURITY DOES NOT EXIST ON THE INTERNET. THEREFORE, YOUR ACCESS AND USE OF THE PLATFORM, AND YOUR OPENING OF ANY COMMUNICATIONS SENT THROUGH OR AS A FUNCTION OF THE PLATFORM, ARE DONE AT YOUR OWN RISK. To help maintain the security of your personal information, Health Guys asks that you please notify it immediately of any unauthorized visit, access or use of the Platform, or the loss or unauthorized use of your user access information for the Platform.
- RETENTION, REVIEW, AND CHANGE OF INFORMATION COLLECTED.
You may request at any time that Health Guys provide you with an opportunity to review and change your personal information collected through the Platform or to no longer use your personal information to provide you with any products or services. Please submit any such request (“Request Concerning Personal Information”) via email to privacy@healthguys.com with a subject line of “My Personal Information.” For each Request Concerning Personal Information, please clearly state the following in the body: a. The nature of your request; b. That the request is related to your personal information; c. Your name, street address, city, state, zip code and email address; and d. Whether you prefer to receive a response to your request by mail or email. Health Guys will not accept a Request Concerning Personal Information via telephone or facsimile. Health Guys is not responsible for any Request Concerning Personal Information that is incomplete, incorrectly labeled, or incorrectly sent. You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct.
- YOUR PRIVACY RIGHTS.
You can exercise your privacy rights in accordance with applicable law by contacting us at privacy@healthguys.com or in any of the ways set forth in Section 17, below. As set forth
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below, you have multiple privacy rights with respect to the personal information we process about you, subject in each case to applicable law.
Opt-out of our use or sharing of your personal information and sensitive personal information. You may withdraw your consent you have previously provided for the processing of personal information about you, including for email marketing by Health Guys. You may also set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.
Delete personal information. You can ask us to erase or delete all or some of the information about you.
Change or correct personal information. You can edit some of the information about you. You can also ask us to change, update or fix information about you in certain cases, particularly if it is inaccurate.
Object to, limit or restrict use of personal information. You can ask us to stop using all or some of the information about you (for example, if we have no legal right to keep using it) or to limit our use of it (for example, if the information about you is inaccurate).
Right to access and/or have your information provided to you. You can also ask us for a copy of information about you and can ask for a copy of information about you provided in machine readable form if you reside in California or other jurisdictions that provide you with this right as a matter of law.
Notwithstanding the above, please note that we may still need to retain personal information necessary to provide you with products or services you have purchased or as otherwise permitted by applicable law.
- DISCLAIMER OF APPLICABILITY OF CERTAIN STATE DATA PRIVACY LAWS.
Health Guys is not subject to regulation under the California Consumer Privacy Act of 2018 (“CCPA”), the Colorado Consumer Privacy Act, the Connecticut Data Privacy Act, the Florida Digital Bill of Rights, the Oregon Consumer Privacy Act, the Texas Data Privacy and Security Act, the Utah Consumer Privacy Act, or the Virginia Consumer Data Protection Act (collectively, the “State Data Privacy Laws”). Therefore, even if you are a resident of California, Colorado, Connecticut, Florida, Oregon, Texas, Utah, or Virginia, and we may have personal information about you that is the type of information subject to the State Data Privacy Laws, the State Data Privacy Laws are not applicable to Health Guys or Health Guys’ relationship with you.
- CALIFORNIA PRIVACY RIGHTS. As discussed above, Health Guys is not subject to regulation under the CCPA. However, if you are a resident of the State of California and Health Guys has an established business relationship with you, then pursuant to Section 1798.83 of the California Civil Code, you have the right to request the following at any time: (a) information from Health Guys, free of charge, regarding the manner in which Health Guys shares certain personal information collected through the
41934252v.4 Platform with third parties who use such information for direct marketing purposes, and (b) the discontinuation (or opt-out) of Health Guys’ sharing of such information with such third parties. Please submit any such request a (“California Privacy Rights Request”) as set forth below. For each California Privacy Rights Request, please state “My California Privacy Rights” in the email subject line and clearly state the following in the body: a. The nature of your request; b. That the request is related to your California privacy rights; c. Your name, street address, city, state, zip code and email address; and d. Whether you prefer to receive a response to your request by mail or email. You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct. You can exercise your California privacy rights in accordance with applicable law by writing to us at privacy@healthguys.com.
We will respond to your request consistent with applicable law. If you are an authorized agent making an access or deletion request on behalf of a Californian resident, please reach out to us and indicate that you are an authorized agent. We will provide you with instructions on how to submit a request as an authorized agent on behalf of a Californian resident.
- USERS OUTSIDE THE UNITED STATES.
We are headquartered in the United States of America. Personal information may thus be accessed by us or transferred to us in the United States. By providing us with personal information, you consent to the storage or processing of your personal information in the United States and acknowledge that the personal information will be subject to the laws of the United States, including the ability of governments, courts or law enforcement or regulatory agencies of the United States to obtain disclosure of your personal information. We will protect the privacy and security of personal information according to this Privacy Policy, regardless of where it is processed or stored.
- MODIFICATIONS OF THIS PRIVACY POLICY.
HEALTH GUYS MAY SUPPLEMENT, AMEND, OR OTHERWISE MODIFY THIS PRIVACY POLICY AT ANY TIME WITHOUT NOTICE TO YOU. SUCH SUPPLEMENTS, AMENDMENTS AND OTHER MODIFICATIONS WILL BE POSTED ON THIS OR A SIMILAR PAGE OF THE PLATFORM AND SHALL BE DEEMED EFFECTIVE AS OF THEIR STATED EFFECTIVE OR MODIFICATION DATES. IT IS YOUR RESPONSIBILITY TO CAREFULLY REVIEW THIS PRIVACY POLICY EACH TIME YOU VISIT, ACCESS, OR USE THE PLATFORM. BY VISITING, ACCESSING OR USING THE PLATFORM, YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST-RECENT VERSION OF THIS PRIVACY POLICY, AS WELL AS THE MOST-RECENT VERSION OF THE PLATFORM’S TERMS AND CONDITIONS, AND YOUR CONTINUING VISIT, ACCESS, OR USE OF THE PLATFORM REAFFIRMS YOUR ACCEPTANCE AND AGREEMENT IN EACH INSTANCE.
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- MERGERS, ACQUISITIONS, AND OTHER BUSINESS TRANSACTIONS.
Health Guys may decide to sell, buy, merge, or otherwise reorganize its business. If that occurs, you will be notified via email or a prominent notice on our website of any ownership change and any changes in the use of your personal information. These types of transactions may involve the disclosure of personal information to prospective or actual purchasers, or receiving it from sellers. We seek appropriate protection for personal information in these types of transactions.
- SEVERABILITY.
If any term or condition of this Privacy Policy is deemed invalid or unenforceable by a court of law with binding authority, then the remaining terms and conditions shall not be affected, and the court shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Privacy Policy.
- CONTACT US.
Please direct any questions you may have about this Privacy Policy or the Platform to Health Guys via email to privacy@healthguys.com with a subject line of “Privacy Policy.” The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of this Privacy Policy.
- MODIFICATION DATE.
This Privacy Policy was last modified on October 8, 2024.