Privacy Policy
This Privacy Policy (“Policy”) describes the practices of Fresh Clinics Management, LLC (“Fresh Clinics,” “we,” “our,” “us”) regarding the collection and use of information from visitors to our website, which can be accessed at https://freshclinics.com, including any sub domains thereof, affiliated websites, and mobile applications (collectively, the “Site”), and any content, products, or services made available through the Site. We refer to the information, products, and services made available through the Site as “Services” in this Privacy Policy. We use the words “you” and “your” to mean you, the reader, and other visitors to our Site and users of our Services who are, in all cases, over the age of 18. This age requirement is discussed in more detail later in this Privacy Policy.
By visiting the Site and requesting Services through the Site, or providing information to the Site, you agree to the terms of this Privacy Policy, as they may be amended from time to time. As Fresh Clinics updates or expands its Site or Services, this Privacy Policy may change and the changes are effective upon posting. Please check back frequently for updates as it is your sole responsibility to be aware of changes. Typically, we will indicate the effective/amendment date at the end of this Privacy Policy. If we feel it is appropriate, or if the law requires, we will also provide a summary of changes we have made near the end of the new Privacy Policy as well. Fresh Clinics does not provide notice of changes in any manner other than by posting the changes at this Site.
This Privacy Policy is incorporated into, and part of, the Site Terms of Service (“Terms of Service”) which govern your use of this Site in general. This Privacy Policy applies to the operation of U.S. websites and other applications (including mobile and cloud-based applications), that directly link to this Policy and are intended for users who are located in the United States of America. Additionally, if required pursuant to the California Consumer Privacy Act (“CCPA”), a California Privacy Policy for consumers who reside in California will be made available. This Privacy Policy shall be interpreted under the laws of the United States and/or the state wherein Services are rendered.
Navigating through this policy
You can use the links below to navigate to areas of this Privacy Policy that apply specifically to you, or which may otherwise be of interest:
DATA ANALYTICS AND ADVERTISING
SUBMITTING INFORMATION FROM OUTSIDE THE UNITED STATES
DATA PRIVACY AND PROTECTION LAWS: THE CCPA AND GDPR
CHANGES TO THIS PRIVACY STATEMENT
The information we collect
California Consumers please visit Fresh Clinics’ California Privacy Policy.
Fresh Clinics obtains information from several sources. Our Web server may automatically collect the domain name and Internet Protocol (“IP”) address for each visitor to our website. We collect information about the usage of our websites. In addition, we may request or require you to provide personally identifiable information and/or create an account in order to access our Services and/or third-party services, or engage in certain activities on a Site. The information collected depends on how you choose to use our Services and our Site.
1. Types of Personal Data Fresh Clinics May Collect
Personal Data is any information that can be used to identify, locate, or contact you. It also includes other information that may be associated with such Personal Data. Examples of types of Personal Data that may be collected:
- Contact Data, such as your name, email address, mailing address, or phone numbers;
- Relationship Data, including information about products, treatments and health conditions that are of interest to you;
- Transactional Data, including purchases, inquiries, and information about how you use the Fresh Clinics Site and mobile application;
- Financial Account Data, such as your credit card number, bank accounts and routing numbers, and Social Security number;
- Geo-location Data, as may be transmitted to us by your smart phone or other location-aware devices; and/or
- Job Applicant Data, such as your Contact Data, resume, previous work experience, education, transcript, licensing credentials, driver's license information, social security number or national identification number and information relating to references.
Fresh Clinics obtains information about you when you use our Services. Please note that we need certain types of information so that we can provide Services to you. If you do not provide us with such information, or ask us to delete it, you may no longer be able to access or use all or part of our Services.
2. Information You Voluntarily Provide to Us
Fresh Clinics collects information directly from you in a variety ways including:
- The account registration process and the administration of your account;
- Receiving the questions, communications, data, or feedback you submit to us via the Fresh Clinics online Services Application described in the Terms of Service, including its addenda (“Services Platform”), email or online forms;
- Your participation in research and surveys; and
- Requests you submit for customer support and technical assistance, including through the Services Platform, online chat functions, message, and text messages.
Fresh Clinics collects the following types of information directly from you:
- Name, mailing address, telephone number, and email address;
- Billing information, such as credit or debit card number, bank account and routing numbers, and identity verification information that is collected though our payment processors on our behalf;
- Log-in credentials;
- Information about purchases or other transactions with Fresh Clinics or through the Services Platform with third parties;
- Information about your customer service and maintenance interactions with us;
- User-generated content you post in public online forums on our Services; and
- Any other information you choose to provide to us directly in connection with your use of the Services.
3. Information We Collect Through Automated Means
Fresh Clinics and our services providers (third-party companies that work on our behalf) use a variety of technologies to assist in collecting information about your use of the Services and the devices you use to access the Services.
Visitor Data. When you use our Site, we collect information that will help us understand and analyze your experience interacting with our Services. For example, we may collect information related to domain names, the type of browsers used to access the Services, operating system software, browser plug-ins, cookie preferences, search engine keywords, the pages you viewed and amount of time spent on particular pages, terms you use in your searches on our Site, and similar information.
Location Information. When you use the Services, our service providers and we may automatically collect general location information (e.g., IP address, city/state and or postal code associated with an IP address) from your computer or mobile device. This information allows us to enable access to content that varies based on a user’s general location (e.g., to provide you with accurate sales tax information and to deliver content customized to your location).
Cookies. “Cookies” are a feature in your browser software. If enabled, we, or our service providers, may write cookies that may store small amounts of data on your computer about your visit to any of the pages of the Site. Cookies assist us in tracking which of our features appeal the most to you and what content you may have viewed on past visits. When you visit this Site again, cookies can enable us to customize our content according to your preferences.
We may use cookies to:
- keep track of the number of return visits to this Site;
- accumulate and report aggregate, statistical information on Site usage;
- deliver specific content to you based on your interests or past viewing history; and
- save your password for ease of access to the Site.
You can disable cookies, although the Site may not function properly for you. Your browser preferences can be modified to accept or reject all cookies, or request a notification when a cookie is set. You may read more about cookies at http://cookiecentral.com. In order to use all of the features and functionality of Fresh Clinics’ Site, you need to accept cookies.
Web Beacons. A web beacon, sometimes called tracking pixels, is a programming code that can be used to display an image on a web page, but can also be used to transfer your unique user identification to a database and associate you with previously acquired information about an individual in a database. This allows Fresh Clinics and our third-party service providers to track certain websites you visit. Web beacons are used to track online behavioral habits for marketing purposes to determine products or services you may be interested in. In addition to using web beacons on web pages, we may also use web beacons in email messages sent to individuals listed in Fresh Clinics’ database.
Other Online Tools. Fresh Clinics may also use a web server log or an SDK. A webserver log is a file where website activity is stored. An SDK is a set of tools and/or code that may be embedded in our software to allow third parties to collect information about how people interact with our Services.
As we continue to develop the Site and our Services, Fresh Clinics may implement additional methods to gather information about you and the Fresh Clinics community.
4. Information We Collect From Social Media and other Content Platforms
Fresh Clinics maintains a presence on a variety of social media platforms. When you “like” or “follow” us on Facebook, Instagram, Twitter, Tik Tok or other social media platforms, we may collect some information about you. This information includes your name, email address, and any comments or content you post that is relevant to Fresh Clinics. We may also collect your information if you sign up for a promotion and submit information to us through one of our social media accounts.
Fresh Clinics also maintains several blogs as a part of its Services. When you comment or post content to any of our blogs, we will collect your name and email address.
How we use your information
The following paragraphs describe how Fresh Clinics uses your information in connection with our Services.
General Use. Fresh Clinics will use your information as necessary to carry out and manage its Services. This includes, using your information to verify and administer your account, including processing payments and fulfilling orders (if applicable). We will use your information to communicate with you about Fresh Clinics’ Services, your use of the Services or your inquiries related to the Services. Fresh Clinics will use your information to ensure that content from our Services is presented in the most effective manner for you and for your computer or device, allow you to participate in interactive features of our Services (when you choose to do so), and as part of our efforts to keep our Services safe and secure.
Improve Fresh Clinics’ Services. Fresh Clinics continuously seeks to improve its Services. To do so, we conduct research to understand the effectiveness of our Services, improve our Services, and to better understand the Fresh Clinics community. If we publish the results of our research to others, such research will be presented in a de-identified and aggregate form such that individual users cannot be identified.
Promotional Communications. We will use your personal information to communicate with you by email, postal mail, phone, or text message about surveys, promotions, special events, or our products and Services and those of our affiliates or third-party partners, and any of their related businesses. By creating an account and using this Site, you are giving your express permission to Fresh Clinics and their agents or vendors the right to contact you with targeted advertising materials by email, text message (SMS), telephone, or cellphone, or any other means of communication to provide promotional offers. To the extent applicable, you expressly acknowledge that you are solely responsible for all charges billed by your mobile service provider. If you no longer wish to receive text messages, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Fresh Clinics. If you no longer wish to receive promotional communications by email, please follow the unsubscribe link located at the end of the email message.
Marketing/Performance Analysis & Data Analytics. We will use your information to help us better understand your interests and needs, such as by engaging in analysis and research regarding use of the Services. We may use your information to measure or understand the effectiveness of advertising and content we serve to you and others, and to deliver and customize relevant advertising and content to you.
Combined Information. For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use and share such combined information in accordance with this Privacy Policy.
Aggregate/De-Identified Data. We may aggregate and/or de-identify any information collected through the Services so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors.
Data analytics and advertising
1. Data Analytics
We may use third-party web analytics services (such as those of Google Analytics (including Google Signals, Google User-ID, and other Google Analytics features) and MixPanel) on our Services to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; assist in locating the same unique users across multiple browsers or devices to better tailor services and features; and provide certain features to you. If you have a Google account with personalized advertising enabled, through Google Signals, Google will also be able to gather for us analytics and engagement information from across the various devices you use to access the Services. To prevent Google from using your information for analytics (including cross-device tracking for personalization purposes), you may install the Google Analytics Opt-out Browser Add-on by clicking here. In addition, to opt out of Google Signals, please open your “Settings” app, locate and tap “Google,” select “Ads,” and turn ON “Opt out of Ads Personalization.” You may also be able to disable cross-device tracking through your Android or Apple device-based settings.
If you receive email from us, we may use certain analytics tools, such as clear GIFs to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.
2. Online Advertising
The Services may integrate third-party advertising technologies (e.g., ad networks and ad servers such as Facebook, Google Ad Words, Criteo, and others) that use cookies and other technologies to deliver relevant content and advertising for products on the Services, as well as on other websites you visit and other applications you use. The ads may be based on various factors such as the content of the page you are visiting, information you enter such as your searches, demographic data, and other information we collect from you. These ads may be based on your current activity or your activity over time and across other websites and online services.
We sometimes provide our customer information (such as email addresses) to service providers, who may “match” this information in de-identified form to cookies (or mobile ad identifiers) and other proprietary IDs, in order to provide you with more relevant ads when you visit other websites and mobile applications.
We do not have access to, and this Privacy Policy does not govern, the use of cookies or other tracking technologies that may be placed on your device you use to access the Services by nonaffiliated third-party advertising network services. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link, the Digital Advertising Alliance’s Consumer Opt-Out link, or the Your Online Choices link to opt-out of receiving tailored advertising from companies that participate in those programs. If you are interested in more information about Criteo’s privacy practices or opting-out of Criteo’s advertising services, you may view their Privacy Policy. To opt out of Google Analytics for display advertising or customize Google display network ads, visit the Google Ads Settings page. We do not control these opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.
Please note that if you exercise the opt-out choices above, you may still see advertising when you use the Services, but it will not be tailored to you based on your online behavior over time.
3. Mobile Advertising
When using mobile applications from us or from others, you may also receive tailored in-application advertisements. We may use third-party service providers to deliver advertisements on mobile applications or for mobile application analytics. Each operating system, iOS for Apple phones, Android for Android devices, and Windows for Microsoft devices provides its own instructions on how to prevent the delivery of tailored in-application advertisements. We do not control how the applicable platform operator allows you to control receiving personalized in-application advertisements; thus, you should contact the platform provider for further details on opting out of tailored in-application advertisements. You may review the support materials and/or the device settings for the respective operating systems to opt-out of tailored in-app advertisements.
4. Email Marketing
By submitting your email address through the Site, you are expressly consenting to receive emails from Fresh Clinics, including from Fresh Clinics’ affiliates, and from third parties concerning offers and advertisements unrelated to Fresh Clinics. To opt-out of receiving email messages from us, from our affiliates or from other third parties, click on the “Unsubscribe” link contained in each email. Please allow up to 10 business days for us to process your request. Please note if you decide not to receive marketing emails from us, you may still receive transactional email messages regarding your order(s) (i.e., order confirmation, shipping information, etc.). If you have questions or concerns regarding this provision, please contact us at help@FreshClinics.com.
5. Notice Concerning Do Not Track
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for third-party purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals.
How we share your information
Fresh Clinics may share your information in the following ways:
Affiliates & Related Business Entities. We may share the information we collect with our affiliates or related business entities for the purposes of delivering products or services to you, ensuring a consistent level of service, and to enhance our products, services, and your customer experience.
Service Providers and Third-Party Vendors. We provide access to or share your information with select third parties who use the information to perform services on our behalf. They may provide a variety of services to us, including billing, sales, marketing, advertising, analytics, research, customer service, shipping and fulfillment, data storage, IT and security, fraud prevention, payment processing, and auditing and legal services.
Legal Compliance. By using our Services, you acknowledge and agree that we may access, retain, and disclose information we collect and maintain about you if reasonably necessary to comply with a subpoena or court order, to enforce our Terms of Service (including, but not limited to, any other agreements substantially in the form of any of the addenda thereto), in compliance with this Privacy Policy, or pursuant to Fresh Clinics’ legal rights.
Business Transfers. As Fresh Clinics continues to grow, we may buy, merge, collaborate or partner with other companies. In such transactions, your information may be among the assets that are transferred or shared.
Public Forums. Certain features of our Services make it possible for you to share comments publicly with other users. Any information that you submit through such features is not confidential, and we may use it for any purpose (including in testimonials or other marketing materials). For example, if you submit a product or service review on one of our Sites or blogs, we may display your review (along with the name provided, if any) on other Fresh Clinics websites and on thirdparty websites. Any information you post openly in these ways will be available to the public at large and potentially accessible through third-party search engines. Accordingly, please take care when using these features.
Aggregate/De-Identified Information. We reserve the right to create Aggregate/De-Identified Data from the information we collect through the Services and our sharing of such Aggregate/DeIdentified Data is in our sole discretion.
Third-party links and content
The Site and email messages that you receive from Fresh Clinics may sometimes contain hypertext links to the websites of third parties. Fresh Clinics is not responsible for the privacy practices or the content of such other websites. Linked websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. Fresh Clinics does not operate or control in any respect any information, software, products or services available on such third-party websites. The inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
Data security
In most cases, the personal information that we hold about Doctors and Clinics will be accessible to you through the FCC App and can be corrected by you.
For Patients, or if you think we may have other personal information that you would like to access or correct, you can contact us at info@freshclinics.com
If we do not agree to provide you with access to your personal information, we will provide you with written notice stating our reasons. We may seek to recover our reasonable costs (if any) for providing you with access to any of the personal information we hold about you.
Submitting information from outside the United States
Information collected through the Site and Services may be stored and processed in the United States or any other country in which we or our vendors maintain facilities. Although we do not actively block or monitor visitors from other countries, this Site is directed only at visitors from the U.S. As such, this Privacy Policy is consistent with U.S. law and practice and is not adapted to other laws (including European data security and privacy laws). Fresh Clinics will apply the applicable laws of the U.S. including as embodied in this Privacy Policy in place of data protections of other locations, including under your home country's law if outside of the U.S. That is, you freely and unambiguously acknowledge that this Privacy Policy, not your home country's laws, controls how we will collect, store, process, and transfer your personal information. Similarly, the English language version of this Privacy Policy is the controlling version regardless of any translation you may attempt.
Data privacy and protection laws: The CCPA and GDPR
Privacy and data protection laws vary around the world and among the several United States. Some of those laws are more specific than others. Most prominently, residents of California and data subjects whose personal information was obtained from them while they were in the European Economic Area, United Kingdom, and Switzerland have certain additional rights in cases where the party collecting that information is governed by the applicable law. We have reviewed our business operations and data-related business practices with legal counsel in the context of the General Data Protection Regulation under European Law also known as the “GDPR” and the California Consumer Privacy Act (the “CCPA”). As a result of that review, as of the effective date of this Privacy Policy, we do not believe we are governed by either the GDPR or CCPA on this specific Site.
We do not, for instance, collect personal information from data subjects in the European Economic Area, United Kingdom, or Switzerland or elsewhere abroad. Similarly, we do not target or tailor our Site or Services or any of our other US-based business activities to appeal to, or specifically attempt to do business in those jurisdictions. In terms of California, although we may now or in the future do business within the state, we do not meet the statutory thresholds and criteria that would bring us under the CCPA.
For general visitors, consumers and regulators who have questions about whether or how the GDPR, CCPA or other industry- or jurisdiction-specific laws apply to us, you can contact us using the contact information below.
Children's privacy
Fresh Clinics’ Site and our Services are not intended to attract children, and we do not knowingly collect any Personal Data from anyone under the age of 13. If you believe your child is using our Site, please contact us so we can investigate and delete any data as may be appropriate.
Federal law imposes special restrictions and obligations on commercial website operators who direct their operations toward, and collect and use information from children under the age of 13. We take those age-related requirements very seriously, and, consistent with them, do not intend for our Site or Services to be used by children under the age of 18, and certainly not by anyone under the age of 13. Moreover, we do not knowingly collect personal information from minors under the age of 18. If we become aware that anyone under the age of 18 has submitted personal information to us via our Site or Services, we will delete that information and not use it for any purpose whatsoever. We encourage parents and legal guardians to talk with their children about the potential risks of providing personal information over the Internet.
Changes to this Privacy Policy
We will only use Personal Data in the manner described in this Privacy Policy in effect when the data was collected from you. However, we reserve the right to change the terms of this Privacy Policy at any time by posting revisions to our site. Please check our Site periodically for such changes since all information collected is subject to the Privacy Policy in place at the time of collection. Typically, we will indicate the effective/amendment date at the end of this Privacy Policy. If we feel it is appropriate, or if the law requires, we will also provide a summary of changes we have made near the end of the new Privacy Policy, or provide notice to you if required.
Any portions of this policy are void to the extent they are prohibited by applicable law.
Contact us
If you have questions about this Privacy Policy or Fresh Clinics’ privacy practices, or any related complaint, please contact us in writing at:
Fresh Clinics
2800 Post Oak Boulevard, Suite 4100
Houston, TX 77056
Email: privacy@freshclinics.com
We will respond to any question or complaint as soon as possible.
Effective June 1, 2022
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