Privacy Policy

1. Introduction

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This Privacy Policy (our “Privacy Policy”) supplements Clarity Life, Inc.’s and/or its subsidiaries’ (“Company,” “we,” “us,” and “our”) Terms of Service (the “Terms”) and describes how Company and Medical Groups (as defined in the Terms) collect, use, maintain, protect, and disclose Personal Data about you through the use of the Services. By “Personal Data,” we mean information that is personally identifiable to you. The Company provides a technology platform and administrative services that facilitate access to clinical care provided by the Medical Groups, laboratory testing facilitated through third-party laboratory partners (the “Laboratories”), and related health and wellness services. This Privacy Policy covers Personal Data collected by the Company and the Medical Groups through the Services; the privacy practices of the Laboratories and other third-party service providers are governed by their own privacy policies.

Please read this Privacy Policy carefully to understand our policies and practices regarding your Personal Data and how we will treat it. If you do not agree with this Privacy Policy, your choice is to not use the Services. By accessing or using the Services, you agree to this Privacy Policy. This Privacy Policy may change from time to time. Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

This Privacy Policy applies to information we collect about individual consumers, such as general website visitors (“Individuals”) as well as information we collect about the personnel of our business partners, including vendors and business customers, in business-to-business interactions (“Business Contacts”).  However, this Privacy Policy does not apply to information about our current/former employees, applicants, and other individuals who interact with us for employment-related purposes. This Privacy Policy also does not apply to data that we handle on behalf of and under the instructions of our business customers (as a processor).

Whenever you interact with us on behalf of another individual or entity, such as if you refer a friend to us, you must obtain their consent (or have the legal authority without consent) to share their Personal Data with us.

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2. Protected Health Information

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Please see the Medical Groups’ Notice of Privacy Practices to understand how we protect, use and disclose your protected health information as defined under the Health Insurance Portability and Accountability Act of 1996 and related laws and regulations (“HIPAA”). If your Personal Data is protected health information, we treat the protected health information in accordance with HIPAA and the Notice of Privacy Practices. To the extent this Privacy Policy conflicts with our HIPAA obligations or the Notice of Privacy Practices, we comply with HIPAA obligations or the Notice of Privacy Practices.

Not all Personal Data collected through the Service constitutes protected health information under HIPAA. Personal Data that you provide directly to Clarity for purposes of account registration, platform usage, or purchasing non-clinical products and services is not protected health information and is governed by this Privacy Policy. To the extent Clarity receives or creates protected health information in its capacity as a business associate of a Medical Group, such information is handled in accordance with HIPAA and the applicable Business Associate Agreement.

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3. Children Under the Age of 18 and Majority‍

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The Services are not intended for children under the age of 18. Children under the age of 18 are strictly prohibited from using the Services. We do not knowingly collect Personal Data from persons who are under the age of 18. If you are under the age of 18, do not use or provide any information on the Services or on or through any of their features, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Data from a child under the age of 18, we will delete that information. If you believe we might have any Personal Data from a child under the age of 18, please contact us at hello@getclarity.health.

If you access or use the Services, you represent and warrant that you are either at least 18 years old or otherwise have adequate authority and capacity to consent to use the Services under applicable state laws, federal laws or the authorization of a parent or legal guardian who agrees to be bound by the Terms and this Privacy Policy. If you are under 18 and lack sufficient authority to access or use the Services, do not use or provide any information on the Services.

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4. Personal Data We Collect About You

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We may collect the following types of Personal Data about you. Except as otherwise specified, we may collect this Personal Data from both Individuals and Business Contacts.

• Identifiers, such as your name, email address, physical address, telephone number, business contact information, and device identifiers (e.g., cookie IDs and IP address).
• Records about you, such as signatures; physical characteristics or a description of you; the content, timing and method of communications you have with us, such as online chats, calls, and emails; and information you share with or upload to our Digital Properties, such as reviews and comments.
• Health and medical information (by Medical Groups), such as your symptoms, health history, diagnoses, medical conditions, medications, supplement use, dietary information, lifestyle information, and other health-related information you provide through intake forms, consultations, or other interactions with the Service.
• Laboratory and testing data (by Medical Groups), such as gut microbiome test results, stool chemistry analysis, blood panel results, and other diagnostic or wellness test results obtained through at-home testing kits or third-party laboratory services facilitated through the Service.
• Care plan information (by Medical Groups), such as personalized care plans, treatment recommendations, supplement protocols, Provider notes, and related clinical documentation generated through the Service.
• Demographic information, such as age (including birthdates) and gender.
• Commercial information, such as information related to your transactions; products or services purchased, obtained, or considered; subscription information; or other purchasing or consuming histories or tendencies.
• Internet or other electronic network activity information, such as your browsing history, search history, preference information (including marketing and purchasing preferences), account settings (including any default preferences), and other information regarding your interactions with and use of the Digital Properties. For more information about cookies and other device data, please see Personal Data Collected Through and Use of Automatic Data Collection Technologies and Cookies in Section 6.
• Non-precise geolocation data, such as your location as derived from your IP address.
• Audio, electronic, visual, or other sensory information, such as photographs and audio/video recordings.
• Professional or employment-related information (for Business Contacts), such as job title; organization; professional licenses, credentials, or affiliations; and other professional information.
• Education information (for Business Contacts).
• Inferences drawn from any of the information we collect about your preferences or behavior, including to assess the level of interest in our products and services based on frequency of visits and contact and determine your preferred frequency for receiving offers.
• Sensitive Personal Data, including the following:
  • Social Security number, driver’s license number, or passport number.
  • Account log-in information.
  • Precise geolocation.
  • Racial or ethnic origin, political opinions, religious or philosophical beliefs, or union membership.
  • Content of mail, email, and text messages where we are not the intended recipient (such as messages that we host as a Controller but are not sent to us).
  • Genetic data.
  • Biometric data processed for the purpose of uniquely identifying you.
  • Information about your health.
  • Medical or health insurance information, including insurance policy number.
  • Information concerning your sex life or sexual orientation.
  • Citizenship, citizenship status, or immigration status.

5. How We Collect Your Personal Data

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We collect Personal Data about you from the following sources:

• Directly from you. We may collect Personal Data you provide to us directly, such as when you contact us through our Digital Properties; interact with us in person; sign up for offers or newsletters; communicate with us; place or customize orders; or sign up for an account or other services.
• Data collected automatically and through tracking technologies. We may automatically collect information or inferences about you; such as through cookies and other tracking technologies, when you interact with our Digital Properties. This may include information about how you use and interact with our Digital Properties, information about your device, and internet usage information.  For more information about cookies and other tracking technologies, please see Personal Data Collected Through and Use of Automatic Data Collection Technologies and Cookies in Section 6.
• From third parties. We may collect Personal Data from third parties, such as service and content providers, our affiliated companies and subsidiaries, business partners, data brokers, social media companies or other parties who interact with us.
• From healthcare and wellness platforms. We may receive Personal Data about you from third-party platforms and services that you use in connection with the Service, including electronic health record and patient portal platforms, laboratory testing services, supplement dispensary platforms, and other healthcare technology services. For example, when you complete an at-home gut test, the laboratory processing your test may provide us with your test results to facilitate your care
• From publicly available sources.  We may collect Personal Data about you from publicly available sources, such as public profiles and websites.

We may combine information that we receive from the various sources described in this Privacy Notice, including third party sources, and use or disclose the combined information for the purposes identified below.

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6. Personal Data Collected Through and Use of Automatic Data Collection Technologies and Cookies

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Our Digital Properties and authorized third parties use cookies and other tracking technologies to collect information about you, your device, and how you interact with our Digital Properties. This section contains additional information about:

• The types of tracking technologies we use and the purposes for which we use them
• The types of information we collect using these technologies
• How we disclose or make information available to others
• Choices you may have regarding these technologies

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• Types of cookies and tracking technologies we use

We and the third parties that we authorize may use the following tracking technologies:

• Cookies, which are a type of technology that install a small amount of information on a user’s computer or other device when they visit a website. Some cookies exist only during a single session and some are persistent over multiple sessions over time.
• Pixels, web beacons, and tags, which are types of code or transparent graphics. In addition to the uses described below, these technologies provide analytical information about the user experience and help us customize our marketing activities. In contrast to cookies, which are stored on a user’s computer hard drive, pixels, web beacons, and tags are embedded invisibly on web pages.
• Session replay tools, which record your interactions with our Digital Properties, such as how you move throughout our Digital Properties and engage with our webforms. In addition to the uses described below, this information helps us improve our Digital Properties and identify and fix technical issues visitors may be having with our Digital Properties.
• Embedded scripts and SDKs, which allow us to build and integrate custom apps and experiences on our Digital Properties.

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• Purposes for using these technologies

We and authorized third parties use these technologies for purposes including:

• Personalization, such as remembering language preferences and pages and products you have viewed in order to enhance and personalize your experience when you visit our Digital Properties;
• Improving performance, such as maintaining and improving the performance of our Digital Properties;
• Analytics, such as analyzing how our websites are used. For example, we use Google Analytics to help us improve the user experience. Google Analytics may use cookies and other tracking technologies to perform their services. To learn how Google Analytics collects and processes data, please visit www.google.com/policies/privacy/partners;
• Advertising, such as conducting advertising and content personalization on our Digital Properties and those of third parties; tracking activity over time and across properties to develop a profile of your interests and advertise to you based on those interests (“interest-based advertising”); providing you with offers and online content that may be of interest to you; and measuring the effectiveness of advertising campaigns and our communications with you, including identifying how and when you engage with one of our emails; and
• Security, such as preventing fraud and malicious behavior.

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• Information collected

These tracking technologies collect data about you and your device, such as your IP address, location (both approximate and precise) cookie ID, device ID, Ad ID, operating system, browser used, browser history, search history, and information about how you interact with our Digital Properties (such as pages on our Digital Properties that you have viewed).

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• Disclosures of your information

We may disclose information to third parties or allow third parties to directly collect information using these technologies on our Digital Properties, such as social media companies, advertising networks, companies that provide analytics including ad tracking and reporting, security providers, and others that help us operate our business and Digital Properties.  

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• Your choices

Some of the third parties we work with participate with the Digital Advertising Alliance (“DAA”) and Network Advertising Initiative (“NAI”). The DAA and NAI provide mechanisms for you to opt out of interest-based advertising performed by participating members at http://www.aboutads.info/choices/ and https://optout.networkadvertising.org/. We adhere to the DAA’s Self-Regulatory Principles for Online Behavioral Advertising. You may also click on the AboutAds icon on a Company advertisement and follow the instructions on how to opt out.

You can also refuse or delete cookies using your browser settings. If you refuse or delete cookies, some of our Digital Properties’ functionality may be impaired. Please refer to your browser’s Help instructions to learn more about how to manage cookies and the use of other tracking technologies. If you change computers, devices, or browsers; use multiple computers, devices, or browsers; or delete your cookies, you may need to repeat this process for each computer, device, or browser. Opting out of interest-based advertising will not opt you out of all advertising, but rather only interest-based advertising from us or our agents or representatives.

Some browsers and devices have incorporated opt-out preference signals, such as the Global Privacy Control (“GPC”). Where required by applicable law, we honor opt-out preference signals as valid requests to opt out of the sale or sharing of your Personal Data. We may not respond to other Do Not Track signals at this time.

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7. How We Use or Disclose Your Personal Data

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We may disclose Personal Data to third parties, including the categories of recipients described below:

• Affiliates and subsidiaries, including parent entities, corporate affiliates, subsidiaries, business units, and other companies that share common ownership.
• Service providers that work on our behalf to provide the products and services you request or support our relationship with you, such as IT providers, internet service providers, web hosting providers, data analytics providers, and companies that provide business support services, financial administration, or event organization.
• Healthcare providers and medical groups, including the Medical Groups and their Providers, who provide clinical services to you through the Service.
• Laboratory and testing partners, who process at-home testing kits and provide test results in connection with the Service.
• Supplement and wellness product vendors, through whom you may purchase products recommended as part of your care plan.
• Health information technology providers, such as electronic health record platforms and patient portal services that support the delivery of care through the Service.
• Professional consultants, such as accountants, lawyers, financial advisors, and audit firms.
• Vendors necessary to complete transactions you request, such as shipping companies and logistics providers, laboratory testing services, supplement dispensary platforms, and payment processors.
• Law enforcement, government agencies, and other recipients, when required by law. for legal, security, or safety purposes, such as when we share information to comply with law or legal requirements, to enforce or apply our Terms of Service and other agreements or policies; and to protect ours, our customers’, or third parties’ safety, property, or rights.
• Other entities in connection with a corporate transaction, such as if we acquire, or sell or transfer all or a portion of our business or assets including through a sale in connection with bankruptcy and other forms of corporate change.
• Business partners that may use Personal Data for their own purposes, such as:
• Advertisers, ad platforms and networks, and social media platforms;
• Third parties whose cookies and tracking tools we use as described in Section 6;
• Partners who work with us on promotional opportunities, including co-branded products and services.

Where required by law, we will obtain your consent prior to disclosing your Personal Data to our business partners. Where recipients use your Personal Data for their own purposes independently from us, we are not responsible for their privacy practices or personal data processing policies. You should consult the privacy notices of those third-party services for details on their practices.  

• The public, such as when you have an opportunity to make comments regarding us or our products that we may share with the public, including comments on our blog posts and reviews on our product pages. Any Personal Data in comments, reviews, or other content that you share in public areas of our Digital Properties may be read, collected, or used by other users or the public.
• Entities to which you have consented to the disclosure.

We may use Personal Data for the following purposes:

• To provide products and services to you, making our Digital Properties, products and services available to you; such as registering, verifying, and maintaining your account with us; providing and delivering you the goods and services you request; providing customer service; processing or fulfilling orders and transactions (including processing payments); verifying customer information and eligibility for certain programs or benefits; communicating with you (including soliciting feedback or responding to requests, complaints, and inquiries); hosting informational webinars; facilitating clinical consultations and telehealth services between you and Providers; coordinating laboratory testing and delivering test results; generating and maintaining your care plans; and processing supplement and wellness product recommendations; and providing similar services or otherwise facilitating your relationship with us.
• For our internal business purposes, such as operating our Digital Properties and customizing the content; maintaining internal business records, such as accounting, document management and similar activities; enforcing our policies and rules; management reporting; auditing; and IT security and administration.
• For our internal research and product improvement purposes, such as verifying or maintaining the quality or safety of our products or services; improving our products or services; designing new products and services; evaluating the effectiveness of our advertising or marketing efforts; and debugging and repairing errors with our systems, networks, and equipment.
• For legal, safety or security reasons, such as complying with legal, reporting, and similar requirements; investigating and responding to claims against us, our personnel, and our customers; for the establishment, exercise or defense of legal claims; protecting our, your, our customers’, and other third parties’ safety, property or rights; detecting, preventing, and responding to security incidents and health and safety issues (including managing spread of communicable diseases); and protecting against malicious, deceptive, fraudulent, or illegal activity.
• In connection with a corporate transaction, such as if we acquire, or sell or transfer all or a portion of our business or assets including through a sale in connection with bankruptcy and other forms of corporate change.
• For marketing and targeted advertising, such as marketing our products or services or those of our affiliates, business partners, or other third parties. For example, we may use Personal Data we collect to personalize advertising to you (including by developing product, brand, or services audiences and identifying you across devices/sites); to analyze interactions with us or our Digital Properties; or to send you newsletters, surveys, questionnaires, promotions, or information about events or webinars. You can unsubscribe to our email marketing via the link in the email, or by contacting us using the information in the Contact Information section below.

We may use anonymized, de-identified, or aggregated information for any purpose permitted by law.

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8. Choices About How We Use and Disclose Your Personal Data

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We offer you choices on how you can opt out of our use of tracking technology, disclosure of your Personal Data for our advertising to you, and other targeted advertising.

We strive to provide you with choices regarding the Personal Data you provide to us. We have the following mechanisms to provide you with control over your Personal Data:

• Tracking Technologies and Advertising. You can set your browser or operating system to refuse all or some cookies or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Services may then be inaccessible or not function properly.
• Promotional Offers from Company. If you do not wish to have your email address used by Company to promote our own products and services, you can opt-out at any time by clicking the unsubscribe link at the bottom of any email or other marketing communications you receive from us or by contacting us. This opt out does not apply to information provided to Company as a result of a Service purchase or your use of our Services.
• Targeted Advertising. To learn more about interest-based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance and the Network Advertising Initiative websites (www.aboutads.info and www.networkadvertising.org). Please note that if you choose to opt out, you will continue to see ads, but they will not be based on your online activity. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can also opt out of receiving targeted ads from members of the NAI on its website.

We do not control the collection and use of your information collected by third parties as described in our Terms. These third parties may aggregate the information they collect with information from their other customers for their own purposes.

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9. SMS/Text Messaging

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If you provide your mobile number and consent, we may send you appointment reminders, care-related notifications, and, where you have separately consented, marketing messages. Consent to marketing texts is not a condition of purchase. Message frequency varies and message and data rates may apply. Reply STOP to opt out or HELP for help.

We do not sell, rent, or share mobile phone numbers or SMS consent data with third parties or affiliates for their own marketing purposes. Mobile opt-in data and consent are not shared with any third party other than the aggregators and messaging providers that deliver our messages. We may use hashed contact information, including telephone numbers, for advertising measurement as described above, but we do not disclose your SMS opt-in status or consent record to advertising platforms.

We retain SMS consent records for a minimum of four years from the date of consent in accordance with TCPA record keeping requirements.

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10. Your Rights Regarding Your Personal Data

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You can review and change your Personal Data by logging into the Services and changing your Account information. You may also contact us at hello@getclarity.health regarding any of your rights under applicable state laws; any changes or errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible; or to delete your Account. We may not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.

See state-specific sections below on your rights under specific state laws.

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11. Data Security

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Information transmitted over the Internet is not completely secure, but we do our best to protect your Personal Data. The safety and security of your information also depends on you. Where you have chosen a password for the use of the Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure. We use encryption technology for information sent and received by us.

Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to the Services. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services or in your operating system.

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12. Washington and Nevada Individuals

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For individuals in Washington and Nevada, please refer to our Consumer Health Data Privacy Policy for additional information about the processing of your Personal Data that is “consumer health data” as defined under those laws.

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13. California Individuals

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For individuals in California, you have rights under the California Consumer Privacy Act of 2018. Please see additional information below that is intended to satisfy our obligations under the CCPA to disclose certain information to you.

Personal Information We Collect About You. In the preceding 12 months, we have collected the following categories and specific types of consumer personal information: