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Upswing Health


Effective Date:  January 1, 2019

UpSwing Health, Inc. (“UpSwing Health,” “us,” “we,” or “our”) respects your privacy and we are committed to protecting the privacy of the visitors and users of the Site and the Services. This Privacy Policy (this “Privacy Policy”) is incorporated by reference into the Terms of Use. Any capitalized term used but not defined in this Privacy Policy shall have the meaning assigned in the Terms of Use.


1. Introduction

This Privacy Policy describes the types of information we may collect from you or that you may provide when you use the Services and our practices for collecting, using, maintaining, protecting and disclosing that information. This Privacy Policy is only applicable to the Services and information we collect:

• On the Site or through the Services

• In e-mail, text and other electronic messages between you and the Site or the Services

• Through mobile and desktop applications you download from the Site or the Services which provide dedicated non-browser-based interaction between you and the Site or the Services

This Privacy Policy does not apply to any other website or digital service that you may be able to access through the Site or any website or digital services of UpSwing Health’s business partners, each of which may have data collection, storage and use practices and policies that may materially differ from this Privacy Policy.

2. Information We Collect

Personal Information

When you access the Services, we may ask you to voluntarily provide us with certain information that personally identifies or could be used to personally identify you (“Personal Information”). Personal Information includes (but is not limited to) the following categories of information:

• Contact information, such as your name, address, e-mail address and phone number;

• Demographic data, such as your gender, date of birth and zip code;

• Payment information, such as your credit card number and billing address;

• Medical and health information you choose to share with us through the Symptom Checker and the Provider Chat; and

• Other information about you that you voluntarily choose to provide to us.

We may also collect additional information, which may be Personal Information, as otherwise described to you at the point of collection or pursuant to your consent. UpSwing Health may de-identify Personal Information, such that it no longer contains identifying information and is no longer Personal Information.

Protected Health Information

UpSwing Health may offer some Services, either now or in the future, through which we may collect contact, demographic, payment, and medical, health and/or healthcare-related information that may be considered “Protected Health Information” or “PHI” under a federal law called the Health Insurance Portability and Accountability Act (“HIPAA”). The first time you select a Service on our Site that will collect PHI, you will be prompted to provide authorization for our uses and disclosures of such PHI as set forth in this Privacy Policy and any additional Notice of Privacy Practice, as may be required by HIPAA. UpSwing Health is not providing health care services (as defined in HIPAA) to you when you use the Community Board, Symptom Checker or Provider Chat, and any information you provide while using these services would not be considered PHI.

For any Services UpSwing Health offers or may offer that use PHI, you will be required to acknowledge prior to using the Services that UpSwing Health may use the PHI in accordance with the terms of this Privacy Policy and the Notice of Privacy Practice applicable to such Services. HIPAA provides specific protections for the privacy and security of PHI and restricts how PHI is used and disclosed. UpSwing Health may only use and disclose PHI in the ways permitted by HIPAA. UpSwing Health may de-identify PHI, such that it no longer contains identifying information and is no longer PHI.

Billing, Collection and Payment Information

For Services on our Site requiring a payment, your payment card information is processed by our payment processing partner.  Our payment processing partner will collect your voluntarily provided payment card information necessary to process your payment. Storage of information by the payment processor is governed by its applicable terms of service and privacy policy. The information we store includes your payment card type and the last four digits of the payment card. We may provide to you the option to remove your stored payment card information through your account settings page.

Traffic Data

We also may automatically collect the following types of data when you use the Services:  (1) IP address; (2) domain server; (3) type of device(s) used to access the Services; (4) web browser(s) used to access the Services; (5) referring webpage or other source through which you accessed the Services; (6) geolocation information; and (7) other statistics and information associated with the interaction between your browser or device and the Services (collectively “Traffic Data”). Depending on applicable law, some Traffic Data may be Personal Information.

3. How We Collect Information

Collection of Information

We collect information (which may include Personal Information, PHI and Traffic Data) when you use and interact with the Services, and in some cases from third party sources. Such information includes:

• When you use the Services’ interactive tools and services, such as the Symptom Checker or the Provider Chat;

• When you voluntarily provide information in free-form text boxes or in uploaded documents or pictures through the Services;

• When you respond to surveys or questionnaires from us;

• If you download and install certain applications and software we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Services, such as information that lets UpSwing Health know when you are logged on and available to receive update or alert notices;

• If you download our mobile application, we may receive information about your location and mobile device;

• Through cookies, web beacons, website analytics services and other tracking technology (collectively, “Tracking Tools”), as described below; and

• When you use the “Contact Us” function on the Site, send us an email or otherwise contact us.

Tracking Tools

We may use tools outlined below in order to better understand users.

• Cookies:  “Cookies” are small computer files transferred to your computing device that contain information such as user ID, user preferences, lists of pages visited and activities conducted while using the Services. We use Cookies to help us improve or tailor the Services by tracking your navigation habits, storing your authentication status so you do not have to re-enter your credentials each time you use the Services, customizing your experience with the Services and for analytics and fraud prevention. We may use a type of advertising commonly known as interest-based or online behavioral advertising. This means that some of our business partners may use Cookies to display UpSwing Health ads on other websites and services based on information about your use of the Services and your interests (inferred from your online activity).  Other Cookies used by our business partners may collect information when you use the Services, such as the IP address, mobile device ID, operating system, browser, web page interactions, the geographic location of your internet service provider and demographic information, such as gender and age range. These Cookies help UpSwing Health learn more about our users’ demographics and internet behaviors.

For more information on cookies, visit http://www.allaboutcookies.org.

• Web Beacons:  “Web Beacons” (a.k.a. clear GIFs or pixel tags) are tiny graphic image files imbedded in a web page or email that may be used to collect anonymous information about your use of our Services, the websites of selected advertisers and the emails, special promotions or newsletters that we send you. The information collected by Web Beacons allows us to analyze how many people are using the Services, using the selected advertisers’ websites or opening our emails, and for what purpose, and also allows us to enhance our interest-based advertising.

• Website Analytics:  We may use third-party website analytics services in connection with the Services, including, for example, to register mouse clicks, mouse movements, scrolling activity and text that you type into the Site. These website analytics services generally do not collect Personal Information or PHI through text that you type while in private restricted areas of the Site, such as using the Provider Chat, but may collect usage data, such as whether or not you provided a response. We use the information collected from these services to help make the Services easier to use and as otherwise set forth in Section 4, Use of Information (below).

• Mobile Device Identifiers:  Mobile device identifiers are data stored on your mobile device that may track mobile device and data and activities occurring on and through it, as well as the applications installed on it. Mobile device identifiers enable collection of Personal Information (such as media access control, address and location) and Traffic Data. As with other Tracking Tools, mobile device identifiers help UpSwing Health learn more about our users’ demographics and internet behaviors.

Third-Party Use of Cookies or Tracking Tools

Some content or applications, including advertisements, on the Site may be served by third parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies, web beacons or other tracking technologies to collect information about you when you use our Site. The information they collect may be associated with your Personal Information or they may collect personally identifiable information about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content on other websites.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. We have provided information about how you can opt out of receiving targeted advertising from many providers below.

Options for Opting out of Cookies and Mobile Device Identifiers

Some web browsers (including some mobile web browsers) allow you to reject Cookies or alert you when a Cookie is placed on your computer, tablet or mobile device. You may be able to reject mobile device identifiers by activating the appropriate setting on your mobile device. Although you are not required to accept UpSwing Health’s Cookies or mobile device identifiers, if you block or reject them, you may not have access to all features available through the Services.

You may opt out of receiving certain Cookies and certain trackers by visiting the Network Advertising Initiative (“NAI”) opt out page or the Digital Advertising Alliance (“DAA”) consumer opt-out page. When you use these opt-out features, an “opt-out” Cookie will be placed on your computer or tablet indicating that you do not want to receive interest-based advertising from NAI or DAA member companies. If you delete Cookies on your computer or tablet, you may need to opt out again.

Please note that even after opting out of interest-based advertising, you may still see UpSwing Health’s advertisements that are not interest-based or targeted specifically toward you. If you opt out of interest-based advertisements, UpSwing Health may still collect information about your use of the Services and may still serve advertisements to you via the Services based on information it collects through the Services.

Browser “Do Not Track” Signals

Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a “Do Not Track” (DNT) or similar feature that signals to websites that a visitor does not want to have his/her online activity and behavior tracked. If a website operator elects to respond to a particular DNT signal, the website operator may refrain from collecting certain Personal Information about the browser’s user. Not all browsers offer a DNT option and there is currently no industry consensus as to what constitutes a DNT signal. For these reasons, many website operators, including UpSwing Health, do not take action to respond to DNT signals. For more information about DNT signals, visit http://allaboutdnt.com.

4. Use of Information

We use your Personal Information to provide the Services to you and to help improve them, including to:

• Provide you with the Services and other products, services and information you request and to respond to correspondence that we receive from you;

• Provide, maintain, administer or expand the Services, perform business analyses, or for other internal purposes to support, improve or enhance our business, the Site, the value of Services, and other products and services we offer to our users and our communities;

• Notify you about certain resources we think you may be interested in learning more about;

• Send you information about UpSwing Health or our products or Services;

• Contact you when necessary or requested;

• Customize and tailor your experience of the Services, which may include sending customized messages or showing you Sponsored Offers related to goods or services that may be of interest to you based on information collected in accordance with this Privacy Policy;

• Send emails and other communications that display content that we think will interest you and according to your preferences;

• We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria;

• Combine information received from third parties with the information that we have from or about you and use the combined information for any of the purposes described in this Privacy Policy;

• Use non-individually identifiable information in any way permitted by law, including with third parties in connection with their commercial and marketing efforts; and

• Prevent, detect and investigate security breaches and potentially illegal or prohibited activities.

We may de-identify your Personal Information and PHI to aggregate it. The de-identified information may then be used or disclosed in any manner consistent with applicable law. UpSwing Health may aggregate and statistically analyze Personal Information, including PHI, from more than one member, and may use such resulting aggregated or statistically analyzed data for research purposes, to improve the Services and provide additional helpful information to users on our Site. We may use information that is neither Personal Information nor PHI (including information that has been de-identified and aggregated) to better understand who uses UpSwing Health and how we can deliver a better user experience, to conduct research, or otherwise at our discretion.

5. Disclosure of Information

We may disclose your Personal Information, PHI and certain information that you provide to us or we collect from you as follows:

• We may share your Personal Information and PHI with the Healthcare Providers engaging with you in the Provider Chat.

• We may share your Personal Information (but not PHI) with organizations that collect, aggregate and organize your information.

• We do not sell email addresses to third parties. You may voluntarily provide your e-mail address at your option to other providers who have referral links to their website from our Services.

• We may share your Personal Information and Traffic Data with our business partners who perform core operational services for UpSwing Health (such as hosting, billing, fulfillment, data storage, security, insurance verification, or Website analytics set forth in Section 3 (Tracking Tools)) and/or by making certain features available to our users.

• We may transfer your Personal Information, PHI or any other information we collect about you to another company in connection with a merger, sale, acquisition or other change of ownership or control by or of UpSwing Health (whether in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.

• We also may need to disclose your Personal Information, PHI or any other information we collect about you if we determine in good faith that such disclosure is needed to: (1) comply with applicable law, regulation, court order or other legal process; (2) to prevent or lessen a serious and imminent threat to the health or safety of you, another person or the public; (3) enforce the Terms of Use with you; or (4) respond to claims that any posting or other content violates third-party rights.

In addition to serving our Users, UpSwing Health is interested in improving treatment options and health outcomes for athletes and people with sports or activity related injuries. UpSwing Health may disclose information that is neither Personal Information nor PHI, in individual and aggregate format, for use in scientific research and market research. When selling this information, UpSwing Health de-identifies and aggregates this information to reduce the possibility of re-identification.

6. Storage and Security of Information

We store and process your information on our servers in the United States and abroad. We maintain industry standard backup and archival systems.

We endeavor to follow generally accepted industry standards to protect the Personal Information and PHI submitted to us, both during transmission and in storage. All data is stored in encrypted format that meets standards defined by HIPAA. All data transfers are executed using secure socket layer technology.

Although we make good faith efforts to store Personal Information in a secure operating environment that is not open to the public, we do not and cannot guarantee the security of your Personal Information. If we become aware that your Personal Information has been disclosed in a manner not in accordance with this Privacy Policy, we will use reasonable efforts to notify you of the nature and extent of the disclosure (to the extent we know that information) as soon as reasonably possible and as permitted or required by law.

7. Amending and Deleting Your Personal Information

If you are a registered user of the Services, you may review and modify the information you entered into your user profile. You can modify your other Personal Information, including your username and password, by accessing the settings for your account.  

If you wish to close your account, please email us at ___________. We will delete your account and all of your Personal Information from our Site at your request as soon as reasonably possible. Please know that UpSwing Health does reserve the right to retain certain information from closed accounts in order to comply with law, prevent fraud, resolve disputes, enforce the Terms of Use and take other actions permitted by law. In addition, even if you request deletion, any research conducted, or in progress, prior to deactivation may still include your data.

8. Changes to this Privacy Policy

UpSwing Health reserves the right to change the terms of this Privacy Policy at any time. The process for changing this Privacy Policy is described in our Terms of Use. If we change the terms of this Privacy Policy, the new terms will apply to all Personal Information UpSwing Health maintains, including information that was created or received before such changes were made.

9. Contacts

If you have questions, concerns or comments regarding the Privacy Policy, please email us at info@upswinghealth.com