Privacy Policy

(Last revised April 23, 2024)

I. Introduction. SkyMD^®, Inc. (“SkyMD^®”, “we”, “us”, or “our”) operates the website located at www.skymd.com and other related websites and mobile applications with links to this Privacy Policy (collectively, the “Site”). Through the Site, we operate an online technology platform enabling members (“Members”) to receive telehealth services rendered by various health care providers (the “Services”). We developed this privacy policy (“Privacy Policy”) to explain how we collect, use, and disclose information from and/or about you when you use the Site.

THE SITE WILL BE COLLECTING AND TRANSMITTING PERSONAL, MEDICAL AND HEALTH-RELATED INFORMATION ABOUT YOU. BY USING THE SITE, YOU AGREE THAT WE CAN COLLECT AND USE YOUR PERSONAL AND OTHER INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.

II. Important Definitions. When we use the term “Personal Information” in this Privacy Policy, we mean information about you that is personally identifiable to you, such as your contact information (such as name, address, email address, or telephone number), personally identifiable health or medical information (“Health Information”), and any other non-public information that is associated with such information (collectively, “Personal Information”). When we use the term “De-Identified Information”, we mean information that is neither used nor intended to be used to personally identify an individual. Lastly, when we use the term “Cookies”, we mean the small data files that a server sends to your browser while you are viewing a website, which allow you to access the website and which may track related information (such as web pages visited, sequence and duration of visits, and type of computer, mobile device, and/or operating system being used). When we use the term “Web Beacons” (i.e., “clear GIFs”), we mean small graphics with unique identifiers that count and track the online movements of Internet users, including web pages viewed, links clicked, and other actions taken online.

III. Questions. If you have questions or concerns about this Privacy Policy, please contact us by sending an email to support@skymd.com.

IV. HIPAA. Our privacy practices are intended to comply with the Health Insurance Portability and Accountability Act of 1996, as amended from time to time, and all health privacy and security regulations promulgated thereunder (collectively, “HIPAA“). We will maintain the privacy and security of your Health Information as required by HIPAA. We encourage you to review our Notice of Privacy Practices, which describes how we may use and disclose your Health Information.

V. Minors Privacy Policy.

If you are less than 18 years of age, you may not use the Site or submit any information about yourself, unless you are under the supervision of a parent or legal guardian. We do not knowingly allow individuals under the age of 18 to create user accounts that allow access to our Site, and we do not knowingly collect Personal Information submitted by individuals under the age of 18. Only a parent or legal guardian of an individual under the age of 18 may create a user account for and submit Personal Information related to such minor. If we discover that any Personal Information about a minor has been submitted by someone other than a parent or legal guardian, we will remove such information from our server(s) and database(s) as soon as possible.

VI. The Personal information we collect or maintain may include:

· Your name, age, email address, telephone number, username, password, and other registration information;

· Health Information that you provide us, including but not limited to information or records relating to your medical or health history, health status and laboratory testing results, diagnostic images, and other health-related information;

· Health information about you prepared by the health care provider(s) who provide the Services through the Site, such as medical records, treatment and examination notes, and other health related information;

· Billing information that you provide us, such as credit card or bank account information;

· Information about the computer or mobile device you are using, such as what Internet browser you use, the kind of computer or mobile device you use, and other information about how you use the Site; and

· Other information you input into the Site or related services.

VII. Except as otherwise required by law, we may use your Personal Information for the following purposes:

· To provide you with access to the Site so that health care professionals may provide the Services;

· To assist such health care professionals in improving the quality of health care through the performance of quality reviews and similar activities;

· To create De-identified Information such as aggregate statistics relating to the use of the Site and the Services provided by health care professionals;

· To notify you when Site updates are available;

· To market and promote the Site to you;

· To fulfill any other purpose for which you provide us Personal Information; and

· For any other purpose for which you give us authorization.

VIII. Except as otherwise required by law, we may also disclose Personal Information that we collect or you provide in the following instances:

· To our subsidiaries and affiliates, in order to support or facilitate the Site, our business operations, and related services;

· To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential, private, and secure and to use it only for the purposes for which we or you authorize;

· As required by law, which can include providing information as required by a court order;

· When we believe in good faith that disclosure is necessary to protect your safety or the safety of others, to protect our rights, to investigate fraud, or to respond to a government request;

· To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of SkyMD^®’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information maintained by the Site is among the assets transferred;

· For any other purpose disclosed by us when you provide the information.

IX. Information We Collect via Technology. As you use the Site, certain information may be passively collected by Cookies, Web Beacons, navigational data like Uniform Resource Locators (URLs), and third-party tracking services, including:

· Site Activity Information. We may keep track of some actions you take on the Site, such as the content of searches you perform on the Site.

· Access Device and Browser Information. When you access the Site from a computer or other mobile device, we may collect anonymous information from that device, such as your Internet protocol address, browser type, connection speed and access times (collectively, “Anonymous Information”).

· Cookies. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which are stored on your computer or mobile device to enable your browser to access certain pages) to make the Site easier to use, to make our advertising better, and to protect both you and SkyMD^®. You can instruct your browser, by changing its options, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. If you do not accept Cookies, however, you will not be able to stay logged in to the Site.

· Real-Time Location. Certain features of the Site use GPS technology to collect real-time information about the location of your device for a number of purposes, including but not limited to (a) providing you with a list of nearby pharmacies that may fulfill any prescriptions to you by your health care professional; and (b) confirming you are located in a state in which your health care professional is licensed or authorized to provide Services.

· Mobile Services. We may also collect non-personal information from your mobile device or computer. This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include how you use the application(s) and information about the type of device or computer you use. In addition, in the event our application(s) crashes on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our application(s).

· Google Analytics. We use Google Analytics to help analyze how users use the Site. Google Analytics uses Cookies to collect information such as how often users visit the Site, what pages they visit, and what other sites they used prior to coming to the Site. We use the information we get from Google Analytics only to improve our Site. Google Analytics collects only the IP address assigned to you on the date you visit the Site, rather than your name or other personally identifying information. Although Google Analytics plants a persistent Cookie on your web browser to identify you as a unique user the next time you visit the Site, the Cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

“Do Not Track” Disclosures: Please note that, while you may be able to control the use of Cookies through your browser as described above, some browsers may also give you the ability to enable a “do not track” setting that sends a special signal to websites you encounter while browsing the Internet. This “do not track” setting is different from disabling certain forms of Cookies in your browser settings, as browsers with the “do not track” setting enabled still have the ability to accept Cookies. At this time, we do not respond to “do not track” signals or similar mechanisms across any part of the Site. We may collect certain information about our users over time and across third-party websites or online services, regardless of whether such users enable “do not track” signals or similar mechanisms. In the future, if we decide to respond to “do not track” signals and similar mechanisms, we will describe how we do so in this Privacy Policy.

X. De-Identified Information. We may use De-Identified Information created by us without restriction.

XI. Information You Share With Third Parties This Privacy Policy applies only to information we collect through the Site and in email, text and other electronic communications set through or in connection with the Site. This policy DOES NOT apply to information collected by any third party. When you click on links on the Site, you may leave our Site. We are not responsible for the privacy practices of other third-party websites, and we encourage you to review the privacy policies of such third parties.

XII. Modification of Information. Members will be able to update some of their information through the Site. Requests to modify any information may also be submitted directly to support@skymd.com.

XIII. Limitations on Deletion of Information. You may request deletion of your Personal Information by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete Personal Information, it will be deleted from the active database, but may remain in our archives and we may also retain Anonymous Information about your use of our Service. Once we disclose some of your Personal Information to third parties, we may not be able to access that Personal Information any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures. After we delete Personal Information, we will retain De-Identified Data and will continue to use De-Identified Data as permitted under this Privacy Policy.

XIV. Steps we take to keep your information secure. We employ physical, electronic and managerial security methods to help protect against unauthorized access to Personal Information, such as encryption. However, please be aware that no data transmission over the Internet or data storage facility can be guaranteed to be perfectly secure. As a result, while we try to protect your Personal Information, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk.

XV. Opting In and Out. When you create a user account, you may be given an opportunity to opt in to receiving additional information from or on behalf of us as part of the Site and otherwise, including emails, notifications, and newsletters forwarded by us and/or third parties selected by you at the time of submitting your personal information. If you opt in, you may be added to our list of users who will receive such promotional and marketing communications. If you initially opt in and you later decide that you do not want to receive them, you may opt out of receiving promotional and marketing communications from us and/or third parties by notifying us at support@skymd.com. Furthermore, if you discontinue your use of the Site for a period of one (1) year or more, we may require you to re-register, and/or we may otherwise stop communicating with you electronically.

XVI. Report Violations. You should report any security violations to us by sending an email to support@skymd.com.

XVII. Changes to this Privacy Policy. This Privacy Policy is subject to, and incorporated as part of, the Terms of Use. We may change this Privacy Policy from time to time in the future. We will post any revised version of the Privacy Policy on this page. Continued use of our Service following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. By using the Site, you are agreeing to our collection, use and disposal of Personal Information and other data as described in this Privacy Policy, both as it exists now and as it is changed from time to time.