Smart Vision Health Privacy Supplement
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This PRIVACY SUPPLEMENT supplements the information contained in the Privacy Policy of Smart Vision Health Inc and its subsidiaries (collectively, “we,” “us,” or “our”) and applies solely to our users who are residents of U.S. states, commonwealths or territories with applicable data privacy laws (“consumers” or “you”) in relation to your use of our owned and operated websites that are intended for use by consumers (non-professionals) for non-commercial personal, family or household purposes, including SmartVisionHealth.com, and the mobile optimized versions of the sites and our Mobile Device Applications or "Apps" (we refer to these sites and Apps collectively as the “Smart Vision Health Sites”). We refer to the Smart Vision Health Sites and Apps, along with the information and services made available to you through the Smart Vision Health Sites and Apps, as the “Services”.
We adopt this notice to comply with the requirements of certain applicable U.S. data privacy laws and regulations, including the California Consumer Privacy Act, the California Privacy Rights Act and other California privacy laws, Virginia Consumer Data Protection Act, the Colorado Privacy Act, as well as the Connecticut Act Concerning Personal Data Privacy and Online Monitoring (collectively, “Applicable Data Privacy Laws”). Any terms defined in our Privacy Policy or in Applicable Data Privacy Laws have the same meaning when used in this notice.
Information we collect.
Certain information that we collect identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”).
Personal information may not include:
Publicly available information from government records.
De-identified or aggregated consumer information.
Information may be collected and used in a de-identified and/or aggregated manner.
Information excluded, such as:
1. protected health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the California Confidentiality of Medical Information Act (CMIA) and the Health Information Technology for Economic and Clinical Health Act (HITECH), clinical trial data or biomedical research study covered by the Federal Policy for the Protection of Human Subjects (Common Rule) or the human subject protection requirements of the United States Food and Drug Administration (FDA); or
2. personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), the Farm Credit Act of 1971 and the Driver's Privacy Protection Act of 1994.
3. information and documents created for purposes of the Health Care Quality Improvement Act of 1986.
Sensitive Personal Information
Sensitive personal information may include (1) personal information that reveals (A) a social security, driver’s license, state identification card, or passport number; (B) account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; (C) precise geolocation; (D) racial or ethnic origin, immigration status, religious or philosophical beliefs, or union membership; (E) the contents of mail, email, and text messages except where we are the intended recipient of the communication; (F) genetic data; (2) the processing of biometric or genetic information for the purpose of uniquely identifying a consumer; (3) personal information collected and analyzed concerning a consumer’s health or diagnosis; (4) personal information collected and analyzed concerning a consumer’s sex life or sexual orientation; and (5) personal information collected from a known child.
We may collect and store certain categories of sensitive personal information (e.g., account log-in, precise geolocation) in order to provide the Services to you and for short-term, transient use based on your interactions with the Smart Vision Health Sites.
Categories of sources from which information is collected.
As described in our Privacy Policy, we may obtain the categories of personal information listed above from the following categories of sources:
1. Directly from you, such as when you register with Smart Vision Health.
2. Directly and indirectly from your activity on our Sites and Apps, as described below under Services and device information and Cookies and other tracking technologies.
3. From third parties that interact with us in connection with the Services, such as from your employer, who has provided you Smart Vision health subscription, and from consumer data providers for research and analytics purposes as described below.
Use of your personal information.
Services and Device Information
When you access and use the Services, Smart Vision Health automatically collects and stores in its server logs information from your browser or mobile device such as your IP address or unique device identifier, browser information (including referring URL), your preferences and settings, cookies and information about the content you have viewed and actions taken (e.g., search queries, ad engagement, clicks and the associated dates and times). Smart Vision Health may also collect device-specific information when you install and use an App including your device model, operating system information, advertising ID (which is a unique, user-resettable identification number for advertising associated with a mobile device) and App version and usage information. When enabled by you, we collect precise location information provided by your mobile device, which you may disable through the device settings.
Cookies and Other Tracking Technologies
We and our partners use cookies to collect information about your use of the Services. “Cookies” are small data files assigned to your browser when you visit a Smart Vision Health Site which enable recognition of your browser and collect and store information about your use of the Services, as described above. In addition to cookies, we and our partners use other tracking technologies that collect information about your use of the Services, including mobile identifiers and "web beacons" which are small graphic files (sometimes called “clear GIFs” or “web pixels”) embedded in a web page or email typically used to monitor activity and send relevant information back to a home server (which can belong to the host site, a network advertiser or some other third party). The information collected by such tracking technologies may be combined with other information that our partners have access to, including your name, email address and physical address, so that we can send you materials, either electronically or by direct mail, that may be of interest to you.
Our advertising service partners may use cookies and other tracking technologies to collect information about your use of the Smart Vision Health Sites, including content you have viewed. These third parties may use this information to help Smart Vision Health deliver advertising on the Smart Vision Health Sites and on other third party websites based on your browsing activity on the Smart Vision Health Sites. Smart Vision Health may further tailor the advertising on the Smart Vision Health Sites and these other third party websites based on additional information to the extent known by Smart Vision Health or these third parties. Two of the third parties that Smart Vision Health works with are Google and Facebook. In addition to using the information it collects performing services for Smart Vision Health, Google may also use such information as described in its privacy policy. To see how Google may use information collected through our use of the Google services on the Smart Vision Health Sites visit https://www.google.com/policies/privacy/partners. While Facebook does not provide any personal information to Smart Vision Health, Facebook may use information that it has about you and that it collects performing services for Smart Vision Health (which may be associated with personal information that Facebook has about you) as described in its privacy policy available at https://www.facebook.com/about/privacy.
For more information about how our cookies and other tracking technologies are used in connection with the Services, please read our Cookie Policy.
Use of personal information.
Your personal information may be used for the following business purposes:
to provide, improve and create new Services,
to respond to your inquiries and to send you administrative communications about the Smart Vision Health Sites and Services,
to obtain your feedback about the Smart Vision Health Sites and Services,
to send you secure electronic messages and personalized emails pertaining to your interests as inferred from your use of the Services, including news, announcements, reminders and opportunities from Smart Vision Health,
to statistically analyze trends and user behavior and activity including how frequently areas of the Smart Vision Health Sites are visited, how the Services are being used and how many emails are received and opened,
to provide you and people with similar demographic characteristics and interests with more relevant content including advertising both on and off the Smart Vision Health Sites and Apps,
to offer lead generation services,
to detect and defend against fraud and other threats to the Services and our users,
to identify issues with the Services,
to conduct research and measurement activities, including those described below, and
to administer your account.
In addition, Smart Vision Health may use personal information about you for other purposes that are disclosed to you at the time we collect the information and/or with your consent.
Smart Vision Health may combine your personal information and other information collected about your use of the Services, and also supplement with information from external sources for the purposes described in this privacy notice. For example, information that Smart Vision Health collects about you may be combined by Smart Vision Health with other information available to Smart Vision Health through third parties for research and measurement purposes, including measuring the effectiveness of content, advertising or programs. This information from other sources may include age, gender, demographic, geographic, personal interests, product purchase activity or other information. We may report aggregate information, which is not able to be identified back to an individual user of the Smart Vision Health Sites, to our current or prospective advertisers and other business partners, including your employer, who has provided you Smart Vision Health subscription, and your employer’s health plan.
Sharing your personal information
Personal information disclosed for a business purpose
We may share your information with our subsidiaries, affiliates and companies acquired by or merged with us and our affiliates.
Smart Vision Health works with third party companies that help us provide the Services and to otherwise assist in the operation of the Smart Vision Health Sites and Apps, including those that provide services relating to technology, data analysis, research, email management and deployment, sweepstakes and contest administration, advertising and marketing and/or content. Smart Vision Health service providers sometimes have limited access to your information in the course of providing products or services to Smart Vision Health. We contractually require that our service providers not use or disclose your information for any purpose other than providing the limited service or function for Smart Vision Health.
We disclose your personal information for a business purpose to the following categories of third parties: (i) service providers, and (ii) third parties to whom you or your agents authorize us to disclose your personal information in connection with the Services.
Personal information “sold” to or “shared” with third parties
We may share information that we have about you, such as a cookie ID or IP address, with third party advertising partners who may use this information, on our behalf, to help Smart Vision Health deliver advertising on the Smart Vision Health Sites as well as on third party websites.
For more information about our use of cookies and other tracking technologies, please read our Cookie Policy.
We do not “sell” or “share” the personal information of consumers that we know are minors under 16 years of age without affirmative authorization as required under the Applicable Data Privacy Laws.
Retention of Personal Information
If you have an account on the Smart Vision Health Sites, we may retain your personal information as long as your account is active in order to provide the Services to you and for a period of (2) years thereafter. If you do not have an account, we may retain certain personal information based on your interactions with the Smart Vision Health Sites, such as IP address, as long as relevant to your use of the Services.
Your rights
The Applicable Data Privacy Laws provide consumers with specific rights regarding their personal information. This section describes your consumer rights and explains how to exercise those rights.
Right to know and data portability rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months or beyond the 12-month period on or after January 1, 2022. Once we receive and confirm your verifiable consumer request, we will disclose to you:
the categories of personal information we collected about you.
the categories of sources for the personal information we collected about you.
our business or commercial purpose for collecting, selling or sharing that personal information.
the categories of third parties with whom we disclose that personal information.
the specific pieces of personal information we collected about you (also called a right to access or data portability request).
You may only make a verifiable consumer request for access or data portability twice within a 12-month period.
Right to delete
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and verify your consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
prevent, detect and investigate security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
debug products to identify and repair errors that impair existing intended functionality.
exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
comply with a legal obligation.
make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Right to correct your inaccurate personal information
You have the right to request that we correct any inaccurate personal information about you, taking into account the nature of the personal information and the purposes of processing your personal information. Once we receive and verify your consumer request, we will use commercially reasonable efforts to correct (and direct our service providers to correct) your inaccurate personal information from our records, unless it is impossible or involves a disproportionate effort.
Right to opt-out of the sale or sharing of your personal information
The CCPA defines “sale” and “share” broadly, and it may include our sharing information that we have about you, such as a cookie ID or IP address, with third party advertising partners who may use this information, on our behalf, to help us deliver advertising on the Smart Vision Health Sites as well as on third party websites. You have the right to opt-out of the sale or sharing of your personal information subject to certain exclusions as described below. Once we receive your request, we will not sell or share your personal information, unless an exclusion applies. We may request that you authorize the sale or sharing of your personal information after 12 months following your opt-out.
The Applicable Data Privacy Laws exclude certain transfers of your personal information from what constitutes a sale or sharing thereof:
As directed by you:
When you direct us to intentionally disclose your personal information or use the Services to intentionally interact with us or a third party (provided that third party does not sell or share your personal information, unless that disclosure would be consistent with the Applicable Data Privacy Laws).
Opt-out signal:
We may share an identifier for you if you have opted out of the sale or sharing of your personal information for the purposes of alerting third parties of your election.
Service provider:
We may share your personal information with a service provider that is necessary to perform a business purpose as described above if both of the following conditions are met:
we provide notice of the sharing and your opt-out right as described herein.
the service provider does not further collect, sell, share or use the personal information of the consumer except as necessary to perform the business purpose.
Change of control:
We may transfer to a third party your personal information as an asset that is part of a merger, acquisition, bankruptcy, or other transaction subject to certain requirements described in the Applicable Data Privacy Laws.
We are unable to process opt-out requests across devices or the Apps for advertising services described herein. For example, if you opt-out on your browser, we are not able to honor that request if you are using one of our Apps due to our practices and the limitations described above.
Right to non-discrimination for exercising your privacy rights
We will not discriminate against you for exercising any of your Applicable Data Privacy Laws rights. Unless permitted by the Applicable Data Privacy Laws, we will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
We may provide a different level of Services if the difference is reasonably related to value provided by your data.
Exercising access, data portability, correction, deletion and opt-out rights
To exercise the access, data portability, correction, deletion and opt-out rights described above, please submit a request to us:
Smart Vision Health, Inc.
902 Broadway, floor 6
New York, NY 10010
The verifiable consumer request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
You may be asked to provide further verifying documentation, such as proof of residency and identity.
Only you or a person that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. If you are making a request through an authorized agent acting on your behalf, such authorized agent must provide proof of written authorization to do so, and you must verify your identity directly with us, unless such authorized agent provides proof of a power of attorney pursuant to Probate Code sections 4000 to 4465.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
In case you want to appeal the denial of a decision with regard to a previous request, please submit a request to us by sending an email to info@smartvisionhealth.com.
Response Timing and Format
We shall confirm receipt of your request(s) within 10 business days and provide you information on how we will process your request. We will endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. Any disclosures we provide will cover a period of no less than 12 months preceding the receipt of a verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
For information on Applicable Data Privacy Laws requests we received last year, please click here.
Changes to this privacy notice
We reserve the right to change or modify this privacy notice and any of our Services at any time and any changes will be effective upon being posted unless we advise otherwise. By continuing to use the Services after changes are made to this privacy notice, you agree to such changes. We encourage you to periodically review this privacy notice for the latest information on our privacy practices.
Contact information
Please send us an email by using the Contact Us link at the bottom of every page of the Smart Vision Health Sites if you have any questions about this privacy notice or the personal information we maintain about you. We will respond to your request within a reasonable timeframe.
You can also contact Smart Vision Health’s Privacy Office at:
Smart Vision Health, Inc.
Attn: Office of Privacy
902 Broadway, floor 6
New York, NY 10010