Last updated June 27, 2023
OVME provides the OVME Platform, which may include a mobile application, which allows an individual who is registered with the OVME Platform (a “Customer”) to request and schedule a session/appointment with us as a Recipient to receive minimally invasive medical aesthetic service, medical grade aesthetician services and other skincare and wellness services from OVME (a “Treatment(s)”). As used herein, the term “User” refers to any user of the OVME Platform,. As used herein, the term “Account” may refer to the registered account of a Customer. A User who requests a Treatment through the OVME Platform may be referred to as the “Recipient” of that Treatment.
2. Information We Collect.
As part of the operation of the OVME Platform and the provision of our Services to you, we will collect both personally identifying and non-personally identifying information from you (collectively, “Collected Information”).
The types of Collected Information are described below:
As part of the operation of the OVME Platform and the provision of Services to you, we will collect, store, and use data that is (or may be combinable with other data in such a way as to be) personally identifiable to you (“Personal Information”), including but not limited to the following:
· Contact Information – e.g. name, address, phone, email;
· Demographic Information – e.g. sex, age;
· Location Information – information about your geographic location or that of the device via which you access the OVME Platform;
· Protected Health Information –individually identifiable health information, which may include demographic data, medical histories, test results;
· Financial Information – information related to your banking or credit accounts;
· Tracking Information – information related to the device you use to access the OVME Platform, e.g. cookies and related technologies; and
· Other Information – miscellaneous information, e.g., your uploaded photograph, reviews you’ve submitted.
When you access our Site, register your Account and/or utilize our Services, we collect and store Personal Information. You also may choose to send the Company Personal Information in an email message containing information or inquiries about the OVME Platform. Many of the types of information described below, or can comprise, Personal Information. We take the safety and integrity of your Personal Information very seriously.
Other than General Information, which may include Protected Health Information aggregated and/or anonymous information that is de-identified, we do not sell your information to third parties, and only share Personal Information under limited circumstances, as described in Section 4. These limited circumstances in which Personal Information may be shared with third parties exclude text messaging originator opt-in data and consent – this information will not be shared with any third parties. We employ industry standard security measures as described in Section 6.
When you visit the OVME Platform via a mobile application, we may use GPS technology (or other similar technology or your direct submission) to determine your current location in order to facilitate the booking of a session/appointment and provision of Treatment. We will not share your current location with other Users, except to facilitate the request or provision of Treatment.
If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your mobile phone settings; provided, however, accurate information regarding your location is required to ensure Treatment can be provided as (and at the location) requested, and that failure to be present at the location of a scheduled Treatment may be subject to penalty under our Terms of Service.
Protected Health Information
Our collection and use of your Personal Information, which we receive pursuant to this Agreement, is not governed by HIPAA. We will collect and use your Personal Information, including non-HIPAA covered Protected Health Information, consistent with the terms of this Agreement.
When you use the Service to upload, transmit, or receive Protected Health Information, you agree that, to the extent applicable, you shall comply with all applicable state and federal laws including, but not limited to, the Privacy Laws. You represent and warrant that you will, at all times, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of Protected Health Information. You agree that the Company, and all other persons or entities involved in the operation of the Service, have the right to monitor, retrieve, store, review, and use Protected Health Information, if applicable, in connection with the transmission of any Protected Health Information.
To facilitate the request and provision of Treatments via the OVME Platform and/or payment to the Company for Treatments provided, Users may be asked to input banking and credit card information, such as credit card numbers, bank routing numbers, and/or other information related to payments and financial transactions. For your security, we utilize a third-party payment processor for all transactions. We do not store or maintain on our servers any of your banking or credit card information.
We may use such information in the aggregate to understand how our users as a group use the services and resources provided on our sites. We may link such usage information to Collected Information in order to securely verify your identity, to personalize aspects of your experience on the OVME Platform, to better understand which information or services are of greater value to our Users, and to send follow-up communications regarding our products and services to website visitors. As with all other Personal Information, we do not sell Tracking Information to third parties.
You can choose whether to accept cookies by changing the settings of your browser. You can reset your browser to refuse all cookies, or allow your browser to show you when a cookie is being sent. You can also erase cookies already stored on your computer. If you choose not to accept these cookies or if you erase them, your experience on the OVME Platform, and other websites, may be diminished and some features may not work as intended.
We may also collect Tracking Information from our mobile applications to determine how Users utilize the applications and how we can improve the experience for Users.
We may also collect other various data as part of the operation of the OVME Platform and the provision of our Services. We may also collect various other information, such as reviews, and your usage of promotional features. From time to time, OVME may perform research (online and offline) via surveys. We may engage third party service providers to conduct surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve individuals by learning more about their needs and the quality of the products and services we provide. The survey responses may be utilized to determine the effectiveness of our Services, various types of communications, advertising campaigns and/or promotional activities. If an individual participates in a survey, the information given will be used along with that of other study participants. We may share anonymous individual and aggregate data for research and analysis purposes.
The Company may also collect, store, and utilize information related to the usage and operation of the OVME Platform and our Services that is aggregated, statistical, regional, anonymized, de-identified, or otherwise not identifiable to a natural person (collectively, “General Information”). The Company may publish or share, without restriction, General Information with third parties or the public. For example, the Company may compile and publish data related to numbers of registered Users, numbers of Treatments provided, Company revenue, average delivery time of Treatments, etc. We may also use General Information in order to help us improve our existing products and Services or develop new products and Services or we may sell or license anonymized or de-identified datasets derived from Collected Information for any lawful purpose, including but not limited to, supporting researchers in generating insights or to address hypotheses across a range of scientific, medical, clinical, or pharmaceutically-relevant questions. General Information is not Personal Information, and is expressly excluded from any restrictions in this Agreement upon Personal Information.
As noted above, we provide and may sell General Information to third parties.
3. How Does the Company Use My Information?
We may use Collected Information to facilitate the use and operation of the OVME Platform and our Services, including the request and provision of Treatments, to service your Account, to communicate with you, to obtain your opinions on our Services, to send communications regarding our products and Services, to alert you to new features or information, and to improve the operation of the OVME Platform and our provision of Services to you. We may also collect and record information about usage of the Site and OVME Platform in order to better serve our Users and enhance our products and Services.
4. Will the Company share my information?
The Company owns all the information collected from and about Users, as detailed in our Terms of Service. We do not rent, sell, or trade Personal Information to any third party. We may disclose or provide access to Personal Information to a third party in one of the following limited circumstances:
· Where necessary for security purposes, to protect against fraud or unauthorized transactions, to resolve Customer disputes or inquiries, or to respond to requests from persons who are acting in a fiduciary or representative capacity for you, or who hold a legal or beneficial interest in your Account;
· Where necessary for a third-party contractor, contracted by the Company, to perform services related to the OVME Platform;
· To perform necessary identity and professional verification;
· As permitted by applicable law, including in response to legal process or requests from government authorities;
· In the event we go through a business transition, such as a merger, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy, or sale of all or a portion of our assets, we may disclose your Personal Information to the party or parties of such transaction, Accounts and Collected Information may be disclosed to the party or parties involved in such transaction.
5. What Happens When I Close My Account?
If you close your Account with us, we will make reasonable efforts to delete your Account and Personal Information collected about you. Please note that our ability to delete data is subject to any data retention requirements imposed by law, regulation, or court order, and to the operational needs of the OVME Platform. Upon deletion from our active storage or database environment, information may persist in archival form. We will endeavor, as is practicable, to periodically purge from archival storage information that has been so deleted from our active storage or database environment, but make no guarantees as to the timing or our ability to do so.
We do not knowingly allow Users under the age of 18 to use the OVME Platform, and we do not knowingly collect information from any person under the age of 18. Use of the OVME Platform or our Services by anyone under the age of 18 is a violation of our Terms of Service and is expressly prohibited. If a person has nonetheless provided false information in order to register an Account, that person’s Account is subject to closure and any data associated therewith is subject to deletion.
Your Account is password protected. If you have reason to believe that your Account has been compromised or is no longer secure (e.g., because of activity you do not recognize, or because of a breach of your email, banking, credit, or any other financial or personal account), please immediately notify us of the problem by contacting us in accordance with Section 9, “Contacting Us”, below.
7. Supplemental Policy Terms - Individuals Residing in Colorado, Connecticut or Virginia Only.
This Supplemental Policy applies only to information collected about individuals residing in Colorado, Connecticut or Virginia and supplements the information contained above. Subject to certain limitations and depending on your state of residence, you have the following rights with respect to the personal information that we collect about you:
· Right to Know. You can ask us to give you information about our collection and use of your personal information. Specifically, you can request that we provide you one or more of the following:
o The categories of personal information we collected about you.
o The categories of sources from which we collected your personal information.
o Our business and commercial purposes for collecting, selling, or sharing your personal information.
o The categories of third parties to whom we disclose your personal information.
o The specific pieces of personal information we collected about you.
· Right to Delete. Subject to certain limitations, you can ask us to delete your personal information.
· Right to Correct. You can ask us to correct inaccurate personal information that we have about you.
· Right to Opt Out of Targeted Advertising or Sale. You can ask us to stop using your personal information for targeted advertising. Please see the discussion on Sales/Sharing above.
· Right Against Discrimination. We will not discriminate against you for exercising your rights.
You can request to exercise your right to know, delete, or correct your personal information by emailing email@example.com. If you do not receive a confirmation of our receipt of your request within 10 days, we may not have received your request and you should re-submit it. Once we receive your request, we will attempt to verify your identity. We may ask you for additional information to help us verify your identity, including by asking you to confirm other personal information you have provided to us. We may deny your request for reasons permitted by law, including our inability to verify your identity. If we deny your request, we will tell you why we did so.
Residents of Colorado, Connecticut, and Virginia can appeal a refusal to take action on a request by contacting us by email at firstname.lastname@example.org.
8. Notification of Changes.
9. Contacting Us.
If you have any questions or concerns related to this Agreement, how to remove or modify your user information or related consents your Account, a Treatment, another User, or anything else regarding the OVME Platform or Services, please email us at email@example.com or write to us at:
3535 Piedmont Road NE
Building Fourteen, Suite 450
Atlanta, Georgia 30305