Last updated November 18, 2024

1. Introduction.

This Privacy Policy of OVME, LLC and its affiliated entities (referred to as the “Company”, “we”, “our” or “us”) outlines how your personally identifiable information and other personal data will be collected, used, and shared in connection with your access to and/or use of information about our Company or our services through the OVME Platform (as defined below), the Company’s website (www.ovme.com or the “Site”), or other mobile applications (collectively, the “Services”). The platform services provided by the Company, the Site and mobile applications together are hereinafter collectively referred to as the “OVME Platform”. This Privacy Policy describes what information we collect and how we use that information. If you have questions about this Privacy Policy, please in accordance with Section 9, “Contacting Us”, below.

Your use of the OVME Platform constitutes your acceptance of and agreement to all of the terms and conditions in this Privacy Policy available at www.ovme.com/privacy-policy, our Terms of Service (the “Terms”) available at www.ovme.com/terms, and any community guidelines, policies, or rules now in force or enacted in the future, and any amendments and additions to these Terms as we may publish from time to time, as well as your compliance with all applicable laws. The Terms, and any community guidelines, policies, or rules now in force or upon their future enactment, are incorporated by reference into this Privacy Policy and together form and are hereinafter referred to collectively as this “Agreement”. Any terms not defined herein have the meanings ascribed to them in the Terms of Service. This Agreement governs the use of the OVME Platform, and you are giving the Company permission to use and store such information consistent with this Agreement.

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”).

By accessing our website(s) (including the Site), downloading an OVME mobile application, registering an Account with the OVME Platform, or using our Services, you agree that we can collect and use the information as described in this Privacy Policy. If you do not agree, you are neither permitted nor authorized to register or maintain an Account with the OVME Platform, request or provide Treatments via the OVME Platform, access our website(s), download or access our mobile applications, or otherwise use or interact with our Services.

The types of Collected Information are described below:

Personal Information

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.

Location Information

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.

Financial 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.

Tracking Information

“Cookies” are elements of data that a website can send to your browser and store on your computer. The OVME Platform and aspects thereof, and communications therewith, may use cookies, tracking pixels and related technologies. Cookies may also be used to track how you use the OVME Platform. Our cookies are not designed to collect Personal Information, but in some instances, may be combinable with other information to be personally identifiable. Our system may automatically gather information about the areas you visit on our Site or OVME Platform and about the links you may select from within our site to other areas of the Internet or elsewhere online. For example, cookies may be used by the OVME Platform initiate shopping cart reminder messages for transactions that may take place through the OVME Platform (i.e., cookies are used to help keep track of items you put into your shopping cart, including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS).

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.

Other Information

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.

General Information

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.

6. Security.

The Company takes information security very seriously and has established physical and electronic security standards and procedures to protect against unauthorized access to Customer information. We use industry standard means such as physical, electronic and procedural safeguards, including, but not limited to data encryption and secure socket layer technology. We update and test our technology regularly to maintain and improve the protection of our Customers’ information. We restrict access of personal information to employees and service providers for legitimate business purposes to assist in providing services to you. Employees who violate our Privacy Policy are subject to disciplinary action.

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 hello@ovme.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 hello@ovme.com.

8. Notification of Changes.

This Privacy Policy is periodically reviewed and enhanced by the Company as necessary. This Privacy Policy might change as the Company updates and expands the OVME Platform. The Company will endeavor to notify you of any material changes by email, but will not be liable for any failure to do so. The Company also encourages you to review this Privacy Policy periodically. If you do not understand any of the terms or conditions of any of the Company’s policies, you may inquire regarding the same.

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 hello@ovme.com or write to us at:

OVME

3535 Piedmont Road NE

Building Fourteen, Suite 450

Atlanta, Georgia 30305

If you have any questions about this Privacy Policy or our privacy practices, please contact us at:

OVME, LLC  

Privacy Officer: Mike Zuercher

Mike.Zuercher@ovme.com

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