Last updated September 29, 2021
OVME provides a Platform, which includes a mobile application, which allows an individual who is registered with the Platform (a “Consumer”) to request and schedule a session with a qualified medical professional who is registered with the Platform (a “Provider”) to provide minimally invasive medical aesthetic services (a “Treatment(s)”), which may improve the appearance of facial lines and wrinkles or add volume to various areas of the face. Treatment products may include but are not limited to products with the brand names of Botox®, Dysport®, Juvederm®, Restylane®, or Voluma®. As used herein, the term “User” refers to any user of the Platform, including both Consumers and Providers, as the context requires. As used herein, the term “Account” may refer to the registered account of a Consumer or Provider, as the context requires. A User who requests a Treatment through the Platform may be referred to as the “Recipient” of that Treatment.
2. Information We Collect.
As part of the operation of the 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 in Section 2.1.
2.1 Types of Collected Information.
- Personal Information.
As part of the operation of the 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 Platform;
- “Protected Health Information” – all individually identifiable health information, including demographic data, medical histories, test results, insurance information, and other information used to identify a patient or provide healthcare services or healthcare coverage as may be further defined under HIPAA;
- “Professional Information” – for Providers, information related to your ability and qualifications to practice medicine, and your identity, credentials, and experience, e.g. your medical license, driver’s license, professional references, medical practice contact information, and information obtained via background check;
- “Financial Information” – information related to your banking or credit accounts;
- “Tracking Information” – information related to the device you use to access the Platform, e.g. cookies and related technologies; and
- “Other Information” – miscellaneous information, e.g., your uploaded photograph, reviews you’ve submitted.
When you register your Account and 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 Platform. Many of the types of information described below in this Section 2.1 are, 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. We employ industry standard security measures as described in Section 6.
- Location Information.
When you visit the 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 furnish Treatment pricing, determine availability of providers, facilitate requests for Treatment, perform Consumer-Provider matching, and facilitate the 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.
- Professional Information.
Providers that seek to register with the Platform are required to submit evidence verifying their medical licensure, good standing with the applicable medical board, and other indicia of professional and personal qualification. Professional Information includes but is not limited to information concerning your education, medical license, practice specialty (if applicable), name of supervising physician, professional experience, and insurance coverage.
As part of your registration for an Account and acceptance of this Agreement (and as further described in the Terms), you consent to the Company performing a background check, and storing and using the result of that background check. You further consent to the Company, at its discretion, inquiring into and verifying by other means information you submit as a Provider.
- Financial Information.
To facilitate the request and provision of Treatments via the Platform and/or payment to Providers for Treatments they provide, 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.
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 our 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 our 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 Platform and the provision of our Services. For example, as a measure to promote mutual security and trust between our Users, we ask that both Consumers and Providers upload pictures of themselves so that each can visually verify the other’s identity at the outset of a scheduled Treatment. We may also collect various other information, such as reviews, and your usage of promotional features.
2.2 General Information.
The Company may also collect, store, and utilize information related to the usage and operation of the 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. General Information is not Personal Information, and is expressly excluded from any restrictions in this Agreement upon Personal Information.
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 our 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 Platform and our provision of Services to you. We may also collect and record information about usage of the Website and 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:
- 4.1 Where necessary for security purposes, to protect against fraud or unauthorized transactions, to resolve Consumer 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 Platform;
- To perform necessary identity and professional verification;
- As permitted by applicable law, including in response to legal process or requests from government authorities; or
- In the event that the Company or substantially all of its assets are acquired, Accounts and information collected from and about Users will be part of the transferred assets.
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 personally identifying 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 Platform. Upon deletion from our active Platform 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 Platform 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 our Platform, and we do not knowingly collect information from any person under the age of 18. Use of our 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 a 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 8, “Contacting Us”, below.
7. Notification of Changes.
8. 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 Platform or Services, please email us at firstname.lastname@example.org or write to us at:
3495 Piedmont Road, Building 11, Suite 710
Atlanta, Georgia 30305