Nuacom, LLC ("Company" or "we" or "us" or "our") is publishing this Privacy Policy for its users ("user" or "you") that use our application or software called FERMD, including mobile applications related or connected thereto (collectively, the "Application"). The following Company privacy policy ("Privacy Policy") is designed to inform you, as a user of the Application, about the types of information that Company may gather about or collect from you in connection with your use of the Application. It also is intended to explain the conditions under which Company uses and discloses that information, and your rights in relation to that information. Changes to this Privacy Policy are discussed at the end of this document. Each time you use the Application, however, the current version of this Privacy Policy will apply. Accordingly, each time you use the Application you should review any changes since the last time you used the Application.
Notice to Users Outside the United States
The Application is hosted in the United States of America and is subject to U.S. state and federal law. If you are accessing our Application from other jurisdictions, please be advised that you may be viewed as transferring your personal information to us in the United States, and by using our Application, you consent to that transfer and use of your personal information in accordance with this Privacy Policy. You also agree to abide by the applicable laws of applicable states and U.S. federal law concerning your use of the Application and your agreements with us. Any persons accessing our Application from any jurisdiction with laws or regulations governing the use of the Internet (including personal data collection, use and disclosure), different from those of the jurisdictions mentioned above may only use the Application in a manner lawful in their jurisdiction. If your use of the Application would be unlawful in your jurisdiction, please do not use the Application. Further, note that your jurisdiction may offer a more limited or different level of protection with respect to the privacy of your data.
BY USING OR ACCESSING THE APPLICATION, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY.
Users of the Application Generally
"Non-Personally Identifying Information" is information that, without the aid of additional information, cannot be directly associated with a specific person. "Personally Identifying Information," by contrast, is information such as a name or email address that, without more, can be directly associated with a specific person.
Like most Application operators, Company gathers from users of the Application Non-Personally Identifying Information of the sort that Web browsers, depending on their settings, may make available. That information includes the user's Internet Protocol (IP) address, operating system, browser type and the locations of the Applications the user views right before arriving at, while navigating and immediately after leaving the Application. Although such information is not Personally Identifying Information, it may be possible for Company to determine from an IP address a user's Internet service provider and the geographic location of the visitor's point of connectivity as well as other statistical usage data. Company analyzes Non-Personally Identifying Information gathered from users of the Application to help Company better understand how the Application is being used. By identifying patterns and trends in usage, Company is able to better design the Application to improve users' experiences, both in terms of content and ease of use.
From time to time, Company may also release the Non-Personally Identifying Information gathered from Application users in the aggregate, such as by publishing a report on trends in the usage of the Application.
Web Cookies
A "Web Cookie" is a string of information which assigns you a unique identification that an Application stores on a user's computer, and that the user's browser provides to the Application each time the user submits a query to the Application. We use cookies on the Application to keep track of services you have used, to record registration information regarding your login name and password, to record your user preferences, to keep you logged into the Application. Company also uses Web Cookies to track the pages that users visit during each Application session, both to help Company improve users' experiences and to help Company understand how the Application is being used. As with other Non-Personally Identifying Information gathered from users of the Application, Company analyzes and discloses in aggregated form information gathered using Web Cookies, so as to help Company, its partners and others better understand how the Application is being used. COMPANY USERS WHO DO NOT WISH TO HAVE WEB COOKIES PLACED ON THEIR COMPUTERS SHOULD SET THEIR BROWSERS TO REFUSE WEB COOKIES BEFORE ACCESSING THE APPLICATION, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THE APPLICATION MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF WEB COOKIES. APPLICATION USERS WHO REFUSE WEB COOKIES MAY LOSE FUNCTIONALITY OR USE OF CERTAIN FEATURES OF THE APPLICATION.
A "Flash Cookie" is a small file stored on your computer by a Application that uses Adobe's Flash player technology. Flash cookies use Adobe's Flash player to store information about your online browsing activities. Flash cookies can be used to replace cookies used for tracking and advertising, because they also can store your settings and preferences. Similarly, Company can place unique HTML5 cookies within a browser's local storage to identify a user over time. When you delete or clear cookies from your browser, you will not necessarily delete the Flash cookies stored on your computer. For more information please see: https://www.consumer.ftc.gov/articles/0042-online-tracking
"Device fingerprinting" can track devices over time, based on your Application's, browser's, computer settings', and/or mobile phone/devices' configurations and settings. Because each browser, computer, and mobile phone/device is unique, device fingerprinting can identify your device, without using cookies. Since device fingerprinting uses the characteristics of your browser, computer, or mobile phone/device configuration to track you, deleting cookies won't help. Device fingerprinting technologies are evolving and can be used to track you on all kinds of internet-connected devices that have browsers, such as smart phones, tablets, laptop and desktop computers. For more information please see: https://www.consumer.ftc.gov/articles/0042-online-tracking
Web Beacons
A "Web Beacon" is an object that is embedded in a web page, application, or email that is usually invisible to the user and allows Application operators to check whether a user has viewed a particular web page, application, or an email. Company may use Web Beacons on the Application and in emails to count users who have visited particular pages, viewed emails and to deliver co-branded services. Web Beacons are not used to access users' Personally Identifying Information. They are a technique Company may use to compile aggregated statistics about Application usage. Web Beacons collect only a limited set of information, including a Web Cookie number, time and date of a page or email view and a description of the page or email on which the Web Beacon resides. You may not decline Web Beacons. However, they can be rendered ineffective by declining all Web Cookies or modifying your browser setting to notify you each time a Web Cookie is tendered, permitting you to accept or decline Web Cookies on an individual basis.
Analytics
We may use third-party vendors, including Google, who use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize and serve ads based on your past activity on the Application, including Google Analytics for Display Advertising. The information collected may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. If you do not want any information to be collected and used by Google Analytics, you can install an opt-out in your web browser (https://tools.google.com/dlpage/gaoptout) and/or opt out from Google Analytics for Display Advertising or the Google Display Network by using Google's Ads help (https://support.google.com/ad/answer/262922?hl=en).
Aggregated and Non-Personally Identifying Information
We may share aggregated and Non-Personally Identifying Information we collect under any of the above circumstances. We may combine Non-Personally Identifying Information we collect with additional Non-Personally Identifying Information collected from other sources. We also may share aggregated information with third parties, including advisors and investors, for the purpose of conducting general business analysis. For example, we may tell our third parties, advisors, or investors the number of visitors or users to the Application and the most popular features or services accessed. This information does not contain any Personally Identifying Information and may be used to develop Application content and services that we hope you and other users will find of interest and to target content and advertising.
In addition, Company may make use of de-identified information in accordance with applicable privacy law.
Mobile Device Additional Terms
(i) Mobile Device. If you use a mobile device to access the Application or download any of our applications, we may collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.
(ii) Geo-Location Information. Unless we have received your prior consent, we do not access or track any location-based information from your mobile device at any time while downloading or using our mobile application or our services, except that it may be possible for Company to determine from an IP address the geographic location of your point of connectivity, in which case we may gather and use such general location data.
(iii) Push Notifications. We send you push notifications if you choose to receive them, letting you know when someone has sent you a message or for other service-related matters. If you wish to opt-out from receiving these types of communications, you may turn them off in your device's settings.
(iv) Mobile Analytics. We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information, such as how often you use the application, the events that occur within the application, aggregated usage, performance data and where the application was downloaded from. We do not link the information we store within the analytics software to any Personally Identifying Information you submit within the mobile application.
Application Registration
As defined above, Personally Identifying Information is information that can be directly associated with a specific person. Company may collect a range of Personally Identifying Information from and about Application users. Much of the Personally Identifying Information collected by Company about users is information provided by users themselves when (1) registering for our service, (2) responding to offers or advertisements, (3) communicating with us, (4) creating a public profile or (5) signing up to receive newsletters. That information may include each user's name, address, email address and telephone number, and, if you transact business with us, financial information such as your payment method (valid credit card number, type, expiration date or other financial information). We also may request information about your gender, age, date of birth, username, hometown and other demographic or relevant information as determined by Company from time to time. Users of the Application are under no obligation to provide Company with Personally Identifying Information of any kind, with the caveat that a user's refusal to do so may prevent the user from using the Application or certain Application features.
BY REGISTERING WITH OR USING THE APPLICATION, YOU CONSENT TO THE USE AND DISCLOSURE OF YOUR PERSONALLY-IDENTIFYING INFORMATION AS DESCRIBED IN THIS "COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION" SECTION.
Company Communications
We may occasionally use your name and email address to send you notifications regarding new services offered by the Application that we think you may find valuable. We may also send you service-related announcements from time to time through the general operation of the service. Generally, you may opt out of such emails at the time of registration or through your account settings, though this may not opt you out of all emails, such as notices about your account, including service announcements and administrative messages.
General Use by Company
Company uses the Personally Identifying Information in the file we maintain about you, and other information we obtain from your current and past activities on the Application (1) to deliver the products and services that you have requested; (2) to manage your account and provide you with customer support; (3) to communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, our affiliate companies or other third parties; (4) to develop and display content tailored to your interests on the Application and other sites; (5) to resolve disputes and troubleshoot problems; (6) to measure consumer interest in our services; (7) to inform you of updates; (8) to customize your experience; (9) to detect and protect us against error, fraud and other criminal activity; (10) to enforce our Terms of Use; and (11) to do as otherwise described to you at the time of collection. At times, we may look across multiple users to identify problems. In particular, we may examine your Personally Identifying Information to identify users using multiple user IDs or aliases. We may compare and review your Personally Identifying Information for accuracy and to detect errors and omissions. We may use financial information or payment method to process payment for any purchases made on the Application, enroll you in the discount, rebate, and other programs in which you elect to participate, to protect against or identify possible fraudulent transactions and otherwise as needed to manage our business.
Company Disclosures
Company will disclose Personally Identifying Information under the following circumstances:
(i) By Law or to Protect Rights. When we believe disclosure is appropriate, we may disclose Personally Identifying Information in connection with efforts to investigate, prevent or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of Company, our users, our employees or others; to comply with applicable law or cooperate with law enforcement; to enforce our Terms of Use or other agreements or policies, in response to a subpoena or similar investigative demand, a court order or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
(ii) Third-Party Service Providers. We may share your Personally Identifying Information, which may include your name and contact information (including email address) with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, supporting the Application's functionality and supporting contests, sweepstakes, surveys and other features offered through the Application. We may also share your name, contact information and credit card information with our authorized service providers who process credit card payments. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purpose. We will never sell your information to third parties or to advertisers.
(iii) Business Transfers; Bankruptcy. Company may disclose all Personally Identifying Information in its possession to a successor organization in the event of a merger, acquisition, bankruptcy or other sale of all or a portion of Company's assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personally Identifying Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and are given an opportunity to affirmatively opt-out of it. Personally Identifying Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by the successor organization.
(iv) Employees, Contractors, and Consultants: Some Company employees and operations contractors, and consultants may have limited access to your Personal Information in the course of providing services to you, including for the purpose of troubleshooting problems and/or resolving complaints. These contractors include vendors and suppliers that provide us with technology, services, and/or content for the operation and maintenance of the Application. Access to your Personal Information is limited to the information reasonably necessary for the employee or contractor to perform the function needed to resolve the issue or to provide or improve the service.
(v) Use and Disclosure of Personally Identifying Information for Healthcare Operations & Services: We may use and disclose your Personally Identifying Information to provide you with care, to run our healthcare operations, to take payment, or to provide information to clinicians who work with our Application, platforms and systems, and to comply with state and US federal regulations. We implement a range of technical, administrative and physical safeguards to protect your Personally Identifying Information. To the extent you are transmitting information known as Protected Health Information ("PHI") under HIPAA, this may entitle you to certain rights described under HIPAA.
Your Ability to Change Personally Identifying Information; Account Termination
You may at any time review or change your Personally Identifying Information by going to your account settings (if applicable) or contacting us using the contact information below. Upon your request, we will deactivate or delete your account and contact information from our active databases. Such information will be deactivated or deleted as soon as practicable based on your account activity and accordance with our deactivation policy and applicable law. To make this request, either go to your account settings (if applicable) or contact us as provided below. We will retain in our files some Personally Identifying Information to prevent fraud, to troubleshoot problems, to assist with any investigations, to enforce our Terms of Use and to comply with legal requirements as is permitted by law. Therefore, you should not expect that all your Personally Identifying Information will be completely removed from our databases in response to your requests. Additionally, we keep a history of changed information to investigate suspected fraud with your account.
Children's Personally Identifying Information
The features, programs, promotions and other aspects of our service requiring the submission of Personally Identifying Information are not intended for anyone under 18 years of age. We do not knowingly collect Personally Identifying Information from children under the age of 18 other than minor children receiving the service through registration by their parent or legal guardian. If you are under 18 then you may not use or access our Application or services at any time or in any manner.
We use reasonable electronic, personnel and physical measures to protect it from loss, theft, alteration or misuse. However, please be advised that even the best security measures cannot fully eliminate all risks. We cannot guarantee that only authorized persons will view your information. We are not responsible for third-party circumvention of any privacy settings or security measures.
We are dedicated to protect all information on the Application as is necessary. However, you are responsible for maintaining the confidentiality of your Personally Identifying Information by keeping your password confidential. You should change your password immediately if you believe someone has gained unauthorized access to it or your account. If you lose control of your account, you should notify us immediately.
Despite our efforts to protect your Personally Identifiable Information, there is always some risk that an unauthorized third party may find a way around our security systems or that transmissions of your information over the Internet may be intercepted. We do not utilize encryption systems for emails from us to you. Therefore, we make no representations or warranties regarding the sufficiency of the above security measures. No data transmission over the Internet or through mobile devices can be guaranteed to be 100% secure. While we strive to protect your personal information from unauthorized access, use or disclosure, we cannot ensure or warrant the security of any information you transmit to us on the Application. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Therefore, the Company is not responsible for any actual or consequential damages that result from a lapse in compliance with this Privacy Policy because of a security breach or technical malfunction.
For additional information, call U.S Office of Civil Rights at (800) 368-1019 (Voice) or (800) 537-7697 or via Fax: (202) 619-3818 or email: ocrmail@hhs.gov, or contact your local Office of Civil Rights of the U.S. Department of Health and Human Services: https://www.hhs.gov/ocr/about-us/contact-us/index.html#ocr-regional-offices.