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Privacy Policy

Effective Date: June 1st, 2024

At Morning Health, Inc. (“Morning Health,” “we,” or “us”), we are committed to protecting your privacy and we take great care with your personal information that we gather when you access or use www.getkay.ai, “Kay” AI services, and related websites, applications, and services owned and operated by Morning Health and that link to this Privacy Policy (collectively, the “Services”). This Privacy Policy is meant to help those that use our Services to communicate with providers and/or manage health or lifestyle conditions (“Users”) and physicians, clinicians, practitioners, dietitians, nutritionists, therapists, dentists, or other healthcare specialists, professionals, providers, organizations or agents or affiliates thereof that use our Services (“Healthcare Providers,” and collectively with Users, “you,” or “your”) understand how we treat your personal information. BY USING OR ACCESSING THE SERVICES IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU ACCEPT THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY, AND YOU HEREBY CONSENT THAT WE WILL COLLECT, USE, AND SHARE YOUR INFORMATION IN THE FOLLOWING WAYS. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, YOU MAY NOT USE THE SERVICES. IF YOU USE THE SERVICES ON BEHALF OF SOMEONE ELSE (SUCH AS YOUR CHILD) OR AN ENTITY (SUCH AS YOUR EMPLOYER), YOU REPRESENT THAT YOU ARE AUTHORIZED BY SUCH INDIVIDUAL OR ENTITY TO ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF. Any use of Morning Health’s Services is at all times subject to the Agreement (as the term “Agreement” is defined in our Terms of Use, which incorporates this Privacy Policy).  

HIPAA and PHI

Certain demographic, health and/or health-related information that Morning Health collects about Users as part of providing the Services to our HealthcareProviders may be “protected health information” or “PHI” and governed by the Health Insurance Portability and Accountability Act and its implementing regulations (“HIPAA”). Specifically, when (i) Morning Health is providing administrative, operational and other services to a Health Care Provider and this Healthcare Provider is a “Covered Entity” (as such term is defined in HIPAA); and (ii) in order to provide those services, Morning Health receives identifiable information about a User on behalf of the Healthcare Provider, Morning Health is acting as a “Business Associate” (as such term is defined in HIPAA)of the Health Care Provider, and this identifiable information is regulated as PHI.

HIPAA provides specific protections for the privacy and security of PHI and restrict show PHI is used and disclosed.

HIPAA does not apply to Personal Data (defined below) that is not PHI. Personal data that a User provides to Morning Health when Morning Health is not acting as a Business Associate is not PHI. To provide just a few examples, when you (i)create an account, (ii) complete general medical or health history forms or health questionnaire that are not required by or provided by a particularHealthcare Provider (“General Health History Forms”); (iv) post reviews; or (v)provide device/IP Information or Web Analytics information by browsing our websites (see below).

Personal Data We Collect

The following subsections detail the categories of Personal Data that we collect and have collected over the past twelve (12) months. “Personal Data” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules or regulations. For each category of Personal Data, these subsections also set out the source of that Personal Data, our commercial or business purpose for collecting that Personal Data and the categories of third parties with whom we share that Personal Data. More information regarding those sources and categories are set forth below.

Categories of Personal Data We Collect:

Device Information

We collect certain information about your device, web browser, IP address, geo-location information, and some of the cookies that are installed on your device.

Web Analytics Data

We collect information about individual web page interactions, referring source through which you access the Services and statistics associated with the interaction between the device and the Services.

User Information Data

Some examples of user information data we collect: user name, e-mail, phone number, state of residence, gender or gender identity.

Health Data

Some examples of health data we collect: health conditions, reasons for counseling or Telehealth visit, health and/or behavioral tracking or progress data, medical history or health information you provide us, photos, pictures or files in other formats related to medical or health data.

Insurance Information

We collect insurance carrier, insurance plan, member ID, group ID, payer ID.

We collect User Information Data, Health Data and Insurance Information when you provide information directly to us when you create an account, voluntarily provide information through Services or through responses to surveys and questionnaires, or send us an email or otherwise contact us.  We may receive certain information such as insurance information and health data from your Healthcare Provider(s) to facilitate our Services.

We also collect Device Information and/or Web Analytics Data using the following technologies:

  • "Cookies"are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit this site.
  • "Log files" track actions occurring on the website, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
  • "Web beacons", "tags", and "pixels" are electronic files used to record information about how you browse the website.

How Do We Use Your Personal Data

We use the Personal Data we collected generally to:

a.    Provide, customize and improve the Services:

  • Creating and managing your account or other user profiles, billing.
  • Providing you with the products, services and information you request.
  • Meeting or fulfilling the reason you provided the information to us.
  • Providing support and assistance for the Services.
  • Improving and Optimizing the Services, including testing, research, internal analytics, and product development.
  • Personalizing the Services, website content and communications based on your needs and/or preferences.
  • Fraud protection, security, and debugging.

b.    Marketing the Services:

  • Marketing and selling the Services.

c.    Corresponding with You:

  • Responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about Morning Health or the Services.
  • Sending emails and other communications that display content that we think will interest you and according to your preferences including notifying you about certain resources or Services.

d.    Legal Requirements:

  • Fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities.
  • Protecting the rights, property or safety of you, Morning Health or another party.
  • Enforcing any agreements with you.
  • Resolving disputes.

How We Share Your Personal Data

In certain circumstances, we may share your Personal Data with Healthcare Providers and third parties to help us use your Personal Information, as described above.

We may provide the User Information Data, Health Data and/or Insurance Information with your Healthcare Provider(s) to facilitate their services, or in the event of an emergency. We may share your Insurance Information with insurance providers to determine eligibility and cost-sharing obligations, and to otherwise obtain benefit plan information on your behalf.

We use Google Analytics to help us understand how our customers use the Services. You can read more about how Google uses your Personal Information here. You can also opt-out of Google Analytics here.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Behavioral Advertising

As described above, we use your Personal Data to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s ("NAI") educational page at How Does This Work.

Do Not Track

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services that you do not wish such operators to track certain of your online activities over time and across different websites. Not all browsers offer a Do Not Track option and there is currently no industry consensus as to what constitutes a Do Not Track signal.Please note that, for these reasons and because of our use of Cookies, ourServices, like many website operators, do not support “Do Not Track” requests sent from a browser at this time. To find out more about “Do Not Track,” you can visit www.allaboutdnt.com.

Your Rights

The California Consumer Privacy Act of 2018 (“CCPA”) provides California residents with specific rights regarding their personal information. If you have any questions about your rights or you would like to exercise this right, please contact us at support@getkay.ai and indicate “California Rights” in the subject line of your communication.

Data Retention

We retain Personal Data about you consistent with all internal policies and procedures. We may retain Personal Data to comply with our legal obligations, resolve disputes or collect fees owed, or as is otherwise permitted or required by our data retention policies and procedures.

Changes

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

Minors

The Services is not intended for individuals under the age of 18.

Contact Us

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us at support@getkay.ai.