PRIVACY POLICY
Last updated August 11, 2023
SUMMARY & INTRODUCTION
This Privacy Policy (“Privacy Policy”) describes the types of information Vita Bella and its affiliates (collectively, “Vita Bella,” “we,” “our,” or “us”) may collect, how we use such information, and with whom we share it. Except as explicitly provided herein, this Privacy Policy applies only to information that we collect and use about you from our website located at www.vitabella.com, any other U.S. websites on which we post this Privacy Policy, and when you otherwise interact with us (collectively, the “Services”).
This Privacy Policy applies only to the Services. Except as provided herein, this Privacy Policy does not apply to information collected by us outside of the Services, including on any other website operated by Vita Bella or any third party, or data collected outside of the Services by Providers, the Medical Groups, the Labs, or the Pharmacies. It also does not apply to the information practices of any third party, including third parties you may communicate with off the Services, or third parties you connect with through any application or content (including advertising) that may link to or be accessible from or on the Services.
Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. By accessing or using the Services, you accept the practices and policies outlined in this Privacy Policy and you hereby consent that we may collect, use, and disclose your information as set forth in this Privacy Policy. If any term in this Privacy Policy is unacceptable to you, do not use the Services. This Privacy Policy may change from time to time, and your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.
Note: Vita Bella operates the Platform but does not provide medical services and is not a medical group. Any telehealth consults obtained through our Services are provided by independent medical provider groups, including, but not limited to, Vita Bella Medical Group, P.A. (collectively, the “Medical Groups”), which engage with a network of United States-based health care providers, including nurse practitioners and doctors (each, a “Provider”). The Medical Groups and all Providers are required by law to maintain the privacy of your health information in accordance with federal and state law. The Medical Groups and their associated Providers process your health information in accordance with the Medical Group Notice of Privacy Practices. In the event of a conflict between this Privacy Policy and the Medical Group Notice of Privacy Practices, the Medical Group Notice of Privacy Practices shall prevail.
If you do not agree with our Privacy Policy or the Medical Group Notice of Privacy Practices, you may not use or otherwise access the Services.
WHAT INFORMATION DO WE COLLECT?
In Short: We collect personal information that you provide to us and may collect limited data from public databases, marketing partners, and other outside sources.
We may collect the following information from and about users of our Services:
Information you provide to us. We may collect information you provide to us directly – for example, when you create a User Account, submit feedback, ask questions, or use the Services. This includes contact information, such as name, home and billing address, email address, and telephone number; demographic information such as date of birth, gender, race/ethnicity; payment details like billing address and credit or debit card number (for payment purposes only); identity-verification information; health-related information, such as information about your medical history, medical conditions, treatment options, physician referrals, prescriptions, lab results, lifestyle and personal preferences, health insurance information, or other related health information, such as your physical and emotional characteristics; other information, such as Social Security Number, audio, images, and video of you; log-in credentials (if you create a User Account); and any other information you choose to provide to us about yourself or others.
Information about your use of the Services. We may collect information related to your use of and interaction with the Services, such as communications with Providers through the Services, whether you are a current user, and information related to your inquiries or requests.
Information we receive from other sources. We may collect information about you if you use any of the other websites we operate or the other services we provide. We may collect information from public sources, advertisers, partners, and other third parties (such as third party intermediaries, including Providers and the Pharmacies). For a description of how these sites may use and disclose your information, including any information you make public, please consult the sites’ privacy policies. We have no control over how any third-party site uses or discloses the personal information it collects about you. We may combine information we receive from other sources with other information we collect from and about you.
HOW WE USE YOUR INFORMATION
In Short: We use your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also use your information for other purposes with your consent.
We may use the information we collect in the following ways:
To provide, maintain, improve, manage and optimize our Services.
To facilitate the provision of telehealth services to you by the Medical Groups and its Providers, the Labs, the Pharmacies and/or other health care providers, including for purposes of treatment, case management, patient engagement, medication management, and coordination of care, and to ensure that such Medical Groups, Providers, Labs, Pharmacies and/or other health care providers have the services and support necessary for health care operations.
To communicate with you about the Services, your use of the Services, including by responding to your inquiries and requests and providing customer support or by sending you communications on behalf of your Provider and other health care providers to meet your needs.
To verify your identity and administer your User Account.
To process your payments.
To research and analyze the effectiveness and functionality of our Services and better understand our user base. If we publish or provide the results of this research to others, such research will be presented in a de-identified and aggregate form such that individual users cannot be identified, unless you give us your consent to be identified.
To implement security features.
To provide you with technical support and customer service and troubleshoot any technical issues or errors.
In accordance with applicable legal requirements, advertise and market our Services and those of our third-party partners to you, including on third-party websites (subject to any opt-out preferences you have communicated to us).
To personalize the Services, including engaging in analysis and research regarding use of the Services to better understand your interests and needs and measuring the effectiveness of advertising and content we serve to you and others to deliver and customize relevant advertising and content to you.
To comply in good faith with our policies and any procedures, laws, and regulations which apply to us where it is necessary for our legitimate interests or the legitimate interests of others.
To protect the safety, rights, property or security of Vita Bella, our users, employees, third parties, members of the public and/or our Services.
For any other purpose with your consent.
We may aggregate, de-identify and/or anonymize any information collected through the Services so that such information is no longer reasonably capable of being associated with you. We may use aggregated or anonymized information for any purpose, including for research and marketing purposes, and we may also share such information for any purpose with any third parties, at our discretion.
HOW WE DISCLOSE YOUR INFORMATION
In Short: We may share information in specific situations described in this section and/or with the following third parties.
We may disclose your personal information under the following circumstances:
To our employees and other personnel to provide you with the Services, provide customer support, and for similar purposes.
Among our subsidiaries and affiliates, for business purposes.
To third party service providers with which we contract to help us deliver our Services and perform certain business and administrative functions, such as customer service, email management, payment processing, analytics, legal services, auditing, hosting the Services, and IT support (“Service Providers”). These Service Providers may also include the Medical Groups and its Providers, and other health care organizations, the Labs, and the Pharmacies.
To our vendors that provide services to enable us to promote and advertise the Services and the products and/or services offered via the Services, such as ad platforms or ad-retargeting services, as well as to comply with contact removal requests or requirements, such as mailing list removal services, do not call registries, and similar services.
To the Medical Groups and its Providers, the Pharmacies or the Labs to enable them to provide health care and related services to you via the Services, including (i) to schedule and fulfill appointments, (ii) to enable the sending of messages through our Services, and (iii) for other treatment, payment or health care operations purposes, including pharmacy and laboratory services.
If we sell, transfer, or otherwise share some or all of our assets with a third party in the event of a merger, sale, divestiture, restructuring, reorganization, dissolution, or other similar transaction, or in the event of bankruptcy, if your information is among the assets transferred. We may also share your information in diligence leading up to a potential corporate transaction.
As we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas or any government or regulatory request); enforce or apply our Terms of Use and other policies; protect the rights, property, or safety of Vita Bella, our employees and customers, and any third party; prevent an activity that may be illegal, unethical or legally actionable; or otherwise to comply with the law.
Where we have your consent or you have otherwise directed us to do so. For example, if you request us to share your information with a third party, you have consented to this disclosure.
PROTECTED HEALTH INFORMATION
In Short: This is a summary of our privacy practices, full details on our privacy practices are available on our website and on the new patient registration form.
When you set up a User Account with Vita Bella, you are creating a direct customer relationship with Vita Bella that enables you to access and/or utilize the Services. As part of that relationship, you provide information to Vita Bella, including but not limited to, your name, email address, mailing address, phone number and certain transactional information that are not “protected health information” or “medical information.”
However, in using certain components of the Services, some of the information we collect may constitute “protected health information” (“PHI”) under the Health Insurance Portability and Accountability Act (“HIPAA”). While Vita Bella is not a “covered entity” as defined in HIPAA, one or more of the Medical Groups and its Providers, the Pharmacies, the Labs and/or other health care providers engaging with you through our Services may be a “covered entity” or “business associate” under HIPAA and therefore subject to HIPAA, and Vita Bella may in some cases be a “business associate” of a Medical Group, Pharmacy and/or Lab. Please note that HIPAA does not necessarily apply to an entity or person simply because there is health information involved, and HIPAA may not apply to your transactions or communications with Vita Bella, the Medical Groups, the Providers, the Pharmacies and/or the Labs. To the extent Vita Bella is deemed a “business associate” however, and solely in its role as a business associate, Vita Bella, may be subject to certain provisions of HIPAA with respect to PHI. In addition, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI, “Protected Information”), will be used and disclosed in accordance with such applicable laws. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under this Privacy Policy. Protected Information does not include information that has been de-identified in accordance with applicable laws.
The Medical Groups and its affiliated Providers have adopted a Medical Group Notice of Privacy Practices that describes how they use and disclose PHI. By accessing or using the Services to interact with a Medical Group and/or Provider, you acknowledge that you have received and agreed to the Medical Group Notice of Privacy Practices from your Medical Group and/or Provider(s).
Where Vita Bella collects, uses, and discloses Protected Information on behalf of your Medical Group or Provider, such processing on behalf of your Medical Group or Provider shall be consistent with the Medical Group Notice of Privacy Practices and as permitted in Vita Bella’s agreements with the Medical Groups or Provider, except to the extent you have expressly authorized additional uses and disclosures. We may use PHI for purposes of treatment, payment, and health care operations, including to communicate with you, to provide requested services, to provide information to your Medical Groups or Providers, pharmacies, and insurers, to obtain payments for our services, and to communicate with your Medical Groups or Providers, pharmacies, and benefits program. We may combine your PHI with other information about you, including information from other sources, such as from your Medical Groups or Providers, pharmacies, insurers or benefits program, in order to maintain an accurate record of our users. We may use your PHI to contact you for any services or products offered by Vita Bella or the Medical Groups.
HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.
We keep your information for the time necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and your choices, after which time we may delete and/or aggregate it. We may also retain and use this information as necessary to comply with our legal obligations, as necessary for our legitimate business interests, to resolve disputes, and to enforce our agreements.
HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented measures designed to secure your information from accidental loss and from unauthorized access, use, alteration, and disclosure. We use encryption technology for information sent and received by us. However, transmitting information via the Internet is not completely secure, so although we take steps to protect your information, we cannot guarantee complete security. You share information with us at your own risk.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password that enables you to access certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
THIRD PARTY INFORMATION
This Privacy Policy does not address and we are not responsible for the practices or policies of any third parties using, accessible through, or linked from the Services, including Providers, the Medical Groups, the Pharmacies, the Labs, the manufacturer of your device and other IT hardware or software, and any third-party app or website to which our Services may contain a link. These third parties may gather information from or about you. We have no control over the privacy practices of these third parties and make no representations about them. We encourage you to review the Medical Group Notice of Privacy Practices and the privacy policies of each website and application you visit and use
DO WE COLLECT INFORMATION FROM MINORS?
In Short: We do not knowingly collect data from or market to children under 18 years of age.
Our Services are not directed to children under the age of eighteen (18) without parental consent. We do not knowingly collect information for individuals under the age of 18 (including, for children under the age of 13, “personal information” as defined in the U.S. Children’s Online Privacy Protection Act) without the verifiable consent of that child’s parent or guardian. If we learn that we have received any information for an individual under the age of 18, we process and delete that information as required by applicable law. If you are aware of a child providing personal information to us without parental consent, please contact us at support@vitabella.com.
WHAT ARE YOUR PRIVACY RIGHTS?
In Short: You may review, change, or terminate your account at any time.
Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us at support@vitabella.com.
However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information, however, Vita Bella does not currently operate in California.
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).
CCPA Privacy Notice
The California Code of Regulations defines a “resident” as:
(1) every individual who is in the State of California for other than a temporary or transitory purpose and
(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose
All other individuals are defined as “non-residents.”
If this definition of “resident” applies to you, we must adhere to certain rights and obligations regarding your personal information.
What categories of personal information do we collect?
We have collected the following categories of personal information in the past twelve (12) months:
Category
Examples
Collected
A. Identifiers
Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name
no
B. Personal information categories listed in the California Customer Records statute
Name, contact information, education, employment, employment history, and financial information
no
C. Protected classification characteristics under California or federal law
Gender and date of birth
no
D. Commercial information
Transaction information, purchase history, financial details, and payment information
no
E. Biometric information
Fingerprints and voiceprints
no
F. Internet or other similar network activity
Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements
no
G. Geolocation data
Device location
no
H. Audio, electronic, visual, thermal, olfactory, or similar information
Images and audio, video or call recordings created in connection with our business activities
no
I. Professional or employment-related information
Business contact details in order to provide you our Services at a business level or job title, work history, and professional qualifications if you apply for a job with us
no
J. Education Information
Student records and directory information
no
K. Inferences drawn from other personal information
Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics
no
L. Sensitive Personal Information
no
We may also collect other personal information outside of these categories through instances where you interact with us in person, online, or by phone or mail in the context of:
Receiving help through our customer support channels;
Participation in customer surveys or contests; and
Facilitation in the delivery of our Services and to respond to your inquiries.
How do we use and share your personal information?
More information about our data collection and sharing practices can be found in this privacy notice.
You may contact us by visiting https://vitabella.com/about-us/#contact, or by referring to the contact details at the bottom of this document.
If you are using an authorized agent to exercise your right to opt out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.
Will your information be shared with anyone else?
We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf, following the same strict privacy protection obligations mandated by the CCPA.
We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be “selling” of your personal information.
Vita Bella has not disclosed, sold, or shared any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. Vita Bella will not sell or share personal information in the future belonging to website visitors, users, and other consumers.
Your rights with respect to your personal data
Right to request deletion of the data — Request to delete
You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.
Right to be informed — Request to know
Depending on the circumstances, you have a right to know:
whether we collect and use your personal information;
the categories of personal information that we collect;
the purposes for which the collected personal information is used;
whether we sell or share personal information to third parties;
the categories of personal information that we sold, shared, or disclosed for a business purpose;
the categories of third parties to whom the personal information was sold, shared, or disclosed for a business purpose;
the business or commercial purpose for collecting, selling, or sharing personal information; and
the specific pieces of personal information we collected about you.
In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.
Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
We will not discriminate against you if you exercise your privacy rights.
Right to Limit Use and Disclosure of Sensitive Personal Information
We do not process consumer’s sensitive personal information.
Verification process
Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g., phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.
We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.
Other privacy rights
You may object to the processing of your personal information.
You may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the information.
You can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.
You may request to opt out from future selling or sharing of your personal information to third parties. Upon receiving an opt-out request, we will act upon the request as soon as feasibly possible, but no later than fifteen (15) days from the date of the request submission.
To exercise these rights, you can contact us by visiting https://vitabella.com/about-us/#contact, or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.
DO VIRGINIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of Virginia, you may be granted specific rights regarding access to and use of your personal information, however, Vita Bella does not currently operate in Virginia.
Virginia CDPA Privacy Notice
Under the Virginia Consumer Data Protection Act (CDPA):
“Consumer” means a natural person who is a resident of the Commonwealth acting only in an individual or household context. It does not include a natural person acting in a commercial or employment context.
“Personal data” means any information that is linked or reasonably linkable to an identified or identifiable natural person. “Personal data” does not include de-identified data or publicly available information.
“Sale of personal data” means the exchange of personal data for monetary consideration.
If this definition “consumer” applies to you, we must adhere to certain rights and obligations regarding your personal data.
The information we collect, use, and disclose about you will vary depending on how you interact with Vita Bella and our Services. To find out more, please visit the following links:
- Personal data we collect
- How we use your personal data
- When and with whom we share your personal data
Your rights with respect to your personal data
- Right to be informed whether or not we are processing your personal data
- Right to access your personal data
- Right to correct inaccuracies in your personal data
- Right to request deletion of your personal data
- Right to obtain a copy of the personal data you previously shared with us
- Right to opt out of the processing of your personal data if it is used for targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects (“profiling”)
Vita Bella has not sold any personal data to third parties for business or commercial purposes. Vita Bella will not sell personal data in the future belonging to website visitors, users, and other consumers.
Exercise your rights provided under the Virginia CDPA
More information about our data collection and sharing practices can be found in this privacy notice.
You may contact us by email at support@vitabella.com, by visiting https://vitabella.com/contact, or by referring to the contact details at the bottom of this document.
If you are using an authorized agent to exercise your rights, we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.
Verification process
We may request that you provide additional information reasonably necessary to verify you and your consumer’s request. If you submit the request through an authorized agent, we may need to collect additional information to verify your identity before processing your request.
Upon receiving your request, we will respond without undue delay, but in all cases, within forty-five (45) days of receipt. The response period may be extended once by forty-five (45) additional days when reasonably necessary. We will inform you of any such extension within the initial 45-day response period, together with the reason for the extension.
Right to appeal
If we decline to take action regarding your request, we will inform you of our decision and reasoning behind it. If you wish to appeal our decision, please email us at __________. Within sixty (60) days of receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If your appeal is denied, you may contact the Attorney General to submit a complaint.
DO WE MAKE UPDATES TO THIS NOTICE?
In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.
We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.
HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this notice, you may email us at support@vitabella.com or contact us by post at:
Vita Bella
11201 North Tatum Blvd
Suite 300
Phoenix, AZ 85028
HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it. To request to review, update, or delete your personal information, please visit: https://vitabella.com/contact.
