Last Modified: July 8, 2021
a. On the Website;
b. In communications received from us, including emails, phone calls, or texts; or
a. to the extent we process personal information in the role of a processor or service provider on behalf of our customers, including where we offer to our customers various services through which our customers (or their affiliates): (i) send communications to others; or (ii) otherwise collect, use, share or process personal information via services;
c. to information collected by any third party, including through any application or content (including advertising) that may link to or be accessible from the Website.
2. Children Under the Age of 13
2.1. The Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not provide any information to the Website or make any purchases through the Website. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
3. Information We Collect About You and How We Collect It
3.1. Types of Information. We collect several types of information from and about users of the Website, including information:
a. by which you may be personally identified, such as name, email and telephone number (“personal information”);
b. that is about you but individually does not identify you; and/or
c. about your internet connection, the equipment you use to access the Website and usage details.
3.2. Information We Collect. We collect this information:
a. Directly from you when you provide it to us.
b. Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons and other tracking technologies.
c. From third parties, for example, our promotional partners.
3.3. Information You Provide to Us. The information you provide us on or through the Website may include:
a. Information that you provide by filling in forms on the Website. This includes information provided in the process of carrying out a transaction through the Website.
b. Information requested by us when you report a problem with the Website.
c. Records and copies of your correspondence (including email addresses), if you contact us.
d. Your responses to surveys that we might ask you to complete for research purposes.
e. Details of transactions you carry out through the Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the Website.
3.4. The Website may contain personal secure pages (each such page, a “Portal”) that allow users to post, submit, publish, display or transmit to other persons (hereinafter, “Post”) content (collectively and together with comments or suggestions you send to us, “User Contributions”) on or through the Website. Your User Contributions are Posted on your Portal and transmitted to others with access to your Portal at your own risk. Please be aware that no security measures are perfect or impenetrable.
3.5. Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with the Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
a. Details of your visits to the Website, including traffic data and other communication data and the resources that you access and use on the Website.
b. Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically is generally statistical data that does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve the Website and to deliver a better and more personalized service, including by enabling us to:
a. Estimate our audience size and usage patterns.
b. Store information about your preferences, allowing us to customize the Website according to your individual interests.
c. Speed up your searches.
d. Recognize you when you return to the Website.
The technologies we use for this automatic data collection may include:
b. Web Beacons. Pages of the Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
5. How We Use Your Information
5.1. We use information that we collect about you or that you provide to us, including any personal information, for the following purposes:
a. To provide the Service: We use your information to present the Website and its contents to you, and to provide the Service to you. We also use your information to fulfill the purposes for which you provide it, such as processing your customer information, and to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
b. For verification: We use your information to verify your identity in connection with our provision of the Service, for example in order to complete transactions relating to online payments you make using the Website.
c. To communicate with you: We use your information to communicate with you in relation to one or more of the following:
(2) News and information we believe will be of interest to you.
(3) Invitations to participate in surveys and provide feedback to us.
d. For internal business purposes: We use your information for internal business purposes, including but not limited to one or more of the following:
(1) Internal data analysis.
(2) Composition of our printed and online publications and marketing materials which are distributed to prospective customers and/or other third parties, with your consent.
e. To display advertisements: We may use your information (though we do not use your personal information) to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
f. To showcase stories: We may use your information to showcase stories resulting from the Service in a dedicated page on the Website, or in the community where you live with your consent. When we do so, we may attribute stories to the names submitted in connection with relevant User Contributions.
g. For other purposes: We may use your information in any other way we may describe when you provide the information, or for any other purpose with your consent.
6. Disclosure of Your Information
6.1. We may disclose anonymized and aggregated information about our users without restriction.
6.2. We may disclose information that we collect about you or that you provide to us, including any personal information, to the following third parties:
a. Group companies: To our subsidiaries and affiliates.
b. Service providers: To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and not to disclose it, and to use it only for the purposes for which we disclose it to them.
c. Buyer/successor: To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of MemoryWell Inc’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by MemoryWell Inc. about the Website users is among the assets transferred.
d. Customers With Whom You Are Affiliated: If you use our services as an authorized user, we may share your personal information with your affiliated customer responsible for your access to the services to the extent this is necessary for providing the services to you and the customer responsible for your access, verifying accounts and activity, investigating suspicious activity, or enforcing our terms and policies.
f. Advertisers: Even though we do not disclose your personal information to advertisers, third party advertisers may set cookies, web beacons or other technologies on the Website to collect information about your online activities over time and across different websites and other online services, in order to make our advertising on our Website or elsewhere on the internet more relevant to you.
g. Other purposes: We may also disclose your personal information for the following purposes:
(1) To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
(3) If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of MemoryWell Inc., our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
(4) To allow us to pursue available remedies or limit the damages we may sustain.
(5) As necessary or appropriate to otherwise address unlawful or harmful activity.
(6) For any other purpose disclosed by us when you provide the information, or otherwise with your consent.
h. Personal Information We Sold or Disclosed for a Business Purpose: The California Consumer Privacy Act requires businesses to disclose whether they sell personal information. As a business covered by the CCPA, we do not sell personal information. We may share personal information with third parties or allow them to collect personal information from our sites or services if those third parties are authorized service providers or business partners who have agreed to our contractual limitations as to their retention, use, and disclosure of such personal information, or if you use our Website or services to interact with third parties or direct us to disclose your personal information to third parties.
Internet activity information;
Professional and employment-related information;
Social Determinants of Health information;
Education information; and
Inferences drawn from any of the above information categories.
7. Choices About How We Use and Disclose Your Information
7.1. EXCEPT AS SET FORTH OTHERWISE HEREIN, YOU CONSENT TO ALL USES SET FORTH HEREIN.
7.2. We strive to provide you with choices regarding the information you provide to us. We have created mechanisms to provide you with the following control over your information:
c. Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by sending us an email stating your request to email@example.com. For this opt-out to function, you must have your browser set to accept browser cookies. Please note this does not opt you out of being served advertising, and generic advertising may still appear on the Website.
7.3. We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt-out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI's website.
8. Information Collected Under Applicable Regulation
8.1. Personal information includes “protected health information” (“PHI”) as defined in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA.”)
8.2. We collect PHI directly from you when you provide it to us, and by no other means.
8.3. We use PHI to provide the Service to you, and for no other purposes.
9. Accessing and Correcting Your Information
9.1. You may send us an email at firstname.lastname@example.org to request access to, correction or deletion of any personal information that you have provided to us, including but not limited to any User Contributions showcased on our Website. We will endeavor to comply with any such request within a commercially reasonable time. Except for any User Contributions, we cannot delete individual pieces of your personal information except by also deleting your Login. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
9.2. If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages. Proper access and use of information provided on the Website, including User Contributions, is governed by the Website Terms and Additional Service Terms.
10. Data Security
10.1. We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on secure servers behind firewalls. Any payment transactions and all information provided through forms on the Website will be encrypted using SSL technology.
10.2. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password as part of a Login for access to certain parts of the Website, you are responsible for keeping this password confidential and not to share your password with anyone.
10.3. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
10.4. You acknowledge that access to the Website and Service is to be provided over various facilities and communications lines, and information will be transmitted over local exchange and internet backbone carrier lines and through routers, switches, and other devices owned, maintained, and serviced by third-party carriers, utilities, and internet service providers, all of which are beyond our control (collectively, “Carrier Lines.”) We assume no liability for or relating to the integrity, privacy, security, confidentiality, or use of any information while it is transmitted over Carrier Lines, or any delay, failure, interruption, interception, loss, transmission, or corruption of data or other information attributable to transmission over those Carrier Lines. Use of the Website, Service and Carrier Lines is solely at your risk.
11. How Long Your Personal Information Will Be Kept. We will keep your personal information while you have an account with us or while we are providing products and/or services to you. Thereafter, we will keep your personal information for as long as is necessary:
To respond to any questions, complaints or claims made by you or on your behalf;
To show that we treated you fairly; or
To keep records required by law.
13. Your Rights Under the CCPA. You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to exercise free of charge:
Disclosure of Personal Information We Collect About You
You have the right to know:
• The categories of personal information we have collected about you;
• The categories of sources from which the personal information is collected;
• Our business or commercial purpose for collecting or selling personal information;
• The categories of third parties with whom we share personal information, if any; and
• The specific pieces of personal information we have collected about you.
Please note that we are not required to:
• Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;
• Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or
• Provide the personal information to you more than twice in a 12-month period.
Personal Information Sold or Used for a Business Purpose
In connection with any personal information we may sell or disclose to a third party for a business purpose, you have the right to know:
• The categories of personal information about you that we sold and the categories of third parties to whom the personal information was sold; and
• The categories of personal information that we disclosed about you for a business purpose.
You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to opt-out of the sale or disclosure of your Personal Information. If you exercise your right to opt-out of the sale or disclosure of your personal information, we will refrain from selling your personal information, unless you subsequently provide express authorization for the sale of your personal information. To opt-out of the sale or disclosure of your personal information, contact us using the information provided in the “Contact Information” section below.
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
• Delete your personal information from our records; and
• Direct any service providers to delete your personal information from their records.
Please note that we may not delete your personal information if it is necessary to:
• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
• Debug to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act;
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
• Comply with an existing legal obligation; or
• Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Protection Against Discrimination
You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things:
• Deny goods or services to you;
• Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
• Provide a different level or quality of goods or services to you; or
• Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
Please note that we may charge a different price or rate or provide a different level or quality of goods and/or services to you, if that difference is reasonably related to the value provided to our business by your Personal Information.
14. How to Exercise Your Rights. To exercise your rights, please contact us by using the information in the “Contact Information” section, below. Your personal information may be processed in responding to these rights. We try to respond to all legitimate requests within one month unless otherwise required by law, and will contact you if we need additional information from you in order to honor your request or verify your identity. Occasionally it may take us longer than a month, taking into account the complexity and number of requests we receive. If you are an employee of a MemoryWell customer, we recommend you contact your employer’s system administrator for assistance in correcting or updating your information.
Some registered users may update their user settings, profiles, and organization settings by logging into their accounts and editing their settings or profiles.
To update your billing information, discontinue your account or request return or deletion of your personal information and other information associated with your account, please contact us by using the information in the “Contact Information” section, below.
16. Contact Information
17. Do You Need Extra Help? If you would like this notice in another format (for example: audio, large print, braille) please contact us (see “Contact Information” above).