POLICY REGARDING PRIVACY AND USE OF INFORMATION


THIS POLICY REGARDING PRIVACY AND USE OF INFORMATION (as amended from time to time, the “Privacy Policy”) describes your privacy rights with respect to the collection, use, storage, sharing and protection of your personal information by VoiceHIT LLC, a Louisiana limited liability company (“Better Day™ Health”) in connection with your access to and use of any of the following software-as-a-service (SaaS) offerings provided by Better Day™ Health (collectively, the “Better Day™ Materials”). Better Day™ Health will use your information only as described in this Privacy Policy. Capitalized terms not otherwise defined herein shall have the meaning set forth in the applicable end-user license agreement (the “License Agreement”) with respect to your access to and use of the Better Day™ Materials. In the event of a conflict between the License Agreement or any other Better Day™ Health Agreement and this Privacy Policy, the terms of the Privacy Policy control. Better Day™ Health may amend this Privacy Policy at any time in accordance with the License Agreement.

 

1. PRIVACY STANDARDS
Better Day™ Health is committed to protecting the privacy of your personal information regardless of where your personal information is collected, processed, or stored. Better Day™ Health maintains certain physical, electronic and procedural safeguards that restrict unauthorized access to your personal information and trains employees about privacy and limits access to this information.

 

2. HOW WE PROTECT AND STORE PERSONAL INFORMATION
Better Day™ Health stores and processes your information on computers located in the United States that are protected by physical as well as technological security devices. Some of the safeguards Better Day™ Health uses are firewalls and data encryption, physical access controls to Better Day™ Health’s data centers, and information access authorization controls.

 

3. INFORMATION WE RECEIVE ABOUT YOU

3.1 When you visit the Better Day™ Materials, and when you otherwise communicate with Better Day™ Health, Better Day™ Health: (a) may collect “protected health information” or PHI, as well as (b) collects information sent to Better Day™ Health by you, and your computer, mobile phone or other access device. The information collected by Better Day™ Health may include data on the pages you access, your computer IP address, device identifiers, the type of operating system you’re using, your location, mobile network information, standard web log data and other information. Web log data includes the browser type you’re using and traffic to and from Better Day™ Health’s site. When you visit the Better Day™ Materials, Better Day™ Health also collects information about your transactions and your activities through the Better Day™ Materials.

3.2 In addition, when you create a Better Day™ Health profile Better Day™ Health may collect the following types of information:

3.2.1 Log-In ID and Password information; 3.2.2 Registration information including your name, contact information, social security number and tax payer ID number;

3.2.3 Financial information, such as card and account numbers that are linked to your Better Day™ Health account or give Better Day™ Health when you enter into a transaction on the Better Day™ Materials.

3.3 Better Day™ Health may collect information from you to satisfy Better Day™ Health’s obligations with respect to Better Day™ Health’s compliance with OFAC regulations, and other regulatory requirements and Laws. This means that Better Day™ Health may request information from you due to a specific identification requirement or as a result of Better Day™ Health’s watch list screening process. Better Day™ Health may ask you to provide documentation to help confirm your identity or provide additional information regarding your business. Better Day™ Health has the right, but not the obligation, to make any inquiries Better Day™ Health, in its sole discretion, considers appropriate to validate your identity. Such inquiries may include, without limitation: requests for you to provide identifying and other information or make certifications with respect thereto, credit checks, compliance checks, or other searches through one or more public or private databases or resources. You will cooperate fully with any such inquiry, and promptly provide to Better Day™ Health any consents and information requested by Better Day™ Health in connection therewith.

 

4. COOKIES
When you access Better Day™ Health’s Better Day™ Materials Better Day™ Health may place small data files on your computer or other device. These data files may be cookies, pixel tags, flash cookies, or other local storage provided by your browser or associated applications (“Cookies”). Better Day™ Health uses these technologies to: recognize you as a customer and verify your identity; customize Better Day™ Health’s services, content, and advertising; help ensure that your account security is not compromised and mitigate risk and prevent fraud on Better Day™ Health’s Better Day™ Materials. Better Day™ Health uses both session and persistent Cookies. Session Cookies expire and no longer have any effect when you log out of your account or close your browser. Persistent Cookies remain on your device until you erase them or they expire. Better Day™ Health encodes Better Day™ Health’s Cookies so that Better Day™ Health can interpret the information stored in them. You are free to decline Better Day™ Health’s Cookies if your browser or browser add-on permits, but doing so may interfere with your use of Better Day™ Health’s Better Day™ Materials. Refer to the help section of your browser, browser extensions, or installed applications for instructions on blocking, deleting, or disabling Cookies.

 

5. HOW WE USE THE INFORMATION WE RECEIVE
Better Day™ Health will only use PHI in accordance with applicable law and the License Agreement, for purposes of Sections 5 and 6 of this Privacy Policy, the term “personal information” does not include PHI. Our primary purpose in collecting personal information is to provide you with a secure, smooth, efficient, and customized experience. Better Day™ Health may use your other personal information to:

5.1 Provide Better Day™ Health services and customer support;

5.2 Process transactions, including changes caused by you, your Caregiver(s) or Provider(s), and send notices about your transactions;

5.3 Resolve disputes, collect fees, and troubleshoot problems;

5.4 Comply with Law, or otherwise prevent potentially prohibited or illegal activities;

5.5 Enforce any Better Day™ Health Agreements;

5.6 Customize, measure, and improve Better Day™ Health services and the content, layout, and operation of Better Day™ Health’s Better Day™ Materials and applications;

5.7 Deliver targeted marketing, service update notices, and promotional offers based on your communication preferences;

5.8 Contact you at any telephone number, by placing a voice call or through text (SMS) or email messaging; and

5.9 Compare information for accuracy and verify it with third parties.

 

6. HOW WE SHARE PERSONAL INFORMATION WITH OTHER PARTIES
6.1 Better Day™ Health will not sell or rent any of your personal information to third parties for their marketing purposes and only shares your personal information with third parties as described in this Privacy Policy. Better Day™ Health will not share information Better Day™ Health receives about you with others unless Better Day™ Health has:

6.1.1 received your permission;

6.1.2 given you notice, such as by telling you about it in this Privacy Policy;

6.1.3 removed your name or any other personally identifying information from it; or

6.1.4 to satisfy Better Day™ Health’s obligations under Law, as Better Day™ Health, in its sole discretion, interprets such obligations.

6.2 Regardless, Better Day™ Health will not disclose your bank account number to anyone you have paid or who has paid you through Better Day™ Health, or with the third parties that offer or use Better Day™ Health services, except with your express permission or if Better Day™ Health is required to do so to comply with ACH transfer rules, a subpoena or other legal process, Law, or to enforce an Better Day™ Health Agreement, in each case as Better Day™ Health, in its sole discretion, interprets such obligations.

 

7. WITH WHOM WE SHARE PERSONAL INFORMATION
Better Day™ Health may share your personal information with:

7.1 Affiliates of Better Day™ Health to provide joint content, products and services (like registration, transactions and customer support), to help detect and prevent potentially illegal acts and violations of Better Day™ Health’s policies, and to guide decisions about their products, services and communications.

7.2 Service providers under contract who help with Better Day™ Health’s business operations such as fraud prevention, bill collection, marketing and technology services. Our contracts dictate that these service providers only use your information in connection with the services they perform for Better Day™ Health and not for their own benefit.

7.3 Any governmental authority.

7.4 The Seller/Purchaser counterparty in order to complete the Notice of Transfer.

7.5 Companies with which Better Day™ Health is considering a merger, acquisition, or sale of its equity or all or a portion of Better Day™ Health’s assets relevant to such information; provided that (a) Better Day™ Health provides such information pursuant to a non-disclosure or confidentiality agreement, and (b) should such a merger, acquisition, or sale occur, (i) the acquiring or combined entity shall continue to follow this Privacy Policy with respect to your personal information, or (ii) you are notified that your personal information will no longer be subject to Privacy Policy.

7.6 Law enforcement, government officials, or other third parties pursuant to a subpoena, court order, or other legal process or requirement applicable to Better Day™ Health or any of its affiliates. For the avoidance of doubt, Better Day™ Health may report any information Better Day™ Health collects to one or more governmental authorities to the extent Better Day™ Health, in its sole discretion deems such reporting necessary.

7.7 When Better Day™ Health needs to do so to comply with Law; or when Better Day™ Health believes, in Better Day™ Health’s sole discretion, that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of any Better Day™ Agreement.

 

8. HOW YOU CAN RESTRICT USE OF PERSONAL INFORMATION
Better Day™ Health maintains your preferences for use and sharing of information, including how Better Day™ Health can contact you. Law may allow you to restrict the sharing of your personal information in certain instances. Better Day™ Health does not share your personal information with third parties for their marketing purposes unless you have given your explicit consent.

 

9. DEACTIVATING YOUR ACCOUNT
If you want to stop using your account, you can deactivate your account. Better Day™ Health will mark your account in Better Day™ Health’s database as "Closed," or "Invalid," but will retain personal information from your account to collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, prevent fraud, enforce Better Day™ Health’s, or take other actions as required or permitted by Law or this Privacy Policy and other Better Day™ Health Agreements for up to a maximum of five (5) years after the deactivation of your account.