Date of Last Revision: 2/16/2021
INFORMATION WE COLLECT
- Information We Collect From You
We collect names, dates of birth, postal addresses, email addresses, telephone numbers. We also collect information about your health information (including, without limitation, conditions, treatments, prescriptions, lab results, and physical and emotional characteristics), log-in username and passwords and other credentials (if you create an Account), billing information (such as shipping address, credit or debit card number, verification number, expiration date, and identity verification information collected by our payment processors on our behalf), information about your Ziven purchases, information about Ziven customer service and account maintenance interactions, user provided demographic information (including gender and age), and other information you choose to directly provide to us in connection with your use of the Platform.
We collect this information when you register for an Account, communicate with us via email, request customer support or technical assistance (including online chats) or otherwise provide us feedback, participate in research or surveys, or search on or use the Website or App.
Similar data may be submitted to Ziven through other means including membership applications, employer registrations, publication orders, and subscriptions. We may also collect certain personal data that you voluntarily provide to us by shopping in our store, such as your payment card information.
Additionally, for e-mails sent in HTML format, Ziven may collect specific data regarding what the recipient does with that e-mail. For those e-mails, Ziven may monitor whether a recipient subsequently clicks through to links provided in the message. Other data collected through this feature may include, without limitation: the user’s e-mail address, the date and time of the user's “click,” a message number, name of the list from which the message was sent, tracking URL number and destination page. This data will only be used by Ziven to better its products and distribution of those products.
- Information We Collect In Other Ways
- When you use our Website, Ziven may utilize automated data collection technologies to collect information about your equipment and browsing activities, including, without limitation:
Details and information regarding your visits to our Website, including, but not limited to:
- Geolocation data, such as precise or approximate location determined from your IP address or mobile device’s GPS depending on your device settings. We will ask your permission before collecting your precise GPS location information. If permission is granted, we may use your precise geo-location information to customize your services, content, promotional offers and other information. You may disable the location features on your device at any time.
- We may also collect this information when you’re not using the App if you enable this feature through device permissions or settings.
- Log data and device information, such as details about how you’ve used the Platform (including if you clicked on links to third party applications), IP address, access dates and times, hardware and software information and attributes, device information, device event information, unique identifiers, crash data, and cookie data. We may also collect information such as operating system, browser and platform types, clickstream patterns, downloaded files, “click” data, domain names, search terms used by you, the URL of the most recent website you visited before or after using the Platform, the amount of time you spent on our Website and the pages you viewed while on our Website and other similar information.
- We also may use technologies to collect information about your online activities over time and across third-party websites or other online services. For more information on how to opt-out of third-party advertiser tracking mechanisms, please see the “Digital Advertising & Analytics” section below.
- Payment Transaction Information, such as payment method or instrument used, date and time, payment amount, payment method/instrument expiration date or security code and billing post address and zip code, PayPal email address, your address and other related transaction details.
- The information we collect automatically is statistical data and may 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 our Website, including, but not limited to, by enabling us to: estimate our visitor usage patterns, store your preference information, customize and improve our Platform, enhance your searches and recognize you when you return to our Website.
- When you use our App, if any, we automatically receive certain information about the mobile phone, tablet, or computer used to access the App. This information may include, without limitation, your mobile device identifier, IP address, operating system, Internet service provider, browser type, domain name and other similar information, updates to the App, if any, dates and times of use, and other information that identifies how you use the App, including time spent in different portions of the App.
- When you use the Platform, we and our service providers may automatically collect general location information (e.g., IP address, city/state and or postal code associated with an IP address) from your computer or mobile device to allow us to enable access to content that varies based on a user’s general location (i.e., to collect sales tax and to provide content customized by location).
We collect the information set forth in this section by using web server logs, cookies, tags, SDKs, tracking pixels, web beacons or clear GIFs, and other tracking technologies.
We may adopt additional technologies to gather information through other methods.
Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. By blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Platform.
III. Information Collected from Social Media
When you use Facebook, Instagram, Twitter, or other social media sites, and “like” or “follow” us, we may collect information including your name, email address, and any comments or content you post that relates or is relevant to us. We also collect your information if you submit information to us through social media sites.
- Information From Other Sources
We may work with third parties (including, for example, third party intermediaries, such as the physicians, nurses, PAs and other medical professionals and pharmacies with whom we may partner to provide you with use of the Platform and/or their health care services, advertising networks, analytics providers, and search information providers). Such third parties may sometimes provide us with additional information about you.
HOW WE USE YOUR INFORMATION
- We use your personal information to:
- enable you to access the Platform and make and receive payments
- analyze the effectiveness of our Platform and improve our Platform. If we publish or provide the results of this research to others, such research will be presented in an anonymous and aggregate form so that your individual information or identity cannot be disclosed.
- perform analytics, debug and conduct research
- provide customer service, technical support and to communicate with you about the Platform, your use of the Platform, or your inquiries related to the Platform and send you communications on behalf of physicians or other health care providers utilizing the Platform send you messages, updates, security alerts, and account notifications,
- personalize and customize your experience based on your interactions with the Platform, your profile information and preferences, and other content you submit
- run, improve, and manage the Platform and, as necessary or applicable, provide for the provision of health care services to you by third party physicians, health care providers, laboratories and pharmacies to ensure they have the services and support necessary for health care operations
- administer your account, including processing your payments and fulfilling your orders.
- analyze whether the Platform presents content in an effective manner and as part of our efforts to keep our Platform secure and safe
- analyze the effectiveness of advertising and content of the Platform so that we can customize both to suit you.
- help us better understand your needs, such as by engaging in analysis and research regarding use of the Platform.
- strive to comply in good faith with any laws and regulations which may apply
- assert or defend our legal rights where it is necessary.
III. We may aggregate and/or de-identify any information collected through the Platform so that such information can no longer be linked to you or your device We may use this for any lawful purpose whatsoever and may share such data with any third parties, including advertisers, partners, and sponsors.
ONLINE ANALYTICS AND ADVERTISING
- Online Analytics
We may use third-party web analytics services (including, without limitation, Google Analytics) on our Platform to collect and analyze usage information through cookies and similar tools; engage in research or reporting; assist with fraud prevention; try to better tailor services and features; and provide certain features to you.
If we send you an email, we may use certain analytics tools to capture data such as when you open our email message or click on any links or banners contained in our email. This data allows us to gauge the effectiveness of our communications and marketing campaigns.
- Online Advertising
We sometimes provide our customer information to service providers, who may match this information in de-identified form to cookies and other proprietary IDs, in order to provide you with more relevant ads when you visit other websites and mobile applications.
III. Mobile Advertising
When using our App or other mobile applications, you may also receive tailored in-application advertisements. We may use third-party service providers to deliver advertisements on our App of for mobile application analytics.
SHARING AND DISCLOSURE OF INFORMATION
We may share your information for our legitimate and lawful business purposes with the following:
- We may share information we collect within any Ziven affiliates to deliver products and services to you and to enhance our products, services, and your customer service to you
- We may share your information with health care providers, pharmacies and testing laboratories: (i) to facilitate the provision of health care services as part of the Platform, (ii) to whom you send messages through our Platform, and (iii) for other treatment, payment or health care operations purposes, including pharmacy services, upon your request.
- We may provide access to or share your information with select third parties who use the information to perform services on our behalf, including, without limitation, analytics, research, customer service, billing, payment processing, shipping and fulfillment, data storage, IT and security, fraud prevention, and legal services. These entities may also include health care organizations, pharmacies, testing laboratories and other third parties we use to support our business or in connection with the administration and support of the Platform.
- We may buy, merge, or partner with other companies. In such transactions, (including in contemplation of such transactions) user information may be among the transferred assets. If a portion or all of our assets are sold or transferred to a third-party, customer information (including your email address) might be one of the transferred business assets. If such transfer is subject to additional mandatory restrictions under applicable laws, we will comply with such restrictions.
- Consent. We may also disclose your information in other ways you direct us to and when we have your consent.
- We reserve the right to create and you consent to the creation of aggregate and de-identified data from the information we collect through the Platform and our sharing of such data is within our sole discretion.
THIRD PARTY SERVICES AND NOTICE ABOUT HEALTH INFORMATION
SECURITY OF INFORMATION COLLECTED
Ziven uses account information in a password-protected environment as a security measure to protect your data. We maintain a high level of data protection via safeguards such as data backup, audit controls, access controls, and data encryption. Ziven also uses SSL/TLS encryption to enhance security of electronic data transmissions. Ziven will maintain all applicable HIPAA and other regulatory requirements to the extent that it has access to, or otherwise stores, processes or transmits medical information.
In addition, Ziven urges you to take precautionary measures in maintaining the integrity of your data. Please be responsible for making sure no one can see or access your account and log-in/password information. If you use our Services through a potentially non-secure internet connection, such use is at your own risk. It is your responsibility to check beforehand on your employer’s or such other site’s privacy and security policy with respect to Internet use.
No method of transmission over the internet, and no means of electronic or physical storage, is absolutely secure. As such, you acknowledge and accept that we cannot guarantee the security of your information transmitted to, through, or on our Platform or via the internet and that any such transmission is at your own risk. Ziven is not responsible for your handling, sharing, re-sharing and/or distribution of your personal identifying information or your protected health information. Moreover, if you forward your personal identifying information or your protected health information electronically to another person on or off the Platform, we are not responsible for any harm or other consequences from third party use or re-sharing of your information.
To the extant Ziven works with healthcare providers that are covered entities under the federal healthcare privacy and security rules, the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act, Ziven maintains protected health information in compliance with these rules and our contractual obligations with healthcare providers.
PRIVACY INFORMATION FOR CALIFORNIA RESIDENTS
- Categories of personal information collected and disclosed to third parties for business purposes
The following list is set forth to help you understand more about the categories of personal information we collect that are subject to the CCPA and the third parties to which we disclose it:
- Personal identifiers such as your name, address, phone numbers, or IP address to service providers, affiliates and healthcare providers and fraud prevention for the purpose of providing the Services
- Personal payment and financial information, such as a credit card number to service providers, affiliates and healthcare providers and fraud prevention for the purpose of providing the Services
- Your age, gender, or other demographic protected classifications to service providers, affiliates and healthcare providers and fraud prevention for the purpose of providing the Services
- Commercial and transactional information, such as the details of a product or service you purchased from a third party, to service providers, affiliates and healthcare providers and fraud prevention for the purpose of providing the Services
- Internet or other electronic network activity information to service providers, affiliates and healthcare providers and fraud prevention for the purpose of providing the Services
- Geolocation data to service providers, affiliates and healthcare providers and fraud prevention for the purpose of providing the Services
- Customer service data to service providers, affiliates and healthcare providers and fraud prevention for the purpose of providing the Services
- Your California Privacy Rights Disclosure
If you are a California resident, the CCPA allows you to make the following requests to us about your personal information
- Inform you about the categories of personal information we collect or disclose about you
- Inform you about the categories of sources of such information
- Inform you about the business or commercial purpose for collecting your personal information
- Inform you about the categories of third parties with whom we share/disclose personal information.
- Provide access to and/or a copy of certain information we hold about you.
- Delete certain information we have about you.
The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights.
Please note that certain information may be exempt from such requests under California law. We also will take reasonable steps to verify your identity before responding to a request.
If you are a California resident and you would like to exercise any of your data rights under California law, please write us at please contact us at 101 S. Topanga Blvd #517, Topanga, CA 90290-9998. Please include your full name, email address and residential address associated with your use of our Platform, along with the rights you would like to exercise, so that we can process your request in an efficient manner. If you would like to receive a copy of your medical record in connection with your request, please indicate that in your email message. By requesting your medical record in this way, you are agreeing to receive your medical record in an unencrypted email message.
III. Sale of Personal Information.
Ziven does not, and will not, sell information that identifies you such as your name, email address, phone number, or postal address.
- Shine the Light Disclosure.
The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.
PRIVACY INFORMATION FOR NEVADA RESIDENTS
Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration (as such terms are defined under Nevada law) to a person for that person to license or sell such information to additional persons. We do not engage in such activity; however, if you are a Nevada resident who has purchased services from us, you may submit a request to opt out of any potential future sales under Nevada law by writing us at please contact us at 101 S. Topanga Blvd #517, Topanga, CA 90290-9998. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.
RETENTION OF YOUR INFORMATION
We keep your information for no longer than 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/or as required to comply with applicable laws.
NOTICE OF PRIVACY PRACTICES OF HEALTH INFORMATION
This Notice of Privacy Practices describes how we may use and disclose your protected health information to carry out the Services, payment for the Services and for other purposes that are permitted or required by law. It also describes your rights to access and control your protected health information.
“Protected health information” is information about you, including demographic information, that may identify you and that relates to your past, present or future physical or mental health or condition and related health care services.
We are required to abide by the terms of this Notice of Privacy Practices. We may change the terms of our notice, at any time. The new notice will be effective for all protected health information that we maintain at that time. Upon your request, we will provide you with any revised Notice of Privacy Practices. You may request a revised version by accessing our Site or by asking for one by mailing us at 101 S. Topanga Blvd #517, Topanga, CA 90290-9998.
- USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION
Your protected health information may be used and disclosed by us, our staff, our affiliates or our partners in the provision of the Services. Your protected health information may also be used and disclosed to pay for Services.
The following are examples of the types of uses and disclosures of your protected health information that we are permitted to make. These examples are not meant to be exhaustive, but to describe the types of uses and disclosures that may be made by our office.
Services: We will use and disclose your protected health information to provide, coordinate, or manage the Services. This may include the coordination or management of the Services with another service provider. We may also disclose protected health information to physicians who may be treating you. In addition, we may disclose your protected health information from time-to-time to physician or health care provider (e.g., a specialist or laboratory) who becomes involved in your care.
Payment: Your protected health information will be used and disclosed, as needed, to obtain payment for the Services provided by us or by another provider. This may include certain activities that your health insurance plan may undertake before it approves or pays for the Services such as: making a determination of eligibility or coverage for insurance benefits, reviewing services provided to you for medical necessity, and undertaking utilization review activities. For example, obtaining approval for a prescription or medical service may require that your relevant protected health information be disclosed to the health insurance plan to obtain approval.
Health Care Operations: We may use or disclose, as needed, your protected health information in order to support our business activities. These activities include, but are not limited to, quality assessment activities, employee review activities, training, licensing, fundraising activities, and conducting or arranging for other business activities. We will share your protected health information with third parties that perform various activities for us.
We may use or disclose your protected health information, as necessary, to provide you with information about health related benefits and services that may be of interest to you. You may contact us to request that these materials not be sent to you.
We may use or disclose your demographic information and the dates that you received Services, as necessary, in order to contact you for fundraising activities supported by us. If you do not want to receive these materials, please contact us and request that these fundraising materials not be sent to you.
Other Permitted and Required Uses and Disclosures That May Be Made Without Your Authorization or Opportunity to Agree or Object
We may use or disclose your protected health information in the following situations without your authorization or providing you the opportunity to agree or object. These situations include:
Required By Law: We may use or disclose your protected health information to the extent that the use or disclosure is required by law. The use or disclosure will be made in compliance with the law and will be limited to the relevant requirements of the law. You will be notified, if required by law, of any such uses or disclosures.
Public Health: We may disclose your protected health information for public health activities and purposes to a public health authority that is permitted by law to collect or receive the information. For example, a disclosure may be made for the purpose of preventing or controlling disease, injury or disability.
Communicable Diseases: We may disclose your protected health information, if authorized by law, to a person who may have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading the disease or condition.
Health Oversight: We may disclose protected health information to a health oversight agency for activities authorized by law, such as audits, investigations, and inspections. Oversight agencies seeking this information include government agencies that oversee the health care system, government benefit programs, other government regulatory programs and civil rights laws.
Abuse or Neglect: We may disclose your protected health information to a public health authority that is authorized by law to receive reports of child abuse or neglect. In addition, we may disclose your protected health information if we believe that you have been a victim of abuse, neglect or domestic violence to the governmental entity or agency authorized to receive such information. In this case, the disclosure will be made consistent with the requirements of applicable federal and state laws.
Food and Drug Administration: We may disclose your protected health information to a person or company required by the Food and Drug Administration for the purpose of quality, safety, or effectiveness of FDA-regulated products or activities including, to report adverse events, product defects or problems, biologic product deviations, to track products; to enable product recalls; to make repairs or replacements, or to conduct post marketing surveillance, as
Legal Proceedings: We may disclose protected health information in the course of any judicial or administrative proceeding, in response to an order of a court or administrative tribunal (to the extent such disclosure is expressly authorized), or in certain conditions in response to a subpoena, discovery request or other lawful process.
Law Enforcement: We may disclose protected health information, so long as applicable legal requirements are met, for law enforcement purposes. These law enforcement purposes include (1) legal processes and otherwise required by law, (2) limited information requests for identification and location purposes, (3) pertaining to victims of a crime, (4) suspicion that death has occurred as a result of criminal conduct, (5) in the event that a crime occurs on the premises of our practice, and (6) medical emergency (not on our premises) and it is likely that a crime has occurred.
Research: We may disclose your protected health information to researchers when their research has been approved by an institutional review board that has reviewed the research proposal and established protocols to ensure the privacy of your protected health information.
Criminal Activity: Consistent with applicable federal and state laws, we may disclose your protected health information, if we believe that the use or disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public. We may also disclose protected health information if it is necessary for law enforcement authorities to identify or apprehend an individual.
Military Activity and National Security: When the appropriate conditions apply, we may use or disclose protected health information of individuals who are Armed Forces personnel (1) for activities deemed necessary by appropriate military command authorities; (2) for the purpose of a determination by the Department of Veterans Affairs of your eligibility for benefits, or (3) to foreign military authority if you are a member of that foreign military services. We may also disclose your protected health information to authorized federal officials for conducting national security and intelligence activities, including for the provision of protective services to the President or others legally authorized.
Workers’ Compensation: We may disclose your protected health information as authorized to comply with workers’ compensation laws and other similar legally-established programs.
Inmates: We may use or disclose your protected health information if you are an inmate of a correctional facility and we created or received your protected health information in the course of providing care to you.
Uses and Disclosures of Protected Health Information Based upon Your Written Authorization.
Other uses and disclosures of your protected health information will be made only with your written authorization, unless otherwise permitted or required by law as described below. You may revoke this authorization in writing at any time. If you revoke your authorization, we will no longer use or disclose your protected health information for the reasons covered by your written authorization. Please understand that we are unable to take back any disclosures already made with your authorization.
Other Permitted and Required Uses and Disclosures That Require Providing You the Opportunity to Agree or Object.
We may use and disclose your protected health information in the following instance. You have the opportunity to agree or object to the use or disclosure of all or part of your protected health information. If you are not present or able to agree or object to the use or disclosure of the protected health information, then we may determine whether the disclosure is in your best interest.
Others Involved in Your Health Care or Payment for your Care: Unless you object, we may disclose to a member of your family, a relative, a close friend or any other person you identify, your protected health information that directly relates to that person’s involvement in your health or wellness care. If you are unable to agree or object to such a disclosure, we may disclose such information as necessary if we determine that it is in your best interest based on our professional judgment. We may use or disclose protected health information to notify or assist in notifying a family member, personal representative or any other person that is responsible for your care of your location, general condition or death. Finally, we may use or disclose your protected health information to an authorized public or private entity to assist in disaster relief efforts and to coordinate uses and disclosures to family or other individuals involved in your health care.
- YOUR RIGHTS
Following is a statement of your rights with respect to your protected health information and a brief description of how you may exercise these rights.
You have the right to inspect and copy your protected health information. This means you may inspect and obtain a copy of protected health information about you for so long as we maintain the protected health information. You may obtain your medical records that contain medical and billing records and any other records that we use for the Services. As permitted by federal or state law, we may charge you a reasonable copy fee for a copy of your records. Under federal law, however, you may not inspect or copy the following records: psychotherapy notes; information compiled in reasonable anticipation of, or use in, a civil, criminal, or administrative action or proceeding; and laboratory results that are subject to law that prohibits access to protected health information. Depending on the circumstances, a decision to deny access may be reviewable. In some circumstances, you may have a right to have this decision reviewed. Please contact us if you have questions about access to your medical record.
You have the right to request a restriction of your protected health information. This means you may ask us not to use or disclose any part of your protected health information for the purposes of the Services, payment or other operations. You may also request that any part of your protected health information not be disclosed to family members or friends who may be involved in your care or for notification purposes as described in this Notice of Privacy Practices. Your request must state the specific restriction requested and to whom you want the restriction to apply. We are not required to agree to a restriction that you may request. If we do agree to the requested restriction, we may not use or disclose your protected health information in violation of that restriction unless it is needed to provide emergency treatment. With this in mind, please discuss any restriction you wish to request with your primary care physician. You may request a restriction by specifying the restrictions in writing by specifying the restriction(s), signing and dating.
You have the right to request to receive confidential communications from us by alternative means or at an alternative location. We will accommodate reasonable requests. We may also condition this accommodation by asking you for information as to how payment will be handled or specification of an alternative address or other method of contact. We will not request an explanation from you as to the basis for the request. Please make this request in writing to us at the address listed below.
You may have the right to have us amend your protected health information. This means you may request an amendment of protected health information about you in a designated record set for so long as we maintain this information. In certain cases, we may deny your request for an amendment. If we deny your request for amendment, you have the right to file a statement of disagreement with us and we may prepare a rebuttal to your statement and will provide you with a copy of any such rebuttal. Please contact us if you have questions about amending your medical record.
You have the right to receive an accounting of certain disclosures we have made, if any, of your protected health information. This right applies to disclosures for purposes other than the Services as described in this Notice of Privacy Practices. It excludes disclosures we may have made to you if you authorized us to make the disclosure, to family members or friends involved in your care, or for notification purposes, for national security or intelligence, to law enforcement (as provided in the privacy rule) or correctional facilities, as part of a limited data set disclosure.
You have the right to receive specific information regarding these disclosures that occur after publication. The right to receive this information is subject to certain exceptions, restrictions and limitations. You have the right to obtain a paper copy of this notice from us, upon request, even if you have agreed to accept this notice electronically.
You may complain to us or to the Secretary of Health and Human Services if you believe your privacy rights have been violated by us. You may file a complaint with us by notifying us of your complaint. We will not retaliate against you for filing a complaint.
You may contact us for further information about the complaint process.