POLÍTICAS DE PRIVACIDAD

Introduction

Gherry Inc., a Delaware corporation, its subsidiaries (including Gherry Operations Inc.), parents, affiliates, successors and assigns (“Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.

This “Privacy Policy” describes the types of information we may collect from you or that you may provide when you visit our website, accessible at www.gherry.com, or our applications for the iOS and Android operating systems, and any other platform through which you may access the Gherry Services, including progressive web applications (PWA) and software as a service applications (SaaS) (collectively, the “Platform”) and our practices for collecting, using, maintaining, protecting, and disclosing that information. 

This policy applies to information we collect:

• On the Platform.
• In email, text, and other electronic messages between you and the Platform.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Platform. By accessing or using the Platform, you agree to this Privacy Policy. This Privacy Policy may change from time to time. Your continued use of the Platform after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. Capitalized terms used but not otherwise defined herein shall have the meaning ascribed to such term in our Terms of Use, accessible at https://www.gherry.com/legal/terms-of-use/.

Minors Under the Age of 18

Our Platform is not intended for minors under 18 years of age. No one under age 18 may provide any  information to or on the Platform. We do not knowingly collect personal information from minors under 18. If you are under 18, do not use or provide any information on this Platform or through any of its features, register on the Platform, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a minor under 18 without verification of parental consent, we will delete that information.

If you have created a Profile  for a minor under the age of 18, you represent and warrant to us that you are the parent or legal guardian for that minor with a right to provide us the personal information of that minor.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Platform, including information:

• By which you or another Care Recipient may be personally identified, such as name, postal address, e-mail address, telephone number, medication information, gender, date of birth, personal contacts, photographs and files, notes on your symptoms and other journal information, medical treatment instructions, medical appointments, insurance information, your doctor’s address and contact information, advance directives, and prescription refill information. In the event you set up a Profile that relates to someone other than yourself, you are solely responsible for ensuring that you have any and all consents and permissions to share that personal information with us and to use that information as part of the Gherry Services (“personal information”).
• Regarding a Caregiver: As contemplated by the Gherry Terms of Use, to access a Profile that you create. If you elect to invite any third party to access a Profile connected to your Account, we will ask you for such third party’s name and email address. We will send the third party emails inviting him or her to register for the Gherry Services. 
• About your internet connection, the equipment you use to access our Platform, and usage details.

We collect this information:

• Directly from you when you provide it to us voluntarily by way of user registration, payment for services, and/or user’s input of medical information on the Platform.
• 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 standard tracking technologies.

Information You Provide to Us  

The information we collect on or through our Platform may include:

• Information that you provide by filling in forms on our Platform. This includes information provided at the time of registering to use our Platform, or providing medical or related information in the course of use of the Gherry Services. 
• Records and copies of your correspondence (including email addresses), if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Your search queries on the Platform.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Platform, or transmitted to other users of the Platform or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages/you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Platform with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies  

As you navigate through and interact with our Platform, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Platform, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Platform.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). 

The information we collect automatically is only statistical data and 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 our Platform and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Platform according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Platform.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer or other electronic device. You may refuse to accept browser cookies by activating the appropriate setting on your browser. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Platform. 
• Flash Cookies. Certain features of our Platform may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Platform. Flash cookies may not be managed by the same browser settings as are used for browser cookies. 
• Web Beacons. Pages of our the Platform and our e-mails 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 Platform statistics (for example, recording the popularity of certain Platform 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.

Do Not Track Notice

Some browsers used to access the internet may give you the option through “Do Not Track” settings associated with such browsers to request that a website operator not track your information across its website or other websites. We engage in such tracking in order to optimize and/or customize our services, detect and respond to allegations of fraud, and to otherwise ensure the safety of our Members and Platform users. While we do not currently honor such browser requests, we will not use your information in a manner that violates this Privacy Policy.

Social Media Features and Widgets

Our Platform may include social media features and widgets, such as the Facebook “Like” button and the Facebook “Share” button. These features may collect your IP address, the URL of the page you are visiting on our Platform, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Platform. Your interactions with these features are governed by the privacy policy of the company providing it.

How We Use Your Information

• We do not sell your personal information.
• We will use any personal information in your Account as well as information in your Profile to provide the Gherry Services, complete your transactions, administer your inquiries, and present you with offers for products and services that we think may be of use or interest to you. We may contact you in various ways including but not limited to, via email, Inbox in the app, telephone, cell phone, and SMS/text messages. You have a choice at any time to stop us from sending you emails for marketing purposes by adjusting your settings in your account settings. You may also have the option to opt out of receiving certain other emails from Gherry, such as certain educational emails, by adjusting your settings in your account settings. Go to your account settings for a complete list of the email types you may opt out of receiving. You can also opt out of commercial email messages by following the “unsubscribe” link included in these messages. Please note that despite any indicated email marketing preferences, we may continue to send you administrative emails regarding the Platform, including, for example, notices of updates to our Privacy Policy.
• We have a team of Gherry Advisors to facilitate use of the Platform. Gherry Advisors may use your name, address, email, phone number, gender and birthdate (“Contact Information”), insurance information and iOS or Android application usage data to contact you about various healthcare related products and service such as healthcare providers, pharmacy services and insurance.
• We may aggregate and combine all Personal Information that we receive through your Member Accounts and your Profiles with the information of other Members and Profiles. We use this anonymous information to attempt to provide you with a better experience, to improve the quality and value of our services and to analyze and understand how our Platform, Site, and services are used.

Disclosure of Your Information

• Caregivers. In the event that a Caregiver registers for access to the Gherry Services pursuant to an invitation issued by your Account, we will provide them with access to certain Profiles related to such Account. We cannot control how any Caregiver may use or disclose or otherwise exploit any Personal Information or other Profile Content that you may elect to make available. You expressly release Gherry from any responsibility and liability resulting from any third-party access to any Personal Information or Profile Content that you may permit. Any information you choose to provide and make available to third parties via the Gherry Services should reflect how much you want others to know about you and the individual(s) whose information is in your Profile.
• Other Third Parties. If you elect to use or otherwise take advantage of some of the other third party services that we may provide and make available to you, we will share certain of your information with such third party and will disclose to you at the time what information would be necessary to share with such third party.
• Aggregate Information and Non-Identifying Information. We may share aggregated information that does not include Personal Information and we may otherwise disclose non-Personal Information with third parties for industry analysis, demographic profiling and other purposes.
• Service Providers. We will disclose Personal Information to the third-party service providers that we engage to assist us in making the Platform and the Gherry Services available. These service providers consist of our datacenter provider, storage provider, customer support system provider, email service providers, and software development contractors. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
• Compliance with Laws and Law Enforcement. While Gherry maintains information regarding your health on your behalf, Gherry is not a covered entity under the Health Insurance Portability and Accountability Act (HIPAA). However, we take the protection of your private health information very seriously. In the event that we receive any subpoena or similar request from a court, government or law enforcement official, we will only disclose any personal information about you or other information in our custody or control as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Gherry or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity. Given the sensitivity of the Personal Information within your Profiles, it is our policy to carefully review any such request for information in our systems and we will decline to comply with any such request in our discretion.
• Business Transfers. Gherry may sell, transfer or otherwise share some or all of its assets, including your Personal Information and related Account, Profiles and Profile Content, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Platform and visiting your account profile page.

You may also send us an email at [support@gherry.com] to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. 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.

If you delete your user contributions from the Platform, copies of your user contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Platform users. Proper access and use of information provided on the Platform is governed by our Terms of Use.

Notwithstanding the foregoing, we may store user information that is not personally identifiable even after we have deleted a user’s personal information and may store personally identifiable information for billing purposes. 

Data Security

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 our secure servers behind firewalls. 

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. 

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 our Platform. 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 Platform.

Your California Privacy Rights

California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. As discussed in this Privacy Policy, we do not share your information with third parties for their own direct marketing purposes. We may use third-party communications facilitators working on behalf of us to send you marketing communications from third party advertisers that we think may be of interest to you. If you want to opt out of our sharing your information for these purposes, please visit your account settings.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: support@gherry.com.

Last Updated: September 29, 2020