Privacy Policy

Updated August 12, 2024

ExaCare Inc. (“ExaCare”, “us”, “we”, or “our”), which operates the www.exacare.com website and the ExaCare application, is a corporation registered in the State of Delaware. Our address is 137 W 15^th Street, 1F, New York, NY, 10011.

This Privacy Policy states how we process your Personal Information and informs you of your privacy rights and how the law protects you. It sets out our policies regarding the collection, use and disclosure of personal information and the choices you have associated with that data.

We are responsible for your personal information. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact our data protection support team at: support@exacare.com

We use your data to provide and improve our service. By using the service and/or our website, you agree to the collection and use of information in accordance with this policy. 

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our service to you.

Types of Data Collected

Personal Information

As part of our service to you we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Information”). Personally identifiable information may include, but is not limited to:

• First name, last name and contact details such as phone number and email address
• your place of work and job title

How your data is collected

We use different methods to collect data from and about you including through:

• our day to day business dealings in providing our services to you;
• filling in forms or by corresponding with us by post, phone, email or otherwise;
• if you complete a survey or provide us with feedback;
• as you interact with our website, we may automatically collect data about your equipment, browsing actions and patterns. We collect this personal information by using cookies, server logs and other similar technologies. See our Usage Data and Cookies sections below;
• by using publicly accessible sources;
• via a third party such as your bank or building society or other financial institutions when you pay for our service;

Usage Data

We may also collect information that your browser sends whenever you visit our website or when you access the website by or through a mobile device (“Usage Data”).

This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you visit our website with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

Tracking & Cookies Data

We may use cookies and similar tracking technologies to track the activity on our website and we hold certain information. Cookies are files with a small amount of data which may include an anonymous unique identifier.

Cookies may be sent to your browser from a website and stored on your device. Other tracking technologies may also used such as beacons, tags and scripts to collect and track information and to improve and analyze our service.

Where we implement such tracking methods, you can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our website.

Use of Data

ExaCare uses the collected data for various purposes:

• To provide and maintain our service
• To notify you about changes to our service
• To manage payments, fees and charges
• To allow you to participate in interactive features of our service when you choose to do so
• To provide customer support
• To gather analysis or valuable information so that we can improve our service
• To monitor the usage of our service
• To detect, prevent and address technical issues
• To inform you of changes to this policy or out Terms of Service
• To make recommendations to you about goods or services which may be of interest to you.

Legal Basis for Processing Personal Information under the General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), ExaCare Inc.’s legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Information we collect and the specific context in which we collect it.

ExaCare Inc. may process your Personal Information because:

• We need to perform our services we have agreed to provide to you or are about to provide to you
• You have given us permission to do so
• The processing is in our legitimate interests and it is not overridden by your rights. This means our interest of providing our services to you to give you the best service and most secure experience. We will make sure that we consider and balance any impact on you and your rights before we process your data for our legitimate interests
• For payment processing purposes
• To comply with the law

We may process your personal information for more than one lawful ground depending on the specific purpose for which we are processing your data.

Generally, we do not rely on consent as a legal basis for processing your Personal Information other than sending marketing communications to you via email or text message. You have the right to withdraw from this marketing at any time by contacting us.

Retention of Data

ExaCare will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

ExaCare will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our service and/or website, or we are legally obligated to retain this data for longer periods.

Transfer of Data

Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

ExaCare will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

If you are located outside the United States and choose to provide information to us, please note that we may transfer the data, including Personal Information, to the United States and process it there.

 

 

Disclosure of Data

 

Disclosure for Law Enforcement

Under certain circumstances, ExaCare may be required to disclose your Personal Information if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Text Messaging Policy

Mobile information will not be shared with third parties/affiliates for marketing/promotional purposes. 

If you wish to be removed from receiving future communications, you can opt out by texting STOP or UNSUBSCRIBE. 

Legal Requirements

ExaCare may disclose your Personal Information in the good faith belief that such action is necessary to:

• To comply with a legal obligation
• To protect and defend the rights or property of ExaCare Inc.
• To prevent or investigate possible wrongdoing in connection with the or website or service
• To protect the personal safety of users of the service or the public
• To protect against legal liability

Disclosure to Service Providers

We may employ third party companies and individuals to facilitate our service (“Service Providers”), provide the service on our behalf, perform service-related services or assist us in analyzing how our service is used. Service Providers could include third parties which provide:

• payment services (see also “Payments” below)
• I.T. or marketing support
• Professional advice such as lawyers, attorneys, bankers, auditors, accountants and insurers
• Tax authorities.

Please see below for further information about some of our Service Providers. 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.

Security of Data

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Links to Other Sites

Our website and services may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third-party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Children’s Privacy

Our service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our website, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Your rights under California Consumer Privacy Act 2018 (“CCPA”)

If you are a resident of California, certain rights are conferred on you by CCPA. Terms defined in CCPA will take the same meaning in this section. A California resident has the following rights under CCPA, and here we detail how you can exercise those rights. Note that in most cases we are a ‘service provider’ under CCPA, and if that is the case for your personal information, you will need to contact the relevant ‘business’ under CCPA to exercise those rights.

• The Right to Know: you may request information from ExaCare about our collection and use of Personal Information in the preceding twelve-month period by emailing support@exacare.com. Much of the information you may be entitled to is included in this policy already. CCPA entitles you to information including: the categories and sources of Personal Information we collect about you; our business purpose for collecting that personal information; the categories of third parties with whom we share that personal information.
• The Right to Delete: CCPA entitles you to request deletion of certain personal information in some circumstances. To exercise this right, contact us as in the previous paragraph. 
• Right to Opt-Out of Sale: ExaCare does not sell Personal Information of people who interact with our technology. 
• Right to Non-Discrimination. ExaCare will not discriminate against any person for exercising their CCPA rights.

Your Data Protection Rights Under The General Data Protection Regulation (GDPR)

If your Personal Information is protected by the European Economic Area (EEA) applicable Data Protection Laws, you have certain data protection rights. ExaCare aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Information.  As above, in most cases ExaCare is a processor, and in order to exercise your rights you may be required to contact the controller.

If you wish to be informed about what Personal Information we hold about you and if you want it to be removed from our systems, please contact us at support@exacare.com

In certain circumstances, you have the following data protection rights:

• The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Information directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
• The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
• The right to object. You have the right to object to our processing of your Personal Information.
• The right of restriction. You have the right to request that we restrict the processing of your personal information.
• The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
• The right to withdraw consent. You also have the right to withdraw your consent at any time where ExaCare Inc. relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority in your country of residence.

Contact Us

If you have any questions about this Privacy Policy, please contact us by email at: support@exacare.com