Privacy Policy

1. Introduction

This Privacy Policy (“Privacy Policy” or “Policy”) describes how BedMatch Pro, LLC, and its affiliates (“BedMatch,” “we,” “us,” or “our”) collects, protects, and uses your (“User,” “you,” or “your”) Personal Information, including with whom and for what purposes we may share your information, and how we may collect it. This Privacy Policy applies to our website https://bedmatch.health/ (“Website”) and any of our mobile widgets, services, or other applications (together, our “Services”). This Policy is incorporated into our Terms of Use, and capitalized terms that are not defined in this Policy have the definitions given in the Terms of Use.

This Policy also describes the choices available to you regarding our use of your Personal Information and how you can access and update your information. This Privacy Policy applies regardless of whether you use our Services via a computer, mobile device, or other platform (collectively, your “Equipment”).

This Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ, engage, or manage. These other third parties may have their own privacy policies, which we encourage you to read before providing information to them.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will handle it. If you do not agree with our policies and practices, please do not use our Services. By accessing or using our Services, you agree to this Policy. This Policy may change from time to time (see Changes and Amendments, below). Your continued use of our Services after we revise this Policy means you accept any changes, so please review the Policy periodically for updates.

Our Services are hosted in and directed at individuals in the United States. If you are located outside of the United States, you should not access or use our Services and should not share your Personal Information with us. If you are located outside of the United States and believe you have shared your Personal Information with us, please inform us as soon as possible.

2. Information We May Collect

When you use our Services, we may collect information which can be used to personally identify you (“Personal Information”). You may choose not to provide us with your Personal Information. If you choose to not provide us with your Personal Information, you may not be able to use some or all of the features of the Services. If you are uncertain about what information is mandatory to provide to us to use our Services, you may contact us at: [email protected].

We may collect the following Personal Information from and about Users of our Services:

• Identity Information: Examples include first name, last name, marital status, title, date of birth and gender.
• Contact Information: Examples include billing address, shipping address, email address and telephone numbers.
• Account Information: Such as your username and other associated identifiers used to create an Account with us.
• Communication Information: Such as records and copies of your correspondence with us (including email address).
• Technical Information: Such as information which identifies the Equipment you use to access the Services, including your IP address, MAC address, or other similar identifiers; the web browser you use to access our Services; your internet service provider (ISP); the number of times and times at which you visit the Website; the website you visit immediately prior to visiting our Services; any search queries you make while using our Services; your Equipment’s operating system.
• Profile Information: Examples include your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Consumer Health Data: Such as information about your Medicaid eligibility/status, mental or physical health conditions or diagnoses, your ability to perform daily activities, the level of monitoring or supervision you require, any specialized physical care needs (such as oxygen support, insulin injections, or colostomy care), and your lifestyle or wellness activity preferences.
• Usage Information: Examples include information about how you use our Websites and Services.
• Marketing and Communications Information: Examples include your preferences in receiving marketing from us and our third parties and your communication preferences.
• Demographic Information and Preferences: Examples include personal characteristics and preferences, such as your age, and professional information.
• User Content: Examples include messages, information, reviews, and feedback that you provide to us on or through our Websites or on our social media channels. If you choose to provide User Content, it may be made available to other users of the Services or residence providers, on public areas of our Websites, or on or through our social media channels.
• Sensitive Personal Information: Some of the information identified above, including Consumer Health Data and protected classifications, may be considered sensitive data under certain laws. If required under applicable law, we will collect and process sensitive Personal Information only with your consent. If you choose not to provide or allow us to collect some sensitive Personal Information, we may not be able to provide you with requested features, services, or information.

Note, we may sell or share Sensitive Personal Information. We only share (as defined by law) Sensitive Personal Information as described in this Policy.

3. How We Collect Information

We may collect Personal Information in the following ways:

• When you provide it to us directly. You may give us information about you by filling in forms or by communicating with us by email or otherwise. This includes information you provide when you register for an account, subscribe to one of our newsletters or other communications, enroll in our loyalty program, place an order, participate in one of our events, write a review, or when you otherwise contact us about our Website or other products or Services.
• Automatically from our Websites, Services, and emails. As you interact with our Websites or use our Services, we may automatically collect Technical Information about your equipment, browsing actions and patterns. We collect this information by using cookies, server logs, web beacons, and other similar technologies. Our cookies and automatic data collection technologies section contains more information and options to control or opt-out of certain data collection or uses.
• From third parties. We may receive information about you from third parties including, for example, our affiliated companies, business partners, subcontractors, analytics providers, and service providers. We may also receive information about you from commercially available sources such as data aggregators and public databases.

4. Cookies and Other Automatic Data Collection Technologies

We may automatically receive and store certain types of Personal Information whenever you interact with our Services. For example, we use “cookies,” “web beacons,” (also called “clear gifs” or “pixel tags”) and “embedded scripts” to obtain certain information when you use or access our Services. We use information collected from these technologies to:

• Estimate our audience size and usage patterns.
• Store your preferences so we may customize our Services according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Services.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services. For more information, see Interest-Based Advertising below.

Cookies are small files that we transfer to your Equipment’s hard drive or your web browser memory to enable our systems to recognize your browser and to provide convenience and other features to you. We use cookies to provide additional features or functionality to your experience when you use our Services, such as storing your preferences and other information about you when you use the Services. You may block or limit the storage of cookies via browser controls or other software. You may also delete cookies manually from your Equipment through your internet browser, operating system, or other programs. Please note that some portions of our Services may not function properly or be available if you block or delete certain cookies.

Web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) are tiny graphics with a unique identifier, similar in function to cookies, and may be used to track the online movements of Users, when an email has been opened, to count Website page visitors, or to compile other similar statistics such as recording Platform Content popularity or verifying system and server integrity.

5. How We May Use Your Information

We may use information we collect which does not qualify as Personal Information or which is de-identified information in any manner consistent with applicable law. We may use Personal Information for the following purposes:

• To fulfill our legal obligations which require compliance with applicable law.
• To provide you with the Services you have requested, including to use the Website, operate automated matching systems between users and providers, and create and maintain User Accounts.
• To fulfill our legitimate interests, such as for the security of the Services or quality and safety maintenance purposes.
• To manage our relationship with you, which may include notifying you about changes to our Services, Terms of Use, or Privacy Policy; providing you notices about your Account; asking you to provide feedback or take a survey; or addressing any questions you may have about our Services.
• To improve our Services.
• To deliver relevant content, advertisements, and messaging to you and to measure or understand the effectiveness of such content, advertisements, and messaging.
• To respond to your requests from us or to fulfill any other purpose for which you provide it.
• To use data analytics to improve our Services, marketing, customer relationships, and experiences.
• To contact you about our own and third parties’ goods or services that may be of interest to you.
• To carry out our obligations and enforce our rights.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent, as permitted by applicable law.

6. Disclosure of Your Information

We may disclose de-identified information and information that does not identify any individual or Equipment without restriction. In addition, we may disclose Personal Information as follows:

• To our subsidiaries and affiliates;
• 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 use it only for the purposes for which we disclose it to them;
• 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 BedMatch’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by BedMatch about our Users is among the assets transferred;
• If you submit a care request through the Services to residence providers and opt-in to the sharing of your information with such providers;
• To third parties to market their products or services to you, as permitted by law. We contractually require these third parties to keep Personal Information confidential and use it only for the purposes for which we disclose it to them. For more information, see Your Rights and Choices, below;
• To fulfill the purpose for which you provide it;
• For any other purpose disclosed by us when you provide the information;
• With your consent, as permitted by applicable law;
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
• To enforce our rights arising from any contracts between you and us, including the terms of sale (if any) and for billing and collection purposes; or
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of BedMatch, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

We also use Google Analytics to analyze use of our Services. For more information about how Google uses information from sites or apps that use its services, please visit How Google uses information from sites or apps that use its services – Privacy & Terms – Google.

Note that we may share or sell (as those terms are defined by applicable law) your Personal Information as reasonably necessary to provide the core features of the Services.

7. Interest-Based Advertising

Some content or applications within our Services, including advertisements, are served by third parties, including advertisers, ad networks, servers, content partners, or application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Services. They may collect information about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. Additionally, our partners may use non-cookie technologies on which browser settings that block cookies might have no effect.

You may block the collection and use of information related to you by advertising companies for the purpose of serving interest-based advertising by visiting the following websites of self-regulatory programs of which those companies are members: (1) the Digital Advertising Alliance’s website (www.aboutads.info); or (2) the Network Advertising Initiative’s website (www.networkadvertising.org/choices).

Finally, please note that certain browsers may offer the option of providing notice to websites that you do not wish for your online activities to be tracked for interest-based advertising purposes (Global Privacy Control Notice or universal opt out mechanisms). We will respond to and abide by the signals sent through universal opt out mechanisms that are consistent with applicable law.

8. Your Rights and Choices

We have created mechanisms to provide you with the following control over your information:

Marketing Information: If you do not want us to use your email address or other contact information to promote or recommend our own products and Services, or third parties’ products or services, you may opt-out by replying to any promotional email we have sent you or following the opt-out links on that message. This opt-out generally will not apply to information provided to us related to a purchase, product, service, experience, or other Service-based transactions.

Accessing, Updating, and Deleting Your Information: You may contact us as set forth in the Contact Us section below to request access to, correction of, or deletion of Personal Information about you in our possession or control, consistent with your rights as described below. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or negatively affect the information’s accuracy.

Cookies and Automatic Data Collection Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. However, if you disable or refuse cookies, please note that some parts of our Services may become inaccessible or not function properly. In some cases, you may be able to set your browser or email program to not download web beacons.

Interest-Based Advertising. Please see Interest-Based Advertising above for information on how to opt-out of interest-based advertising.

Data Subject Access Rights

Depending on in which state you are a resident, you may have the following rights related to your Personal Information. These rights include:

• The right to know what Personal Information we process about you.
• The right to request certain Personal Information that we process about you be deleted.
• The right to request we correct Personal Information we have about you which you believe is incorrect.
• The right to have certain Personal Information we process about you returned to you in an accessible and useable format upon your request, if such request is technically feasible.
• The right to opt-out of having your Personal Information processed in such a way that enables us to create a profile of inferences about you or for targeted advertising purposes.
• The right to limit the use of your sensitive Personal Information.
• The right to opt-out of the sale of your Personal Information.
• The right to opt-out of any profiling in furtherance of decisions that produce legal or similarly significant effects.
• The right to not receive discriminatory treatment by us for exercising the privacy rights above, including, if you are an employee, applicant, or independent contractor, the right against employment related retaliation for exercising your privacy rights.

California Residents. If you are a California resident, you may have additional personal rights and choices with regard to your Personal Information. For example, California’s “Shine the Light” law (Civil Code Section § 1798.83) permits Users of our Services that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes.

Nevada Residents. Nevada provides its residents with a limited right to opt-out of the sale of certain Personal Information. Nevada residents who wish to exercise this opt-out right may submit a request via the information included in the Contact Us section below.

9. Exercising Your Privacy Rights

To exercise one of the rights listed above, please submit a request using the contact information provided in the Contact Us section below.

10. How We Verify Consumer Requests

We may require verification of your identity before processing verifiable rights requests. If your request requires verification, we will verify your identity by comparing the information we have about you against the information we receive when you submit your request. If we do not have enough information to verify your identity, we may request additional information from you, consistent with applicable law. We may deny a rights request if we are unable to verify your identity.

11. Authorized Agents

Some states permit you to designate an authorized agent to submit requests to exercise certain privacy rights on your behalf. Even if you use an authorized agent to submit a request on your behalf, pursuant to applicable law, we may still require that you verify your identity depending on the nature of the request and sensitivity of the information at issue.

If you are an authorized agent submitting a request on behalf of an individual, please submit a request using the contact information provided in the Contact Us section below. You must include a copy of the written, signed permission indicating that you are permitted to act on that person’s behalf.

12. Appealing a Denied Request to Exercise Privacy Rights

In some circumstances, we may deny your request to exercise one or more of the rights described above. If you disagree with our decision to deny your request or any portion of your request, you have the right to appeal our decision within sixty (60) days of receipt of notice that your request has been denied. If you submit an appeal to a denied request more than sixty (60) days after you have been notified of our decision to deny the request, we may deny your appeal. If you submit an appeal, we will respond within forty-five (45) days of our receipt of your appeal.

If you wish to appeal a decision, please clearly and plainly describe your basis of disagreement with our decision by responding through the same means by which we communicated our decision or by submitting your appeal using the information provided in the Contact Us section below. We will review your appeal and either amend or uphold our decision. In either case, we will provide a written explanation of the reason for the decision. This decision will be final.

13. Privacy of Minors

We do not knowingly collect any Personal Information from children under sixteen (16) years of age. If you are under the age of 16, please do not submit any Personal Information using the Services.

If you have reason to believe that a child under the age of sixteen (16) has provided Personal Information to us through our Services, please contact us by emailing us at [email protected].

We do not knowingly sell the Personal Information of individuals under the age of sixteen (16) years old.

14. Security

We have implemented reasonable administrative, technical, and physical measures designed to safeguard Personal Information from accidental loss or unauthorized access, use, alteration or disclosure. However, no data transmission over the internet or wireless network is 100% safe. Therefore, while we strive to protect your Personal Information, you are responsible for securely transmitting your Personal Information to us and safeguarding your Account and access to our Services.

15. Notice of Financial Incentives

We do not offer financial incentives or pricing discounts for providing your Personal Information to us or registering an Account with us.

16. Retention

We will retain and use your Personal Information only for the period necessary for the specified purposes and to comply with our legal obligations, resolve disputes, and enforce our agreements unless a longer retention period is required by law. Following the expiration of the retention period, Personal Information will be deleted. Therefore, any data subject rights you may have cannot be exercised after the expiration of the retention period.

17. Third Party Websites and Services

Our Services may include links or other connections to other third-party websites or other third-party services, including any services offered by providers you may match with via the Services. This Policy only applies to our Website and Services. If you click a link on our Website or through our Services that takes you to another website which we do not control, or if you choose to share your information with a provider, you should read their privacy policy to confirm you agree with their privacy practices before sharing any Personal Information with that site or services.

18. Changes and Amendments

We may update this Policy from time to time in our discretion and will post the updated Policy to our Services. You are responsible for periodically visiting our Services to review this Policy to check for any changes. Any updated version of this Policy will be effective immediately upon the posting of the revised Policy unless otherwise specified. Your continued use of our Services after the last updated date of the Policy will constitute your consent to those changes.

19. Contact Us

You may contact us about this Policy or to exercise your Data Subject Access rights (see Your Rights and Choices) by: