Agreement between User and HoyHealth Sites, Portals and Mobile Applications

These Terms of Use govern your access to and use of all HoyHealth sites, portals and mobile applications.  HoyHealth sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of HoyHealth sites, portals and mobile applications (“Use”) constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.  When we say “HoyHealth,” we mean HoyHealth, LLC and any of its subsidiaries (including any subsidiaries HoyHealth, LLC may form or acquire in the future).When we say “HoyHealth Sites,” we mean www.hoyhealth.com, www.hoymeds.com, www.hoyccm.com, www.hoydoc.com, and www.hoyrx.com.

At HoyHealth we are focused on the health and wellness needs of the USA and Latin American consumer. We provide consumers with total health and wellness solutions that enhance their lives with customized solutions that allow culturally relevant care solutions provided in both English and Spanish.  We focus on providing access to bilingual English and Spanish speaking healthcare professionals that include Doctors, Nurses, Psychologist and a variety of other health care related professionals our US based network allows you to receive the quality care you deserve in the language that you prefer.  HoyRX and HoyMEDS allow consumers to save on their medication purchases.  HoyMEDS is a free medication discount program that allows consumers to have access to all FDA approved medications in the USA with significant saving discounts at participating pharmacies in our national network of participating pharmacies.  HoyRX allows access to low cost medications through a similar online voucher system.

Disclaimers:

HoyRX:

THIS PLAN IS NOT INSURANCE, and is not intended as a substitute for insurance. This plan is not a Medicare prescription drug plan, and is not a Qualified Health Plan under the Affordable Care Act. This plan does not meet the minimum creditable coverage requirements under federal or state law. By using this plan, you agree to pay the entire prescription cost less any applicable discount. You are obligated to pay for all prescriptions but may receive a discount from those pharmacies that have contracted with the plan. Discounts are only available at participating pharmacies. Savings will vary by drug and by pharmacy. The discount prescription drug plan organization may obtain and retain fees or rebates from manufacturers and/or pharmacy benefit managers based on your prescription drug purchases. You may access a list of participating pharmacies at: www.hoyrx.com. Upon request the plan will make available a written list of participating pharmacies. The discount prescription drug plan organization is HoyHealth, LLC, 54 Tedwall Court Greer, SC 29650. Toll-free number: (855) 899-1673.  Email address: [email protected]

This plan is not available in Illinois, Kansas, Louisiana, Maryland, Montana, New Hampshire, South Carolina, South Dakota, Tennessee, Texas, Utah, Washington, or West Virginia or where prohibited by law. Participating pharmacies are subject to change without notice and are not available in all areas. Pharmacy prices fluctuate frequently, and the plan’s pricing tool is for informational purposes only. The plan is governed by the terms and conditions provided at registration. Prescription claims through this plan will not be eligible for reimbursement through Medicaid, Medicare, or any other government program. The plan does not guarantee the quality of the services or products offered by individual pharmacists.

HoyDOC

Services provided by HoyDOC do not replace your primary care physician relationship.  HoyDOC does not guarantee that a prescription will be written.  HoyDOC is not an insurance product or a prescription fulfillment warehouse.  HoyDOC physicians do not prescribe DEA controlled substances, non-therapeutic drugs and certain other drugs which may be harmful because of their potential for abuse.  HoyDOC operates subject to state regulation and may not be available in certain states.  Medical services rendered by your physician are subject to their professional judgment.  HoyDOC physicians reserve the right to deny care for potential misuse of services.  HoyDOC and the HoyDOC logo are registered trademarks of HoyHealth, LLC and may not be used without written permission.

All Healthcare Professionals on the Site hold professional licenses issued by the professional licensing boards in the states where they practice. All physicians and psychologists hold advanced degrees in either medicine or psychology and have undergone postgraduate training. You can report a complaint relating to the care provided by a Healthcare Professional by contacting the professional licensing board in the state where the care was received. In a professional relationship, sexual intimacy is never appropriate and should be reported to the board or agency that licenses, registers, or certifies the licensee.

Privacy

Your use of HoyHealth Sites or Mobile Applications is subject to HoyHealth's Privacy Policy. Please review our Privacy Policy, which also governs the Sites and informs users of our data collection practices.

Electronic Communications

Visiting HoyHealth sites or sending emails to HoyHealth constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use HoyHealth sites and mobile applications, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that HoyHealth is not responsible for third party access to your account that results from theft or misappropriation of your account. HoyHealth and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

HoyHealth does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use HoyHealth Sites or Mobile Applications only with permission of a parent or guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms.

Fees and Purchase Terms

You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing HoyHealth with your credit card number or PayPal account and associated payment information, you agree that HoyHealth is authorized to immediately invoice your account for all fees and charges due and payable to HoyHealth hereunder and that no additional notice or consent is required.

There are no limitations, exclusions or exceptions to You receiving the discount plan benefits.  You will have free access to discounted prescriptions without restrictions such as waiting periods or notification periods.

Links to Third Party Sites/Third Party Services

HoyHealth Sites or Mobile Applications may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of HoyHealth and HoyHealth is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HoyHealth is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HoyHealth of the site or any association with its operators.

Certain services made available via HoyHealth Sites or Mobile Applications are delivered by third party sites and organizations. By using any product, service or functionality originating from the HoyHealth Sites or Mobile Applications, you hereby acknowledge and consent that HoyHealth may share such information and data with any third party with whom HoyHealth has a contractual relationship to provide the requested product, service or functionality on behalf of HoyHealth Sites or Mobile Applications users and customers.

Obtaining and use of a discount

Apply online to obtain a discount product.  All vouchers and cards must be presented during checkout, be legible and have a scannable barcode, if applicable.  Vouchers are void if copied, scanned, altered, expired or prohibited by law. 

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use HoyHealth Sites or Mobile Applications strictly in accordance with these terms of use. As a condition of your use of the Sites and mobile applications, you warrant to HoyHealth that you will not use the Sites or Mobile Applications for any purpose that is unlawful or prohibited by these Terms. You may not use the Sites or Mobile Applications in any manner which could damage, disable, overburden, or impair the Sites or Mobile Applications or interfere with any other party's use and enjoyment of the Sites or Mobile Applications. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites or Mobile Applications.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Sites or Mobile Applications, is the property of HoyHealth or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Sites or Mobile Applications. HoyHealth content is not for resale. Your use of the Sites or Mobile Applications does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of HoyHealth and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of HoyHealth or our licensors except as expressly authorized by these Terms.

Comliance with Laws; Transmission of Data

With respect to its operation of the Use, and to the extent required by (i) the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the regulations promulgated thereunder, and (ii) the Health Information Technology for Economic and Clinical Health Act (“HITECH”) and any regulations promulgated thereunder (HIPAA and HITECH are collectively referred to herein as the “Privacy Laws”), HoyHealth will fully comply with the Privacy Laws applicable to covered entites and maintain the confidentiality of any Protected Health Information (as defined by the Privacy Laws) (“PHI”) transmitted or made available through the functionality of the Use.  You understand and agree that this Terms of Use Agreement may be amended from time to time if necessary to comply with the Privacy Laws. The requirements of this Section will survive the termination of your Use.

You agree that, to the extent applicable, while performing a Use described above, you shall comply with all applicable state and federal laws including, but not limited to, the Privacy Laws. You represent and warrant that you will, at all times, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of PHI. You agree that HoyHealth, and all other persons or entities involved in the operation of the Use, have the right to monitor, retrieve, store, review, and use PHI, if applicable, in connection with the transmission of any PHI.

To the extent permissible under the Privacy Laws and any other applicable Federal and State laws, you hereby grant to HoyHealth a perpetual, unlimited license to use the data and information that is compiled or passes through the Use that specifically relates to you, your patient care, your Provider’s procedures or diagnoses, or insurance provider procedures, policies, coverage, or payments, and any related information (collectively, the “Client Data”), in a de-identified format as defined under the Privacy Laws for data benchmarking, sharing, warehousing, resource utilization, and similar data analysis services; provided, however, that HoyHealth shall comply with the Privacy Laws in connection with any such actions.

HOYHEALTH CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PHI OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED DURING THE USE WHETHER TO A PROVIDER OR OTHERWISE. HOYHEALTH RESERVES THE RIGHT TO AMEND OR DELETE ANY UPLOADED CONTENT (ALONG WITH THE RIGHT TO REVOKE ANY MEMBERSHIP OR RESTRICT ACCESS) THAT IN HOYHEALTH’S SOLE DISCRETION VIOLATES ANY PROVISIONS OF THIS SECTION OR THE TERMS OF USE IN GENERAL.

Use of Communication Services

The Sites and mobile applications may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

HoyHealth has no obligation to monitor the Communication Services. However, HoyHealth reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. HoyHealth reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

HoyHealth reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in HoyHealth's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. HoyHealth does not control or endorse the content, messages or information found in any Communication Service and, therefore, HoyHealth specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized HoyHealth spokespersons, and their views do not necessarily reflect those of HoyHealth.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to HoyHealth Sites or Mobile Applications or Posted on Any HoyHealth Web Page

HoyHealth does not claim ownership of the materials you provide to HoyHealth Sites or Mobile Applications (including feedback and suggestions) or post, upload, input or submit to any HoyHealth Sites or Mobile Applications or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting HoyHealth, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. HoyHealth is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in HoyHealth's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

International Users

The Service is controlled, operated and administered by HoyHealth from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the HoyHealth Content accessed through HoyHealth Sites and Mobile Applications in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless HoyHealth, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Sites, Mobile Applications or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. HoyHealth reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with HoyHealth in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and HoyHealth agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOYHEALTH, LLC, ITS SUBSIDIARIES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES OR MOBILE APPLICATIONS AT ANY TIME.

HOYHEALTH, LLC, ITS SUBSIDIARIES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HOYHEALTH, LLC, ITS SUBSIDIARIES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOYHEALTH, LLC, ITS SUBSIDIARIES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES AND MOBILE APPLICATIONS, WITH THE DELAY OR INABILITY TO USE THE SITES OR MOBILE APPLICATIONS OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES OR MOBILE APPLICATIONS, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES OR MOBILE APPLICATIONS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HOYHEALTH, LLC OR ANY OF ITS SUBSIDIARIES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES OR MOBILE APPLICATIONS, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES OR MOBILE APPLICATIONS.

Termination/Access Restriction

HoyHealth reserves the right, in its sole discretion, to terminate your access to the Sites or Mobile Applications and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Sites or Mobile Applications. Use of the Sites or Mobile Applications is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and HoyHealth as a result of this agreement or use of the Sites or Mobile Applications. HoyHealth's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HoyHealth's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or Mobile Applications or information provided to or gathered by HoyHealth with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and HoyHealth with respect to the Sites or Mobile Applications and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HoyHealth with respect to the Sites or Mobile Applications. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English and Spanish.

You can cancel services and Use at any time.  Please contact HoyHealth at the below contact information if you are dissatisfied or if you would like to request additional information.  If You remain dissatisfied after completing HoyHealth’s complaint system, Hoyhealth shall provide the appropriate state contact information. 

Changes to Terms

HoyHealth reserves the right, in its sole discretion, to change the Terms under which HoyHealth Sites or Mobile Applications are offered. The most current version of the Terms will supersede all previous versions. HoyHealth encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

HoyHealth welcomes your questions or comments regarding the Terms:

HoyHealth, LLC

45 South Park Place #228

Morristown, New Jersey 07960

Email Address:

[email protected]

Telephone number:

(855) 899-1673

 

Effective as of June 22, 2018

Effective Date: February 20, 2018

HOY HEALTH, LLC ("HOY") takes seriously the confidentiality of your personal information. The following Privacy Policy sets forth our information gathering and dissemination practices related to information you give us through the website on which it is posted ("Website"). BY ACCESSING OR USING THE WEBSITE, YOU HEREBY AGREE TO THE TERMS OF THIS PRIVACY POLICY AND CONSENT TO THE COLLECTION AND USE OF INFORMATION AS DISCUSSED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, DO NOT ACCESS THE WEBSITE.

Modifications

HOY reserves the right to modify or amend this Privacy Policy at any time. All changes will be effective immediately upon their posting to the Website. Material changes will be conspicuously posted on the Website or otherwise made available to you. By accessing or using the Website after such changes are posted you agree and consent to all such changes.

Information We Collect and How We Use It

Information You Provide

HOY may collect any content, record, or electronic communication of any kind that you send or provide to us. If you submit a form to contact us or otherwise sign up for our newsletter we will use the email and other information you provide to provide you with the services and information that you request. We do not sell, rent or loan your information, except as otherwise expressly set forth below. However, we will share you information as set forth below.

E-mail Communication

If you sign up to receive our newsletter, or otherwise opt in to receive marketing from us, HOY may use your email address and other information collected through this Website to send you promotional communications that we believe may be of interest to you.

To Opt-Out Of Future Communications

You have the opportunity to opt-out of receiving such promotional communications from us at any time. You may opt out of receiving such communications, or request to be removed from our newsletter list, by following the instructions in the emails that you receive.

IP Addresses

HOY may log IP addresses for system administration and security purposes. IP addresses will not be used to track a user's session. This information helps us determine how often different areas of the Website are visited as well as any potential security threats. HOY does not link IP addresses to any information that is personally identifiable.

Cookies

HOY may use cookies to track the use of the Website and to facilitate and enhance your experience on the Website. "Cookies" are small pieces of information that are stored by your browser on your computer's hard drive. Cookies may enable us to facilitate access to different aspects of the Website. By showing when and how individuals visit the Website, cookies may help us to see which pages of the Website are popular and which are not. Cookies can also help us to improve your enjoyment of the Website, for example, by remembering your address or other personal information when you request information or services on the Website. Most web browsers automatically accept cookies, but you can disable this function so that your browser will not accept cookies. Please be aware that disabling this function may impact your use and enjoyment of the Website.

Website Analytics

Like many websites, our Website uses Google Analytics to collect information about your use of our Website. This information consists of information that your web browser automatically sends to Google, such as the web address of the page that you visit. Google may also set cookies or read preexisting cookies. This information is stored on Google´s servers. Google uses this information to provide us with reports about traffic to our Website and your visit to our Website (such as the domain from which you access the Internet, the web address of the website from which you linked to our Website, the time and date of your visit the web pages that you view and click through). We will use this data to improve our Website structure and content.

Google may also use this data in accordance with their Privacy Policy, which can be found at http://www.google.com/privacy.html. For more detailed information on how Google uses your data through our Website, please visit http://www.google.com/policies/privacy/partners/.

Our Website may allow you to connect and share information with Facebook and other social media platforms. This feature may require us to implement cookies and/or APIs provided by such social media platform to facilitate the communication. We may share information that you provide us or that we may collect about your use of the Website with Facebook, which information becomes subject to Facebook's Data Policy https://www.facebook.com/full_data_use_policy, or the privacy policy of any other applicable social media platform.

In addition, by choosing to use any third party social media platform or choosing to share content or communications with any social media platform, you allow us to share information with the designated social media platform. HOY cannot control any policies or terms of such third party platform. As a result, we cannot be responsible for any use of your information or content by a third party platform, which you use at your own risk.

How We Share Your Information

We may share information about you with third parties as follows:

•        Aggregate Information: We may share user information in the aggregate with third parties advertisers and content distributors for our own marketing purposes. For example, we may disclose the number of users that use the Website, how they use the Website and basic non-personal demographic data. We will not share to third parties your personal information in a manner that identifies you for any direct marketing purposes by such third parties nor sell information that could be used to identify you as an individual.

•        Investigations: We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure is (a) reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) helpful to prevent, investigate, or identify possible wrongdoing in connection with the Service; or (c) protect our rights, reputation, property, or that of our users, affiliates, or the public.

•        Our Suppliers: We contract with a number of service providers and vendors that will have access to your information as necessary to provide the Website and the communications and information you request. These service providers and vendors consist of our third party marketing and ad agencies, our information technology vendors, and our customer service call center vendors. Information shared may include but is not limited to your personally identifiable information, the analytics tools discussed above and other analytic tools used to report information to us should we experience technical issues with the Website or for various other purposes related to providing the Website.

•        Sale or Transfer of Business or Assets: If we are sold or disposed of as a going concern, whether by merger, reorganization, sale of assets or otherwise, or in the event of an insolvency, bankruptcy or receivership, any and all personally identifiable information, including your Account information may be one of the assets sold or merged in connection with that transaction. Information about you may also need to be disclosed in connection with a commercial transaction where we or any one of our businesses are seeking financing, investment, support, or funding. In such transactions, personal information will be subject to the promises made in any pre-existing Privacy Policy in effect when the information was obtained.

•        Required or Legal Disclosures: HOY also reserves the right to use and share your information in the event HOY believes doing so is necessary to operate the Website or where such disclosure may be required by law, or to protect HOY's right or the rights of others.

Ownership

HOY maintains full rights to any information collected on the Website, and may freely collect, use and disclose such information unless prohibited by this Privacy Policy or applicable law.

Access by Children

The Website is not directed toward children under 13 years of age and HOY does not knowingly collect or use information from children under 13 through the Website.

We assume our website is used by adults or minors supervised by a parent or guardian. We respect the privacy of parents and children and are committed to complying with the Children's Online Privacy Protection Act ("COPPA"). On those areas of our Site that ask for age, we do not collect personal information from individuals who identify themselves as under the age of 13 except in those limited circumstances where we believe that such collection is permitted under COPPA.

We may ask prospective users to provide their age during the registration process and on other areas of our Site. If a user indicates that he or she is under the age of 18 then all personal data collected during the registration process is automatically deleted except that we may retain and use limited information, such as the child's email address, for a limited period of time, in those cases where we believe that the collection and use of such information is permitted under COPPA.

If a parent believes that his or her child has provided us with personal information, he or she can contact us via email or postal mail as listed below. We will promptly delete the information upon learning that it relates to a child under the age of 13.

We believe that parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from otherwise disclosing online their name, address and other personal information without parental permission.

Do Not Track

We may automatically collect cookies and other non-personally identifying information when you visit this Website. Due to this automatic collection, we do not currently honor "do not track" signals.

Security

We work hard to protect HOY and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. We maintain industry standard security measures to protect sensitive data. We limit access to personally identifiable information about you to our employees and third-party agents, who we reasonably believe need to have access to your information to provide you with the information or services you request from HOY. The Website has security measures in place to help protect against the loss, misuse and alteration of the information under our control. While we cannot guarantee that loss, misuse or alteration to data will not occur, HOY uses industry standards, such as Secure Socket Layers ("SSL") technology, to help safeguard against such occurrences. We also conduct periodic security audits of the Website. In certain areas, the information passed between your browser and our system is encrypted with SSL technology to create a protected connection between you and our Website to ensure confidentiality. In the event that a breach in our security systems occurs and there is a possibility that an unauthorized person acquires your personal information, HOY will notify you of such a breach to the extent required under applicable law.

Access to Your Personal Information

If you wish to have access to your personal information in our records, please contact us with your request by email or mail through the contact information listed below. You may also request that we update your personal information or correct any factual errors that you believe may exist regarding this information by contacting us through the contact information listed below.

Third-Party Websites

The Website may link to, or be linked to, other websites not maintained by or related to HOY, such as plan sponsors, participating pharmacies, other business partners or organizations providing further educational information. HOY is not responsible for the privacy policies or practices of any third parties or third-party websites, including any linked or linking websites. To the extent that you disclose personally identifiable information to any such third parties, different rules may apply to their use and disclosure of personal information that you disclose to them. We encourage you to review the privacy policies of such websites before disclosing your personal information to them.

Contacting Us

If you have any questions or concerns regarding this Privacy Policy, please contact us as follows:

Via Mail at:

45 S Park Place #228
Morristown NJ 07960Attention: Compliance Department

Or

Via E-Mail at: [email protected]

A Customer Care Representative will take note of your question or concern and forward it promptly to the appropriate party.

HoyHealth, LLC (“Hoy”) has published on our website our Notice of Privacy Practices that provides information about how we may use or disclose protected health information. The Notice contains a patient’s rights section describing your rights under the law. You ascertain that by clicking Accept that you have reviewed our notice before agreeing to the terms of this Consent and Authorization Form. The terms of the Consent and Authorization Form may change, if so, you will be notified at your next visit to update your affirmation.

You have the right to restrict how your protected health information is used and disclosed for treatment, payment or healthcare operations. We are not required to agree with this restriction, but if we do, we shall honor this agreement. The HIPAA (Health Insurance Portability and Accountability Act of 1996) law allows for the use of the information for treatment, payment, or healthcare operations.

By clicking Accept, you consent to our use and disclosure of your protected healthcare information and potentially anonymous usage in a publication and marketing purposes. You have the right to revoke this consent in writing, signed by you. However, such a revocation will not be retroactive.

By clicking Accept, I understand that:

Protected health information may be disclosed or used for treatment, payment, healthcare operations, and marketing purposes.
• Hoy reserves the right to change the privacy policy as allowed by law.
• Hoy has the right to restrict the use of the information but Hoy does not have to agree to those restrictions.
• The patient has the right to revoke this consent in writing at any time and all full disclosures will then cease.
• Hoy may condition receipt of treatment upon execution of this consent.
• This Consent and HIPAA Authorization will remain in effect for as long as Hoy maintains its operations, and will expire thereafter, unless I revoke this Consent and HIPAA Authorization sooner.
• If I want to revoke my Consent and HIPAA Authorization I must send such a request in writing to Hoy’s Privacy Officer at [email protected]