This website, located at www.moonhealth.com (together with any affiliated or otherwise related or referenced websites, mobile applications or other services, the “Site”), is owned and operated by Welkin up llc, (“Moon Health,” “we,” or “us”).
This Site facilitates the provision of the Service to registered users. The “Service” includes (i) providing individuals with information on dental care and oral health (“Content”); (ii) help finding and otherwise connecting with a dentist; (iii) video conference support for using the Service as a means of direct access to licensed dentists and other healthcare providers (each, a “Dentist” and each such online teledentistry consultation, a “Teledentistry Consultation”) for communication, consultations, assessments, and/or treatment; (iv) development and gathering of health care records and health care information with retention of the same for use in Dentist appointments and communications; and (v) administrative support in connection with scheduling and payment for services provided by Dentists.
IF YOU HAVE A MEDICAL EMERGENCY,
IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911
THIS SITE ENABLES COMMUNICATION WITH DENTISTS AND OTHER HEALTH CARE PROVIDERS. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH YOUR DENTIST OR OTHER HEALTH CARE PROVIDER AND DOES NOT PROVIDE DENTAL OR MEDICAL ADVICE, CARE, DIAGNOSIS, OR TREATMENT OTHER THAN FROM THE HEALTH CARE PROVIDERS YOU CONNECT WITH DIRECTLY ON OR THROUGH THE SITE.
Your Relationship with Moon Health
Moon Health provides a platform for you to connect to and consult with Dentists. Such Dentists are independent professionals fully responsible for his or her services and compliance with the requirements applicable to his or her profession and license.
Moon Health does not practice dentistry or any other licensed profession, and does not interfere with the practice of dentistry or any other licensed profession by the Dentists you may access through the Site. You understand that by consulting with a Dentist through the Site, via a Teledentistry Consultation or otherwise, you are not entering into a provider/patient relationship with Moon Health, but rather directly with such Dentist. You agree that you will not hold Moon Health liable for any loss, injury, or claims of any kind arising from any advice you obtain from a Dentist via the Service.
None of the Content you may access on the Site (other than information you receive from a Dentist following a Teledentistry Consultation) should be considered dental or medical advice or an endorsement, representation or warranty that any particular procedure, medication or treatment is safe, appropriate, or effective for you. Moon Health makes no representation that the Service, Content and/or other material described on the Site are appropriate or available for use in locations outside the United States or all states and territories within the United States.
HIPAA Compliant Messaging Service
Included in the 24/7 Live dentist, 24/7 Advice, and My Smile Advice Content is an interactive messaging service provided by either SMS or email or a combination thereof (the “Messaging Feature”) that you can use to ask basic questions regarding oral health and accessing dental care. All responses provided via the Messaging Feature are for basic information or referral purposes only and are not intended to and do not constitute dental, medical or any other type of professional advice and in no way does such basic communication create a provider/patient relationship. The communication you receive via the Messaging Feature may be provided by a live person or an automated system or a combination thereof.
Messaging sessions with your existing dentist of record may be considered interactive live synchronous, or store-and-forward asynchronous communications, in a binding provider/patient relationship, and you are agreeing to give Teledentistry consent, as outlined in this document, to your dentist or doctor to virtually evaluate, diagnose and treat as he or she sees necessary to the best of his or her judgement. It is the responsibility of your dentist to fully comply with State Dental Licensure laws in regards to practicing Teledentistry. YOU AGREE THAT YOU WILL NOT HOLD Moon Health LIABLE FOR ANY LOSS, INJURY, OR CLAIMS OF ANY KIND ARISING FROM ANY ADVICE YOU OBTAIN FROM A DENTIST VIA THE SERVICE.
HIPAA Compliant Video Teledentistry Service
Included in the 24/7 Live Dentist, 24/7 Advice, and My Smile Advice content we offer a live, interactive and synchronous video session with live dentists. These sessions are at 15-minute increments with a Dentist licensed to practice dentistry in your state. You will have to agree to a Teledentistry consent form prior to a live video session with a Dentist. If there is no Dentist available, you can request an appointment by emailing firstname.lastname@example.org. Following a Teledentistry Consultation with a Dentist where your condition has been evaluated, you may receive one or more messages from a Dentist with whom you have formed a direct and independent provider/patient relationship with and such Dentist assumes full responsibility for any advice or treatment they provide to you in this manor or otherwise. Our Dentists reserve the right not to diagnose or recommend treatment or a prescription if in their sole judgement they have not been able to establish enough information regarding your case or condition in general.
Through the Moon Health Platform You may also have a video Teledentistry session with your existing dentist of record in a binding provider/patient relationship. You are hereby agreeing to give Teledentistry consent, as outlined in this document, to your dentist or doctor to virtually evaluate, diagnose and treat as he or she sees necessary to the best of his or her judgement. It is the responsibility of your dentist to fully comply with State Dental Licensure laws in regards to practicing Teledentistry. YOU AGREE THAT YOU WILL NOT HOLD Moon Health LIABLE FOR ANY LOSS, INJURY, OR CLAIMS OF ANY KIND ARISING FROM ANY ADVICE YOU OBTAIN FROM A DENTIST VIA THE SERVICE.
Teledentistry Consent Agreement
IF YOU HAVE A MEDICAL EMERGENCY,
IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911
I hereby request, consent and authorize Welkin up llc and its subsidiaries, affiliates, representatives, and agents (collectively, “Moon Health”) and their employed or contracted dentists, physicians, or other licensed health care professionals in its care network (each, a “Practitioner”), to utilize telemedicine (including teledentistry) through Moon Health proprietary systems, methods and protocols to access, diagnose, consult, treat and educate me and those I am authorized to represent (the “Services”).
I acknowledge and consent to see a Practitioner via telemedicine. I understand that my eligibility to receive a visit via telemedicine is based on the Practitioner’s medical judgment that it is appropriate and that the quality of care will not be diminished by the use of telemedicine. I understand that a telemedicine visit is distinct from an in-person visit because I will not be in the same room as the health care Practitioner, and instead, I will communicate with the Practitioner through advanced communication technology using live video and audio feed.
I acknowledge that in order to protect my privacy, I need to choose a private location to place my telemedicine call. I understand that in order to provide the best call environment, I should reduce background light from windows or light emanating from behind me. I understand that my camera should be placed on a secure, stable platform to avoid wobbling and shaking during the telemedicine session. To the extent possible, my camera should be placed at the same elevation as my eyes with my face clearly visible to the other person. I understand that I will be informed of the presence of any third party, including those that may be present to assist with the audio or video equipment, and that I have the right to: (1) omit specific details of medical history or physical examination that are sensitive to me during such third party presence; (2) ask non-medical personnel to leave the telemedicine examination room; and/or (3) terminate the consultation at any time by notifying the Practitioner or disconnecting from the telemedicine portal.
I understand the potential risks of receiving the Services via telemedicine include: delays in medical evaluation due to technological equipment failure, a lack of access to all relevant information, or a security breach allowing unauthorized access to my confidential medical information. I understand that my Practitioner or I may terminate the telemedicine visit at any time, including if the Practitioner or I feel that an in-person visit is necessary for any reason. I have had the Services and alternatives to telemedicine for my Services explained to me and I choose to and continue with a telemedicine visit.
I understand that any complaint may be filed with the Secretary of the Department of Health and Human Services. I have read and understood the written information provided above. I agree that the information provided above adequately explains the Services, along with the risks and benefits to me of said Services. I have had the opportunity to ask questions about this information – if I had any questions, all of my questions have been answered in full. By electronically signing this form, I acknowledge and agree to all of the above, and certify that I have no questions and/or have had my questions answered in full.
By electronically signing this informed consent, I agree to conduct transactions electronically, and intend for my electronic signature to be a binding electronic signature on myself and those I am authorized to represent. Further, I understand and acknowledge that I am digitally receiving a copy of this Agreement concurrently upon execution to print and/or retain a copy of this Agreement, and may also request a paper copy from Moon Health using the contact information below:
If you have any questions, please contact email@example.com.
Duty to Provide Information and Access
If you consult with a Dentist through the Site, you have a duty to provide appropriate real time video access (consistent with any technical and quality requirements described on the Site) to enable effective communication with and an appropriate evaluation by your Dentist. You also have a duty to provide truthful and accurate responses on any patient forms or information requests.
You understand that your Dentist may send you messages, reports, and e-mails via the Site regarding the treatment of your condition. It is your responsibility to monitor these messages, reports, and e-mails. You agree that you will not hold us liable for any loss, injury, or claims of any kind resulting from your failure to read these messages or for your failure to comply with any treatment recommendations contained in these messages.
Accounts, Passwords and Security
By registering on the Site, users can receive access to the password-protected portions of the Site. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to immediately notify Moon Health of any unauthorized use of your account or any other breach of security of which you become aware involving or relating to the Site by e-mailing Moon Health at firstname.lastname@example.org. In addition, you agree to keep in confidence your username and password and to exit from your Secure User account at the end of each session. You may not use anyone else’s account at any time. You agree that you will not hold us liable for any loss, injury, or claims of any kind resulting from your failure to comply with this section.
Ownership of Information Submitted via the Site
Such information may be used for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. Moon Health shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Moon Health via the Site or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.
Any use or attempted use of this Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party’s use and enjoyment of the Site; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by Moon Health to be made accessible to a user; (vi) to obtain any materials or information through any means not intentionally made available by Moon Health; or (vii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Site, you agree you will not (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; (b) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Moon Health representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Site by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, this Site or any related networks or systems; (m) harvest or otherwise collect information about others, including e-mail addresses; or (n) use any robot, spider, scraper, or other automated or manual means to access this Site, or copy any content or information on this Site.
Moon Health reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and/or account. Moon Health may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
Right to Monitor
No Moon Health Editorial Control of Third Party Content; No Statement as to Accuracy
To the extent that any of the Content included in the Site is provided by a Dentist or other third party content provider or other Site users, Moon Health has no editorial control or responsibility over such Content. Therefore, any opinions, advice, statements, products, services or other information expressed or made available by professionals, other third parties or other users on this Site are those of such professionals, third parties or users, respectively. Moon Health does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on this Site or referenced content of Dentists will not infringe rights of third parties not owned by or affiliated with Moon Health.
Third Party Services
Links to Third Party Sites
The Service, Content and other information contained on this Site are provided by Moon Health as a convenience to its users. Users relying on Content or other information from this Site do so at their own risk.
THE WEBSITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. Moon Health, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE. Moon Health MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED. Moon Health IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY SERVICES INCLUDING FOR ANY DELAYS, INTERRUPTIONS, TRANSMISSION ERRORS, SECURITY FAILURES, AND OTHER PROBLEMS CAUSED THEREBY.
Limitation of Liability
IN NO EVENT SHALL Moon Health NOR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, MALPRACTICE, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF, MISUSE OF OR INABILITY TO USE THE WEBSITE OR BASED ON AN ISSUE WITH A THIRD PARTY SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Moon Health ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE. IN ANY AND ALL SUCH EVENTS, Moon Health SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $500.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Intellectual Property Rights
Except as otherwise expressly stated, all Content appearing on the Site is the copyrighted work of Moon Health or its third-party content providers and is protected by all applicable U.S. and international copyright laws. The compilation (meaning the selection, coordination, and arrangement) of the Site is also the exclusive property of Moon Health and is protected by U.S. and international copyright laws.
Certain trademarks on the Site are the service marks and trademarks of Moon Health or its licensees. The domain name for the Site, the Moon Health logo and elements of the design of the Site are service marks, trademarks, logos, and/or trade dress of Moon Health. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Site are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the Site without the prior written authorization of Moon Health.
Permission for all other uses of Content, service marks, trademarks, logos, trade dress or other intellectual property contained herein, including reproducing and distributing multiple copies or using Content, service marks, trademarks, logos, trade dress or other intellectual property on any other website or networked computer or linking to any page of the Site, must be obtained from Moon Health or the appropriate rights owner in advance; otherwise, such use is prohibited. Requests for such authorization from Moon Health should be submitted via an email. All design rights, databases and compilation and other intellectual property rights associated with the Site, in each case whether registered or unregistered, and related goodwill, are proprietary to Moon Health.
Notice and Procedure for Making Claims of Intellectual Property Infringement
Moon Health respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and Moon Health asks our users to do the same. Moon Health therefore employs measures to prevent copyright and other intellectual property infringement on the Service. Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please send a written notification of the claimed copyright or other intellectual property infringement to the following Designated Agent:
Welkin Up llc
11373 trade center drive, ste 245, rancho cordova, CA, 95742
Under Title 17, United States Code, Section 512(c)(3)(A), to be effective the notification must include substantially the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- Identification of the copyrighted work or other intellectual property that you claim has been infringed, or if multiple copyrighted works or other intellectual property on the Service are covered by the notice, a representative list of such works;
- Identification of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Moon Health to locate the material;
- Information reasonably sufficient to permit Moon Health to contact you, such as your name, address, telephone number and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
- A statement by you that the notification is accurate, and under penalty of perjury, that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf.
Do not send any inquiries unrelated to copyright or other intellectual property infringements to the contact listed above.
Governing Law; Venue; Severability of Provisions
No Agency Relationship
Welkin up llc
11373 trade center drive, ste 245, rancho cordova, CA, 95742
DENTIST USER AGREEMENT
Moon Health requires a Dentist Use Agreement (this “Agreement”) between Welkin up llc (“Company”), an interactive online platform and referral service; and “Dentist,” a duly licensed dentist or entity authorized to provide dental services in its state of licensure as of the latest date set forth on the signature page attached hereto.
Company has a created a network of individual dental consumers (each, a “Referral Patient”) who seek to use its online services to easily manage their dental activities (the “Patient Network”). Company has also agreed to provide technology to Dental practices to manage remote care of existing patients (the “Existing Practice Patients”) Dentist will provide dental services (the “Services”) directly to existing practice patients in a manner similar to care in its physical practice location(s); and services to Referral Patients as the Company’s independent consultant and as an independently licensed dentist utilizing the Company’s administrative and communication platform which includes certain teledentistry systems and methods (the “Company Platform”).
In consideration of the mutual promises and covenants contained herein, the parties agree as follows:
1. Rights and Responsibilities of Dentist
Dentist verifies that their dental licensure is valid and in good standing with the Dental Board in his or her state of licensure, and agrees to immediately notify Company in writing of any changes in Licensure status or other material facts related to Dentist’s identifying information on the Company Platform.
(b) Monitor Company Platform
Dentist agrees to periodically monitor and respond to communications received from individuals through the Company Platform as frequently as possible, but in no event less than once every forty-eight (24) hours excluding weekends and federal holidays.
(c) Company Fees
For Dentist’s use of Company Platform, Dentist shall pay Company a subscription fee as set forth in its website and marketing efforts. Company may or may not Include in the subscription some marketing tools: custom responsive banners for dentist website; direct email links for patient access; and custom marketing widgets for practice promotion. Either party may suspend or terminate the Agreement, for any reason, upon 30 days written notice to the other party. Moon Health reserves the right to change its fees or subscription model at any time.
(d) Patient Fees
Dentist acknowledges and agrees that Company is not liable for any payments due to Dentist for services rendered to existing and Referral Patients.
(e) Dentist Information
Dentist agrees to furnish Company with requested information required to enable the performance of Company’s services to either Referral Patients or Dentist. It is Dentist’s duty to keep his/her name, address, phone number, area(s) of specialty and/or expertise and other identifying information up to date, and to notify Company of any change to the same.
(f) Professional Responsibility
Dentist will ensure that all Services are provided in compliance at all times with all applicable ethical and clinical standards, laws, rules, and regulations and will at all times maintain a direct patient provider relationship with all patients Dentist provides Services to. Dentist will not initiate or accept a Session with and will not provide advice or treatment or any kind to any patient residing in a jurisdiction that Dentist is not fully licensed to practice dentistry. Dentist will notify the Company promptly in the event Dentist becomes subject to any disciplinary actions or dental (or other) malpractice actions or any investigations thereof and such notice will provide full details of the underlying facts and circumstances. Dentist will monitor the quality of services provided by anyone involved in any way in the delivery of Services hereunder by Dentist. Dentist will provide the Company at least thirty (30) days prior written notice of any intended vacations of two (2) days or more. For referral patients, Dentist will complete consultation notes through the Company Platform Link regarding each synchronous video session in the same manner Dentist completes chart notes for patients in Dentist’s regular dental practice, and to the reasonable satisfaction of the Company.
(g) Professional Liability
The Service is simply a platform through which Dentist may provide dental services to Referral Patients or his or her patients of record. Dentist agrees to comply with his or her State Dental Licensure laws regarding Teledentistry practices. Dentist agrees to accept and be responsible for his/her own acts or omissions in the professional practice of dentistry. Nothing in this Agreement shall be interpreted or construed to place any such responsibility for professional acts or omissions on Company. Dentist agrees to furnish a copy of his or her professional liability insurance coverage to the Company.
(h) Independent Contractor Relationship.
Dentist’s relationship with Company is that of an independent contractor, and nothing in this Agreement is intended to, or shall be construed to, create a partnership, agency, joint venture, employment or similar relationship. Dentist will not be entitled to any of the benefits that Company may make available to its employees, including, but not limited to, group health or life insurance, profit‑sharing or retirement benefits. Dentist is not authorized to make any representation, contract or commitment on behalf of Company unless specifically requested or authorized in writing to do so by a Company manager. Dentist is solely responsible for, and will file, on a timely basis, all tax returns and payments required to be filed with, or made to, any federal, state or local tax authority with respect to the performance of services and receipt of fees under this Agreement. Dentist is solely responsible for, and must maintain adequate records of, expenses incurred in the course of performing services under this Agreement. No part of Dentist’s compensation will be subject to withholding by Company for the payment of any social security, federal, state or any other employee payroll taxes. Company will regularly report amounts paid to Dentist by filing Form 1099‑MISC with the Internal Revenue Service as required by law.
At all times during the term of this Agreement, Dentist shall maintain dental malpractice liability insurance and general commercial liability insurance, sufficient to cover any liabilities arising from Dentist’s obligations under this Agreement, in amounts of at least one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate. Such policies will be issued on an “occurrence” or “claims made” basis and include prior acts coverage and a tail coverage reporting endorsement provision. Dentist shall exercise such tail coverage endorsement in the event of a change, cancellation, or termination of said policy. Such insurance will be purchased from companies that carry a minimum AM BEST rating of A and such companies will endeavor to provide at least thirty (30) days written notice to Company prior to any modification, cancellation or non-renewal of the policies. Dentist will name Company as an additionally named insured under each such policy and will promptly deliver certificates evidencing such coverages to Company.
2. Rights and Responsibilities of Company
(a) Patient Network
Company shall develop and maintain the Patient Network and the Company Platform and make the same available to Dentist.
(b) Dentist Authorizations
Company is authorized to list information about Dentist on the Company dentist directory on the Company website, mobile app, or other publications.
Company may modify, change, or amend this Agreement by providing written notice. Failure of the Dentist to object within thirty days of Company sending notice shall constitute Dentist’s acceptance of the modification, change, or amendment.
3. Business Associate Agreement
(i) “Business Associate” shall generally have the same meaning as the term “business associate” at 45 CFR 160.103. Dentists are covered entities and shall be Business Associates of Company, a covered entity.
(ii) “Designated Record Set” shall mean a group of records maintained by Business Associate pertaining to Individuals that are the medical records and billing records about Individuals or the enrollment, payment, claims adjudication, and case or medical management record systems pertaining to Individuals. For purposes of this definition, “record” refers to any item, collection, or grouping of information that includes PHI.
(iii) “Individual” shall mean the person who is the subject of the PHI.
(iv) “Protected Health Information” or “PHI” shall have the same meaning as the term “protected health information” in 45 CFR 160.103, limited to the information created, received, maintained or transmitted by Business Associate pursuant to the use of the Company Platform.
(b) HIPAA and Privacy
In accordance with the Health Insurance Portability and Accountability Act (hereinafter “HIPAA”) and 45 CFR 164, all Business Associates will use appropriate safeguards to prevent unauthorized use or disclosure of PHI in accordance with the following obligations:
(i) Comply with all applicable federal and state confidentiality and security laws, and specifically the provisions of the HIPAA Rules applicable to Business Associates;
(ii) Not use or disclose PHI other than as permitted or required by this Agreement and except as necessary in the use of the Company Platform or as required by law;
(iii) Maintain appropriate physical and technical safeguards that reasonably and appropriately protect the confidentiality and integrity of any PHI Business Associate creates, receives, maintains or transmits, and comply with Subpart C of 45 CFR 164 with respect to electronic PHI, to prevent use or disclosure of PHI other than as provided for by this Agreement;
(iv) Ensure that all PHI be secured when accessed by Business Associate’s employees, agents or subcontractors, and that all such access be limited to legitimate business needs;
(v) Ensure that any of Business Associate’s employees, agents, or subcontractors that create, receive, maintain or transmit PHI on behalf of Business Associate agree to the same restrictions, conditions and requirements that apply to Business Associate with respect to such information;
(vi) Ensure that all uses and disclosures of PHI are subject to the principle of “minimum necessary use and disclosure,” i.e., that only PHI that is the minimum necessary to accomplish the intended purpose of the use, disclosure or request is used or disclosed;
(vii) Report to Company any use or disclosure of PHI not provided for by this Agreement of which it discovers, including breaches of unsecured PHI in accordance with 45 CFR 164.400-164.414;
(viii) If it maintains PHI in a Designated Record Set, make PHI available to an Individual to inspect or copy PHI about that Individual in that set as directed by Company, or to make PHI available to Company as necessary to satisfy Company’s obligations under 45 CFR 164.524;
(ix) If it maintains PHI in a Designated Record Set, make any amendment(s) to PHI as directed or agreed to by Company pursuant to 45 CFR 164.526, or take other measures as necessary to satisfy Company’s obligations under 45 CFR 164.526;
(x) Maintain and make available the information required to provide an accounting of disclosures to Company as necessary to satisfy Company’s obligations under 45 CFR 164.528;
(xi) Upon termination of this Agreement, for any reason, Business Associate shall destroy or return to Company all PHI received, created, maintained, or received by Business Associate on behalf of Company, that the Business Associate still maintains in any form. Business Associate shall not retain any copies of PHI after termination.
(c) Breach Protocol
In accordance with 45 CFR 164.400 – 164.414 and Section 3(b), Dentist agrees to the following in the event of a breach of unsecured PHI:
Dentist shall notify Company upon discovery of such breach. Notification shall occur without unreasonable delay and in no case later than 60 calendar days after discovery of a breach. To the extent possible, Business Associate shall provide Company with the identification of each Individual affected, or reasonably believed by Business Associate to have been affected, by the breach as well as any other available information such as, but not limited to, information breached, date of breach and form of breach, required to be provided by Company in its notification to affected Individuals pursuant to 45 CFR 164.404. Any and all notification to those Individuals whose PHI has been breached shall be made under the direction, review and control of Company. Business Associate shall have the burden of demonstrating that all notifications were made as required or that the use or disclosure did not constitute a breach. All notification pursuant to this Section 9(e) shall be submitted in writing and delivered either personally or by U.S. Mail postage prepaid to Company’s address provided at the end of this Agreement.
(ii) Discovery of Breach. A breach shall be deemed “discovered” on the first day on which such breach is known to Business Associate or, by an exercise of reasonable diligence, would have been known to Business Associate. Business Associate shall be deemed to have knowledge of a breach if the breach is known, or by exercising reasonable diligence would have been known, to any person, other than the person committing the breach, who is an employee, officer or other agent of Business Associate.
(iii) Liability. Business Associate shall be liable for the costs associated with a breach if caused by the Business Associate’s negligent or willful acts or omissions, or the negligent or willful acts or omissions of Business Associate’s agents, officers, employees or subcontractors.
(i) “Company Innovations” means Innovations that Dentist, solely or jointly with others, conceives, develops or reduces to practice related to this Agreement.
(ii) “Company Property” means all Confidential Information and any materials (including, without limitation, documents, drawings, papers, diskettes, tapes, models, apparatus, sketches, designs and lists) furnished to Dentist by Company, whether delivered to Dentist by Company or made by Dentist in the performance of services under this Agreement and whether or not they contain or disclose Confidential Information.
(iii) “Confidential Information” means (A) any technical and non-technical information related to Company’s business and current, future and proposed products and services of Company, including for example and without limitation, Company Innovations, Company Property, and Company’s information concerning research, development, design details and specifications, financial information, procurement requirements, engineering and manufacturing information, customer lists, business forecasts, sales information and marketing plans; and (B) any information that may be made known to Dentist and that Company has received from others that Company is obligated to treat as confidential or proprietary.
(iv) “Innovations” means all discoveries, designs, developments, improvements, inventions (whether or not protectable under patent laws), works of authorship, information fixed in any tangible medium of expression (whether or not protectable under copyright laws), trade secrets, know-how, ideas (whether or not protectable under trade secret laws), mask works, trademarks, service marks, trade names and trade dress.
(b) Non-Disclosure and Nonuse Obligations
Except as permitted in this Section 4(b), Dentist shall not use, disseminate or in any way disclose the Confidential Information. Dentist may use the Confidential Information solely to perform services pursuant to this Agreement for the benefit of Company. Dentist shall treat all Confidential Information with the same degree of care as Dentist accords to Dentist’s own confidential information, but in no case shall Dentist use less than reasonable care. If Dentist is not an individual, Dentist shall disclose Confidential Information only to those of Dentist’s employees who have a need to know such information. Dentist certifies that each such employee will have agreed, either as a condition of employment or in order to obtain the Confidential Information, to be bound by terms and conditions at least as protective as those terms and conditions applicable to Dentist under this Agreement. Dentist shall immediately give notice to Company of any unauthorized use or disclosure of the Confidential Information. Dentist shall assist Company in remedying any such unauthorized use or disclosure of the Confidential Information. Dentist agrees not to communicate any information to Company in violation of the proprietary rights of any third party.
(c) Exclusions from Non-Disclosure and Nonuse Obligations
Dentist’s obligations under Section 4(b) shall not apply to any Confidential Information that Dentist can demonstrate (i) was in the public domain at or subsequent to the time such Confidential Information was communicated to Dentist by Company through no fault of Dentist; (ii) was rightfully in Dentist’s possession free of any obligation of confidence at or subsequent to the time such Confidential Information was communicated to Dentist by Company; or (iii) was developed by employees of Dentist independently of and without reference to any Confidential Information communicated to Dentist by Company. A disclosure of any Confidential Information by Dentist (A) in response to a valid order by a court or other governmental body or (B) as otherwise required by law shall not be considered to be a breach of this Agreement or a waiver of confidentiality for other purposes; provided, however, that Dentist shall provide prompt prior written notice thereof to Company to enable Company to seek a protective order or otherwise prevent such disclosure.
(d) Ownership and Return of Confidential Information and Company Property
All Confidential Information and Company Property, are the sole and exclusive property of Company or Company’s suppliers or customers. Dentist agrees to keep all Company Property at Dentist’s premises unless otherwise permitted in writing by Company. Within five (5) days after any request by Company, Dentist shall destroy or deliver to Company, at Company’s option, (i) all Company Property and (ii) all materials in Dentist’s possession or control that contain or disclose any Confidential Information. Dentist will provide Company a written certification of Dentist’s compliance with Dentist’s obligations under this Section 4(d).
Dentist will indemnify and hold harmless Company from and against any and all third party claims, suits, actions, demands and proceedings against Company and all losses, costs and liabilities related thereto arising out of or related to (a) an allegation that any item, material and other deliverable delivered by Dentist under this Agreement infringes any intellectual property rights or publicity rights of a third party; or (b) any negligence by Dentist or any other act or omission of Dentist, including without limitation any breach of this Agreement by Dentist.
7. Defend Trade Secrets Act
Pursuant to the Defend Trade Secrets Act of 2016, if Dentist is an individual, Dentist acknowledges that he/she shall not have criminal or civil liability under any federal or state trade secret law for the disclosure of a trade secret that (a) is made (i) in confidence to a federal, state or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (b) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. In addition, if Dentist files a lawsuit for retaliation by Company for reporting a suspected violation of law, Dentist may disclose the trade secret to Dentist’s attorney and may use the trade secret information in the court proceeding, if Dentist (x) files any document containing the trade secret under seal; and (y) does not disclose the trade secret, except pursuant to court order.
8. Noninterference with Business
During the course of the Agreement and for a period of twelve (12) months immediately following the expiration or termination of the Agreement for any reason, whether with or without good cause or for any or no cause, at the option of either Company or Dentist, Dentist will not, either directly or indirectly, (i) interfere with Company’s contracts and relationships, or prospective contracts and relationships, including, but not limited to, Company’s customer or client contracts and relationships; and (ii) will not solicit or induce any employee or independent contractor to terminate or breach an employment, contractual or other relationship with Company.
9. Miscellaneous Provisions
(a) Scope of Services
Company is not a provider of dental services, a referrer of a specific dental provider, or marketing agent of Dentist. All decisions on dental services to be received by Referral Patients are made by and between the Company Patient and Dentist.
Company and Dentist agree that each party is independent from the other and that the provisions of this Agreement do not create an employer/employee, principal/agent, partnership, or joint venture relationship between the parties.
This Agreement may only be assigned by Company.
Any and all notices, requests, demands, or other communications provided for hereunder, shall be given in writing by personal service, by registered or certified mail, postage prepaid, overnight delivery service, delivery charges prepaid, or by email, facsimile or other electronic means addressed to the intended recipients. A notice shall be deemed to have been received when personally served or delivered or five (5) days after being mailed, or one (1) day after being sent by overnight delivery service or by email, facsimile or other electronic means.
(f) Binding Arbitration
Parties agree that any claim or dispute between them or against any agent, employee, successor, or assign of the other, related to this agreement, or the relationship or duties contemplated under this agreement, including the validity of this arbitration clause, shall be resolved by binding arbitration under California law arbitration rules then in effect. Any award of the arbitrator may be entered as a judgment with the Court of California having jurisdiction over the parties.
(g) Savings Clause
If any clause, provision or paragraph of this Agreement is held illegal, invalid or unenforceable, such finding shall not affect the remaining clauses, provisions or paragraphs hereof, and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable clause, provision or paragraph had not been contained herein.
This Agreement shall be governed by the laws of the State of California.
This website, located at www.moonhealth.com (together with any affiliated or otherwise related or referenced websites, mobile applications or other services, the “Site”), is owned and operated by Welkin up llc, (“Moon Health,” “we,” or “us”). Anyone using our site may be referred to as “you” or a “User” throughout this policy.
This Site facilitates the provision of the Services to registered users. The “Services” include (i) providing individuals with information on dental care and oral health (“Content”); (ii) help finding and otherwise connecting with a dentist; (iii) video conference support for using the Services as a means of direct access to licensed dentists and other healthcare providers (each, a “Dentist” and each such online teledentistry consultation, a “Teledentistry Consultation”) for communication, consultations, assessments, and/or treatment; (iv) development and gathering of health care records and health care information with retention of the same for use in Dentist appointments and communications; and (v) administrative support in connection with scheduling and payment for services provided by Dentists.
Information We Collect
We also may automatically collect certain data when you use the Services, such as (1) IP address; (2) domain server; (3) type of device(s) used to access the Services; (4) web browser(s) used to access the Services; (5) referring webpage or other source through which you accessed the Services; (6) geolocation information; and (7) other statistics and information associated with the interaction between your browser or device and the Services (collectively “Traffic Data”). Depending on applicable law, some Traffic Data may be Personal Information. We may also collect additional information, which may be Personal Information, as otherwise described to you at the point of collection or pursuant to your consent.
HIPAA and PHI
How We Collect Information
We collect information, including Personal Information and Traffic Data, when you use and interact with the Services, such as:
- When you use the Services’ interactive tools and services, such as searching for Healthcare Providers, searching for available appointments with Healthcare Providers and completing dental history questionnaires prior to Healthcare Provider appointments;
- When you voluntarily provide information in free-form text boxes through the Services and through responses to surveys, questionnaires and the like;
- If you download and install certain applications and software we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Services, such as information that lets Moon Health know when you are logged on and available to receive update or alert notices;
- If you download our mobile application, we may receive information about your location and mobile device;
- Through cookies, web beacons, website analytics services and other tracking technology (collectively, “Tracking Tools”), as described below; and
- When you use the “Contact Us” function on the Site, send us an email or otherwise contact us.
- We also may collect information about you from third party sources.
Tracking Tools and “Not to Track”
The Tracking Tools that we may use and how we may use them include:
- Web Beacons: “Web Beacons” (a.k.a. clear GIFs or pixel tags) are tiny graphic image files imbedded in a web page or email that may be used to collect anonymous information about your use of our Services, the websites of selected advertisers and the emails, special promotions or newsletters that we send you. The information collected by Web Beacons allows us to monitor how many people are using the Services, using the selected advertisers’ websites or opening our emails, and for what purpose, and also allows us to enhance our interest-based advertising.
- Website Analytics: We may use third-party website analytics services in connection with the Services, including, for example, to record mouse clicks, mouse movements, scrolling activity and text that you type into the Site. These website analytics services generally do not collect Personal Information unless you voluntarily provide it and generally do not track your browsing habits across websites which do not use their services. We use the information collected from these services to help make the Services easier to use.
- Mobile Device Identifiers: Mobile device identifiers are data stored on your mobile device that can be used to track your mobile device and data and activities occurring on and through it, as well as the applications installed on it. Mobile device identifiers enable collection of Personal Information (such as media access control, address and location) and Traffic Data. As with other Tracking Tools, mobile device identifiers help Moon Health learn more about our users’ demographics and internet behaviors.
How Moon Health Responds to Browser “Do Not Track” Signals
Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a “Do Not Track” (DNT) or similar feature that signals to websites that a visitor does not want to have his/her online activity and behavior tracked. If a website operator that elects to respond to a particular DNT signal receives the DNT signal, the website operator may refrain from collecting certain Personal Information about the browser’s user. Not all browsers offer a DNT option and there is currently no industry consensus as to what constitutes a DNT signal. For these reasons, many website operators, including Moon Health, do not take action to respond to DNT signals.
Options for Opting out of Cookies and Mobile Device Identifiers
Some web browsers (including some mobile web browsers) allow you to reject Cookies or to alert you when a Cookie is placed on your computer, tablet or mobile device. You may be able to reject mobile device identifiers by activating the appropriate setting on your mobile device. Although you are not required to accept Moon Health’s Cookies or mobile device identifiers, if you block or reject them, you may not have access to all features available through the Services.
You may opt out of receiving certain Cookies and certain trackers by visiting the Network Advertising Initiative (NAI) opt out page or the Digital Advertising Alliance (DAA) consumer opt-out page. When you use these opt-out features, an “opt-out” Cookie will be placed on your computer or tablet indicating that you do not want to receive interest-based advertising from NAI or DAA member companies. If you delete Cookies on your computer or tablet, you may need to opt out again. Please note that opting out of interest-based advertising does not mean you will no longer see Moon Health’s advertisements; rather, opting out means that the advertisements that you do see are not interest-based advertisements. Also, opting out does not mean that Moon Health is no longer using Tracking Tools — Moon Health still may collect information about your use of the Services even after you have opted out of interest-based advertisements.
Information Provided By or On Behalf of Children
The Services are not intended for use by children and children under the age of 13 are prohibited from using the Services. Moon Health does not knowingly collect any information from children, nor are the Services directed to children.
Use of Information
We use your information, including Personal Information, to provide the Services to you and to help improve them, including to:
- provide you with the products, services and information you request and respond to correspondence that we receive from you;
- provide, maintain, administer or expand the Services, perform business analyses, or for other internal purposes to support, improve or enhance our business, the Services, and other products and services we offer;
- notify you about certain resources or Healthcare Providers we think you may be interested in learning more;
- send you information about Moon Health or our products or Services;
- contact you when necessary or requested, including to remind you of an upcoming appointment;
- customize and tailor your experience of the Services;
- send emails and other communications that display content that we think will interest you and according to your preferences;
- use statistical information that we collect in any way permitted by law, including from third parties in connection with their commercial and marketing efforts; and
- prevent, detect and investigate security breaches and potentially illegal or prohibited activities.
We may use information that is neither Personal Information nor PHI (including non-PHI Personal Information that has been de-identified and/or aggregated) for any reason at our sole discretion.
Disclosure of Information
We may disclose certain information that we collect from you:
- We may share your Personal Information with Healthcare Providers with which you choose to schedule through the Services. For example, if you elect to complete a Medical History Form using the Services in advance of an appointment, we may share your Medical History Form with your Healthcare Providers. You also may choose to store but not share with Moon Health your Medical History Form.
- We may share your Personal Information with your Healthcare Providers to enable them to refer you to and make appointments with other Healthcare Providers on your behalf or to perform analyses on potential health issues or treatments, provided that you choose to use the applicable Services.
- We may share your Personal Information with Healthcare Providers in the event of an emergency.
- We may also share your Personal Information with organizations that collect, aggregate and organize your information so they can make it more easily accessible to your Healthcare Providers.
- We may share your email address with our business partners solely to enable them to help Moon Health customize our advertising, e.g., to enable us to contact you on non-Moon Health websites. We do not sell email addresses to third parties.
- We may share your Personal Information and Traffic Data with our business partners who perform core services (such as hosting, billing, fulfillment, or data storage and security) related to our operation of the Services and/or by making certain features available to our users.
- We may transfer information about you, including your Personal Information, to another company in connection with a merger, sale, acquisition or other change of ownership or control by or of Moon Health (whether in whole or in part). When one of these events occurs, we will use reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.
Any information that you may reveal in a review posting or online discussion or forum is intentionally open to the public and is not in any way private. We recommend that you carefully consider whether to disclose any Personal Information in any public posting or forum. What you have written may be seen and/or collected by third parties and may be used by others in ways we are unable to control or predict.
Storage and Security Information
Controlling Your Personal Information
Links to Other Websites
General Data Protection Regulation (“GDPR”)
The following sections on GDPR applies to individuals in the European Economic Area (“EEA”). If you are not sure whether the GDPR section applies to you, please refer to the text of the regulation here or consult with an attorney as Moon Health is not able to give you legal advice.
Who is the Data Controller?
Legal Bases for Use of Your Information & Controls and Choices
The laws in the European Economic Area (“EEA”) and some other jurisdictions require us to provide you, to the extent those laws apply to you, with the following information:
Legal Grounds for Use and Disclosure of Personal Information
The legal grounds for use and disclosure of personal information include any of the below reasons:
- On the basis of consent, such as to send you certain information, including marketing communications, to share your information with partners when you have requested we do that, or to collect and process your information for research purposes if you have used the Service, or otherwise agreed.
- To protect the vital interests of the individual or others. For example, we may collect or share personal data to help resolve an urgent medical situation.
Controls and Choices
- In addition, Users in the European Economic Area and some other jurisdictions outside the United States have certain legal rights to obtain confirmation of whether we hold personal data about them, to access personal data we hold about them (including, in some cases, in portable form), and to obtain its correction, update, amendment or deletion in appropriate circumstances. They may also object to our uses or disclosures of personal data, to request a restriction on its processing, or withdraw any consent, though such actions typically will not have retroactive effect. They also will not affect our ability to continue processing data in lawful ways (for example, if you opt out of the use of your telephone number for direct marketing, we might still decide to contact you by phone regarding potential fraud on your account).
- Users in the European Economic Area have the right to opt-out of all of our processing of their personal data for direct marketing purposes. To exercise this right, you may contact us.
- The rights and options described above are subject to limitations and exceptions under applicable law. In situations in which we process personal data on behalf of our User, we may refer the request to the relevant User and cooperate with their handling of the request, subject to any special contractual arrangement with that User.
- In addition to these rights, Users in the European Economic Area have the right to lodge a complaint with the relevant supervisory authority. However, we encourage you to contact us first, and we will do our very best to resolve your concern.
How We Protect Your Information and Data Retention
Data Transfers, Storage, and Processing Globally
Under Nevada law, certain Nevada consumers may opt out of the sale of “covered information” for monetary consideration to a person for that person to license or sell such information to additional persons. “Covered information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online. We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law by emailing us at email@example.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.
The California Consumer Protection Act (“CCPA”)
The following section on CCPA, Cal. Civ. Code § 1798.100 applies to California residents who have certain rights regarding the personal information (as defined in the CCPA) collected by Moon Health. It does not cover personal information not subject to the CCPA rights identified below, such as personal information we collect from our employees or job applicants. Likewise, the CCPA does not extend all the rights identified below to personal information collected from employees, owners, directors, officers, or contractors of businesses in the course of our provision or receipt of business-related services.
“Personal information” or “PI” is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
“Consumer” is a California resident, a natural person who is a California resident for other than a temporary or transitory purposes, or someone who is domiciled in California but is currently outside the State for a temporary or transitory purpose.
“Sale” means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the Moon Health to another business or a third party for monetary or other valuable consideration.
California Residents Have the Following Rights Under CCPA
- Right to Opt Out. You have the right, at any time, to direct us to not sell your PI. You can do so by emailing your request to us at firstname.lastname@example.org.
- Sale of PI. Under the CCPA, sale is also broadly defined such that it may include allowing third parties to receive certain information, such as cookies, IP address, and/or browsing behavior, to deliver targeted advertising on the Services or other services we may provide.
- Categories of PI We Provide and Purposes of the Sale. We provide the following categories of information to third parties for these purposes: including identifiers, geolocation information, professional or employment related data, and physical characteristics or descriptions.
- Purpose of the Sale: We may provide the following categories of personal information to third parties for these purposes:
- For online targeted advertising purposes: device identifiers (such as browsing history; geolocation information; social media information), and
- For sharing with third parties to send you relevant offers and promotions and opportunities, such as when you sign up for an event or to receive more information and provide categories of information to us: identifiers, professional or employment related data (such as your job title or current company), and physical characteristics or descriptions (such as if you provide a picture of yourself).
- Right to Know or Right to be Informed. Subject to certain exceptions, you have the right to know what specific pieces of PI Moon Health has collected about you in the 12 months preceding your request, along with the categories of sources of that PI, our business or commercial purpose for disclosing your PI, and the categories of third parties with whom we share your PI. You may make this request no more than twice per 12-month period.
- Right to Request Deletion. You have the right to request deletion of the PI Moon Health has collected from you, subject to certain exceptions under the CCPA including, without limitation:
- Making sure your dental care is not compromised,
- Complying with the requirements of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”) and related state-specific privacy laws and regulations.
- Complying with Moon Health’s legal or other compliance obligations,
- Detecting fraudulent behavior or security incidents, and
- Other reasons that are in connection with our lawful internal uses that are consistent with your relationship with us and the context in which the information was collected.
Exercising Your Rights Under CCPA
You can exercise any of your rights under CCPA by us at email@example.com.
We will take reasonable steps to verify your identity before responding to a request, which may include the following:
- If you are exercising your Right to Delete or a similar right that does not require the disclosure of specific pieces of information about you:
- If you are writing to us from the email address associated with your Moon Health account or transactions that Moon Health has on file for you, then to complete the verification process, we will ask you to confirm the action you wish us to take before we proceed (such as confirming you would like us to delete your information).
- If you are not writing to us from the email address associated with your Moon Health account that Moon Health has on file for you, then to complete the verification process, we will ask you to provide 3 specific pieces of data that we have on file for you, such as email address you used when using the Services or billing information such as the last 4 digits of the credit card used or your billing address.
- If you are exercising your Right to Know or a similar right that does require disclosure of specific pieces of information about you:
- If you are writing to us from the email address associated with your Moon Health account or interactions that Moon Health has on file for you, then to complete the verification process, we will ask you to both: 1) confirm the action you wish us to take before we proceed; and 2) also provide a statement that you “declare under penalty of perjury that you are the person about whom the Right to Know request has been made.”
- If you are not writing to us from the email address associated with your Moon Health account then to complete the verification process, we will ask you to both: 1) provide 3 specific pieces of data that we have on file for you, such as email address you used when using the Services or billing information such as the last 4 digits of the credit card used or your billing address; and 2) also provide a statement that you “declare under penalty of perjury that you are the person about whom the Right to Know request has been made.”
- You are also permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity according to the above methods before processing the authorized agent’s request.
- If we are not able to successfully verify you according to the above methods, then we will not be able to comply with your request.
Moon Health will not discriminate against you if you exercise your rights under CCPA. However, if your request requires us to delete, restrict or not share information, please be advised that this will inhibit some functionality of the Site and continuity of any Services you receive. Any subsequent interaction with the Site after deletion will require new requests for action on your data.
Other Rights of California Residents
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org. Pursuant to California Civil Code Section 1798.83(c)(2), we do not share your personal information with third parties’ direct marketing use unless you elect that we do so.
If you are a California resident under the age of 18, and a registered user of any site where this policy is posted, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please email us at us at email@example.com with a detailed description of the specific content or information. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
Exercising Rights Under Other Privacy Laws
If you would like to exercise a right under a different privacy law, please contact us here.
Welkin Up LLC
11373 trade center drive ste 245, rancho cordova, CA, 95742