TopDoc Privacy Policy

At TopDoc, Inc. (“TopDoc,” “we,” or “us”), we are committed to protecting your privacy, and we take great care with your personal information that we gather when you access or use TopDoc.com and related websites, applications, and services owned and operated by TopDoc and that link to this Privacy Policy (collectively, the “Services”).  This Privacy Policy is meant to help those that use our Services to explore providers or book appointments (“Users”) and doctors, dentists, or other healthcare specialists, professionals, providers, organizations or agents, or affiliates thereof that use our marketing, concierge and other services (“Healthcare Providers,” and collectively with Users, “you,” or “your”) understand how we treat your personal information.  BY USING OR ACCESSING THE SERVICES IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU ACCEPT THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY, AND YOU HEREBY CONSENT THAT WE WILL COLLECT, USE, AND SHARE YOUR INFORMATION IN THE FOLLOWING WAYS.  IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, YOU MAY NOT USE THE SERVICES.  IF YOU USE THE SERVICES ON BEHALF OF SOMEONE ELSE (SUCH AS YOUR CHILD) OR AN ENTITY (SUCH AS YOUR EMPLOYER), YOU REPRESENT THAT YOU ARE AUTHORIZED BY SUCH INDIVIDUAL OR ENTITY TO ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF.  Any use of TopDoc’s Services is at all times subject to the Agreement (as the term “Agreement” is defined in our Terms of Use, which incorporates this Privacy Policy).  You may print a copy of this Privacy Policy by clicking here.  Thank you so much for choosing TopDoc.

Privacy Policy Table of Contents

• HIPAA and PHI
• Personal Data
• COVID-19 Data
• User Personal Data
• Categories of Personal Data We Collect
• Categories of Sources of Personal Data
• Commercial or Business Purposes for Collecting Data
• How We Share Your Personal Data
• Healthcare Provider Personal Data
• Categories of Personal Data We Collect
• Categories of Sources of Personal Data
• Commercial or Business Purposes for Collecting Data
• How We Disclose Your Personal Data
• Tracking Tools, Advertising, and Opt-Out
• Data Security
• Data Retention
• Children’s Privacy
• How We Use Information That is Neither Personal Data nor PHI
• Controlling Your Personal Data & Notifications
• California Rights and Disclosures
• Virginia Resident Rights and Disclosures
• Colorado Rights and Disclosure
• Exercising Your Rights
• Changes to this Privacy Policy
• Contact Information

HIPAA and PHI

Certain demographic, health and/or health-related information that TopDoc collects about Users as part of providing the Services to our Healthcare Providers may be “protected health information” or “PHI” and governed by the Health Insurance Portability and Accountability Act and its implementing regulations (“HIPAA”).  Specifically, when (i) TopDoc is providing administrative, operational, and other services to a Health Care Provider and this Healthcare Provider is a “Covered Entity” (as such term is defined in HIPAA); and (ii) in order to provide those services, TopDoc receives identifiable information about a User on behalf of the Healthcare Provider, TopDoc is acting as a “Business Associate” (as such term is defined in HIPAA) of the Health Care Provider, and this identifiable information is regulated as PHI.

HIPAA provides specific protections for the privacy and security of PHI and restricts how PHI is used and disclosed.

Personal data that a User provides to TopDoc when TopDoc is not acting as a Business Associate is not PHI.  To provide just a few examples, when you (i) create an account, (ii) search for Healthcare Providers or available appointments with Healthcare Providers, (iii) complete general medical history forms that are not

required by or provided by a particular Healthcare Provider (“General Medical History Forms”), (iv) post reviews, or (v) provide device/IP Information or Web Analytics information by browsing our websites (see below).

Personal Data

The following subsections detail the categories of Personal Data that we collect and have collected over the past twelve (12) months.  “Personal Data” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules, or regulations.  For each category of Personal Data, these subsections also set out the source of that Personal Data, our commercial or business purpose for collecting that Personal Data, and the categories of third parties with whom we share that Personal Data.  More information regarding those sources and categories are set forth below.

COVID-19 Data

Personal Data that a User provides to TopDoc for the purpose of Covid-19 vaccine scheduling may be shared with local, state, and federal public health authorities.  These authorities may require or request information maintained by TopDoc in connection with your appointments to receive the Covid-19 vaccination.  By using this service, you agree that TopDoc may provide any data related to your Covid-19 vaccine to government authorities and that the data sent to those authorities may contain Personal Data.

User Personal Data

THE FOLLOWING SUBSECTIONS APPLY ONLY TO USERS.  IF YOU ARE A HEALTHCARE PROVIDER, PLEASE SEE THE HEALTHCARE PROVIDER PERSONAL DATA SECTION BELOW.

Categories of Personal Data We Collect

Categories of Sources of Personal Data

Commercial or Business Purposes for Collecting Data 

• Providing, Customizing, and Improving the Services
  • Creating and managing your account or other user profiles.   
  • Billing our healthcare provider clients.
  • Providing you with the products, services, and information you request.   
  • Meeting or fulfilling the reason you provided the information to us.
  • Providing support and assistance for the Services.
  • Improving the Services, including testing, research, internal analytics, and product development.
  • Personalizing the Services, website content, and communications based on your preferences.
  • Fraud protection, security, and debugging.
• Marketing the Services
  • Marketing and selling the Services.
  • Showing you advertisements, including interest-based or online behavioral advertising.
• Corresponding with You
  • Responding to correspondence that we receive from you, contacting you when necessary or requested, including to remind you of an upcoming appointment, and sending you information about TopDoc or the Services.
  • Sending emails and other communications that display content that we think will interest you and according to your preferences including notifying you about certain resources, Healthcare Providers or Services.
• Legal Requirements
  • Fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities.
  • Protecting the rights, property or safety of you, TopDoc or another party. 
  • Enforcing any agreements with you.
  • Responding to claims that any posting or other content violates third-party rights.
  • Resolving disputes.

How We Share Your Personal Data

In certain circumstances, we may share your Personal Data with the following categories of service providers and other third parties for the indicated business purposes:

Healthcare Provider Personal Data

THE FOLLOWING SUBSECTIONS APPLY ONLY TO HEALTHCARE PROVIDERS.  IF YOU ARE A USER, PLEASE SEE THE USER PERSONAL DATA SECTION ABOVE.

Categories of Personal Data We Collect

Categories of Sources of Personal Data

Commercial or Business Purposes for Collecting Data

• Providing, Customizing, and Improving the Services
  • Creating and managing your account or other user profile.   
  • Producing invoices and billing statements for our clients.
  • Providing you with the products, services, and information you request.   
  • Meeting or fulfilling the reason you provided the information to us.
  • Providing support and assistance for the Services.
  • Improving the Services, including testing, research, internal analytics, and product development.
  • Personalizing the Services, website content, and communications based on your preferences.
  • Fraud protection, security, and debugging.
• Marketing the Services
  • Marketing and selling the Services.
  • Showing you advertisements, including interest-based or online behavioral advertising.
• Corresponding with You
  • Responding to correspondence that we receive from you, contacting you when necessary or requested, including to remind you of an upcoming appointment, and sending you information about TopDoc or the Services.
  • Sending emails and other communications that display content that we think will interest you and according to your preferences including notifying you about certain resources, Healthcare Providers, or services.
• Legal Requirements
  • Fulfilling our legal obligations under applicable law, regulation, court order, or other legal processes, such as preventing, detecting, and investigating security incidents and potentially illegal or prohibited activities.
  • Protecting the rights, property, or safety of you, TopDoc, or another party. 
  • Enforcing any agreements with you.
  • Responding to claims that any posting or other content violates third-party rights.
  • Resolving disputes.
• Onboarding Verification
  • Confirming providers have the necessary credentials to practice in the state where advertised.

How We Disclose Your Personal Data

In certain circumstances, we may disclose your Personal Data to the following categories of service providers and other third parties for the indicated business purposes:

THE FOLLOWING SECTIONS APPLY TO ONLY TO USERS.

Legal Obligations

We may share any Personal Data that we collect with third parties in conjunction with any of the activities set forth under “Meeting Legal Requirements and Enforcing Legal Terms” in the “Our Commercial or Business Purposes for Collecting Personal Data” sections above.

Business Transfers

All Personal Data may be transferred to a third party if we undergo a merger, acquisition, bankruptcy, or other transaction in which that third party assumes control of our business (in whole or in part).  Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.

Data that is Not Personal Data

We may create aggregated and/or de-identified data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user.  We may use such aggregated, de-identified, or anonymized data and share it with third parties for our lawful business purposes, including to analyze, build, and improve the Services and promote our business, provided that we will not share such data in a manner that could identify you.

Tracking Tools, Advertising, and Opt-Out

The following sections provide additional information about how we collect your Personal Data.

Information Collected Automatically

The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs, mobile identifiers, and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser and tell us how and when you visit and use our Services.  We do this to analyze trends, learn about and advertise to our user base, and operate and improve our Services.  For example, we use Cookies to tailor the Services or customize advertisements by tracking navigation habits, measuring performance, storing authentication status so re-entering credentials is not required, customizing user experiences with the Services, and for analytics and fraud prevention.  Cookies are small pieces of data – usually text files – placed on your computer, tablet, phone, or similar device when you use that device to visit our Services.  We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s).

We use the following types of Cookies:

• Essential Cookies.  Essential Cookies are required to provide you with features or services you have requested.  For example, certain Cookies enable you to log into the secure areas of our Services.  Disabling these Cookies may make certain features and services unavailable.
• Functional Cookies.  Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services.  These Cookies help us to personalize our content for you, greet you by name, and remember your preferences (for example, your choice of language or region).
• Performance/Analytical Cookies.  Performance/Analytical Cookies allow us to understand how visitors use our Services such as by collecting information about the number of visitors to the Services, what pages visitors view on our Services, how long visitors are viewing pages on the Services, mouse clicks, mouse movements, scrolling activity, and text typed into the Services.  Performance/Analytical Cookies also help us measure the performance of our advertising campaigns to help us improve our campaigns and the content for those who engage with our advertising.  For example, Google Inc. (“Google”) uses cookies in connection with its Google Analytics services.  Google’s ability to use and share information collected by Google Analytics about your visits to the Services is subject to the Google Analytics Terms of Use and the Google Privacy Policy.  You have the option to opt-out of Google’s use of cookies by visiting the Google advertising opt-out page or the Google Analytics Opt-out Browser Add- on page.
• Retargeting/Advertising Cookies.  Retargeting/Advertising Cookies collect data about your online activity and identify your interests to provide advertising that we believe is relevant to you.  For more information about this, please see the section below titled “Information about Interest-Based Advertisements.”
• Web BeaconsWeb Beacons (e.g., clear GIFs or pixel tags) are tiny graphic image files embedded in a webpage or email that may be used to collect information about the use of our Services, the web services of selected advertisers, and the emails, special promotions, or newsletters that we send.  The information collected by Web Beacons allows us to analyze how many people are using the Services, using selected publishers’ web services or opening emails, and for what purpose.  Also, it allows us to enhance our interest-based advertising (discussed further below).
• Mobile Device IdentifiersMobile device identifiers help TopDoc learn more about our Users’ demographics and internet behaviors.  Mobile device identifiers are data stored on mobile devices that may track mobile devices and data, activities occurring on and through it, and the applications installed on it.  Mobile device identifiers enable the collection of Personal Data, such as media access control, address, location, and tracking data, including without limitation IP address, domain server, type of device(s) used to access the Services, web browser(s) used to access the Services, referring webpage or other source through which you accessed the Services, other statistics, and information associated with the interaction between your browser or device and the Services.
• Cross Device Matching.  To determine if users have interacted with content across multiple devices and to match such devices, we may work with partners who analyze device activity data and/or rely on your information (including demographic, geographic, and interest-based data).  We may also provide de- identified data to these partners to supplement this analysis.  Based on this data, we may display targeted advertisements across devices that we believe are associated or use this data to further analyze usage of Services across devices.

You can decide whether or not to accept Cookies through your internet browser’s settings.  Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on your browser software) allowing you to decide on acceptance of each new Cookie in a variety of ways.  You may also be able to reject mobile device identifiers by activating the appropriate setting on your mobile device.  You can also delete all Cookies that are already on your computer.  Although you are not required to accept TopDoc’s Cookies, if you block, reject, or delete them, you may have to manually adjust some preferences every time you access the Services, as some functionalities may not work.

To explore what Cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu.  To find more information about Cookies, including how to manage and delete Cookies, please visit here.

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications, and services that you do not wish such operators to track certain of your online activities over time and across different websites.  Not all browsers offer a Do Not Track option, and there is currently no industry consensus as to what constitutes a Do Not Track signal.

Please note that, for these reasons and because of our use of Cookies, our Services, like many website operators, do not support “Do Not Track” requests sent from a browser at this time.  To find out more about “Do Not Track,” you can visit here.

Information about Interest-Based Advertisements

We may serve advertisements, and also allow third-party ad networks, including third-party ad servers, ad agencies, ad technology vendors and research firms, to serve advertisements through the Services.  These advertisements may be targeted to users who fit certain general profile categories or display certain preferences or behaviors (“Interest-Based Ads”).  Information for Interest-Based Ads (including Personal Data) may be provided to us by you or derived or inferred from the online activity or usage patterns of particular users on the Services and/or services of third parties.  Such information may include IP address, mobile device ID, operating system, browser, webpage interactions, geographic location, and demographic information, such as gender and age range.  Such information may be gathered through tracking users’ activities across time and unaffiliated properties, including when you leave the Services.  To accomplish this, we or our service providers may deliver Cookies, including Web Beacons, from an ad network to you through the Services.  Web Beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers.  This information helps TopDoc learn more about our Users’ demographics and internet behaviors.  Web Beacons also enable ad networks to serve targeted advertisements to you when you visit other websites.  Web Beacons allow ad networks to view, edit or set their own Cookies on your browser, just as if you had requested a webpage from their site.

We comply with the Digital Advertising Alliance (“DAA”) Self-Regulatory Principles for Online Behavioral Advertising.  Through the DAA and Network Advertising Initiative (“NAI”), several media and marketing associations have developed an industry self-regulatory program to give users a better understanding of and greater control over ads that are customized based on a user’s online behavior across different websites and properties.  To make choices about Interest-Based Ads from participating third parties, including to opt-out of receiving behaviorally targeted advertisements from participating organizations, please visit the DAA’s or NAI’s User opt-out pages, which are located here, or install the DAA’s AppChoice app (for iOS; for Android) on your mobile computing device.  When you use these opt-out features, an “opt-out” Cookie will be placed on your computer, tablet, or mobile computing device, indicating that you do not want to receive Interest- Based Ads from NAI or DAA member companies.  If you delete Cookies on your computer, tablet, or mobile computing device, you may need to opt-out again.  For information about how to opt out of Interest-Based Ads on mobile devices, please visit here.  You will need to opt out of each browser and device for which you desire to apply these opt-out features.

Please note that even after opting out of Interest-Based Ads, you may still see TopDoc advertisements that are not interest-based (i.e., not targeted toward you).  Also, opting out does not mean that TopDoc is no longer using tracking tools.  TopDoc may still collect information about your use of the Services even after you have opted out of Interest-Based Ads and may still serve advertisements to you via the Services based on information collected via the Services.

Data Security

The security of your Personal Data is important to us.  We seek to protect your Personal Data from unauthorized access, use, and disclosure using appropriate physical, technical, organizational, and administrative security measures based on the type of Personal Data and how we process that data. We endeavor to follow generally accepted industry standards to protect the Personal Data submitted to us, both during transmission and in storage.  For example, the Services use industry-standard Secure Sockets Layer (SSL) technology to allow for the encryption of Personal Data.  We store and process your information on our servers in the United States and abroad.  We maintain what we consider industry-standard backup and archival systems.  You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanisms; limiting access to your computer or device and browser; and signing off after you have finished accessing your account.  Although we work to protect the security of your account and other data that we hold in our records, for example, by making good faith efforts to store Personal Data in a secure operating environment that is not open to the public, please be aware that no method of transmitting data over the Internet or storing data is completely secure.  We cannot and do not guarantee the complete security of any data you share with us, and except as expressly required by law, we are not responsible for the theft, destruction, loss, or inadvertent disclosure of your information or content.

If at any time during or after our relationship, we believe that the security of your Personal Data may have been compromised, we may seek to notify you of that development.  If a notification is appropriate, we will endeavor to notify you as promptly as possible under the circumstances.  If we have your e-mail address, we may notify you by e-mail to the most recent e-mail address you have provided us in your account profile.  Please keep your e-mail address in your account up to date.  You can update that e-mail address anytime in your account profile.  If you receive a notice from us, you can print it to retain a copy.  To receive these notices, you must check your e-mail account using your computer or mobile device and email application software.  You consent to our use of e-mail as a means of such notification.  If you prefer for us to use the U.S. Postal Service to notify you in this situation, please e-mail us at legal@topdoc.com.  Please include your address when you submit your request.  You can make this election at any time, and it will apply to notifications we make after a reasonable time thereafter for us to process your request.  You may also use this e-mail address to request a print copy, at no charge, of an electronic notice we have sent to you regarding a compromise of your Personal Data.

Data Retention

We retain Personal Data about you as necessary to provide our Services or to perform our business or commercial purposes for collecting your Personal Data.  When establishing a retention period for specific categories of data, we consider who we collected the data from, our need for the Personal Data, why we collected the Personal Data, and the sensitivity of the Personal Data.  In some cases, we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, provide our Services, or is otherwise permitted or required by applicable law, rule or regulation.  We may further retain information in an anonymous or aggregated form where that information would not identify you personally.

For example:

• We retain your account information and credentials for as long as you have an account with us.
• We retain your device/IP data for as long as we need it to ensure that our systems are working appropriately, effectively, and efficiently.
• We retain any protected health information (“PHI”) consistent with our obligations under our Business Associate Agreements with Covered Entities and HIPAA.

Children’s Privacy

The Services are not directed to or intended for use by children under 13 years of age.  If you are a child under the age of 13, please do not attempt to register for or otherwise use the Services or send us any Personal Data.  By accessing, using, and/or submitting information to or through the Services, you represent that you are over the age of 13.  As noted in the Terms of Use, we do not knowingly collect or solicit Personal Data from children under the age of 13.  If we learn that we have received any Personal Data directly from a child under age 13 without first receiving their parent’s verified consent, we will use that Personal Data only to respond directly to that child (or their parent or legal guardian) to inform the child that they cannot use the Services.  We will then subsequently delete that child’s Personal Data.  If you believe that a child under 13 may have provided us with Personal Data, please contact us at legal@topdoc.com.

If you are between the age thirteen (13) and the age of majority in your place of residence, you may use the Services only with the consent of or under the supervision of your parent or legal guardian.  If you are a parent or legal guardian of a minor child, you may, in compliance with the Agreement, use the Services on behalf of such minor child.  Any information that you provide us while using the Services on behalf of your minor child will be treated as Personal Data as otherwise provided herein.

If you use the Services on behalf of another person, regardless of age, you agree that TopDoc may contact you for any communication made in connection with providing the Services or any legally required communications.  You further agree to forward or share any such communication with any person for whom you are using the Services on behalf.

How We Use Information That is Neither Personal Data nor PHI

Certain information that TopDoc collects may be neither Personal Data nor PHI, including information that does not include any identifiable information at collection or which we have de-identified and/or aggregated from Personal Data or PHI.  We may use this information for any purpose permitted by applicable law, including but not limited to purposes of better understanding who uses TopDoc and how we can deliver a better digital healthcare experience.

Controlling Your Personal Data & Notifications

If you are a registered user of the Services, you can modify certain Personal Data or account information by logging in and accessing your account.  If you wish to close your account, please e-mail us at legal@topdoc.com.  TopDoc will use reasonable efforts to delete your account as soon as reasonably possible.  Please note, however, that TopDoc reserves the right to retain information from closed accounts consistent with our internal data retention policies and procedures.

You must promptly notify us if any of your account data is lost, stolen, or used without permission.

California Rights and Disclosures

The California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act (“CCPA”), provides California residents with specific rights regarding their personal information.  Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights.  This section describes your CCPA rights and explains how to exercise those rights.  If you have any questions about this section or whether any of the following applies to you, please contact us at legal@topdoc.com and indicate “California Rights” in the subject line of your communication.

Access

You have the right to request certain information about our collection and use of your Personal Data over the past 12 months, including the following:

• The categories of Personal Data that we have collected about you.
• The categories of sources from which that Personal Data was collected.
• The business or commercial purpose for collecting or selling your Personal Data.   The categories of third parties with whom we have shared your Personal Data.
• The specific pieces of Personal Data that we have collected about you.

If we have disclosed your Personal Data for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each third- party recipient.  If we have sold your Personal Data over the past 12 months, we will identify the categories of Personal Data purchased by third-party recipients.

Deletion

You have the right to request that we delete the Personal Data that we have collected from you.  Under the CCPA, this right is subject to certain exceptions:  for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested.  If your deletion request is subject to one of these exceptions, we may deny your deletion request.

Correction

You have the right to request that we correct any inaccurate Personal Data we have collected about you.  Under the CCPA, this right is subject to certain exceptions:  for example, if we decide, based on the totality of circumstances related to your Personal Data, that such data is correct.  If your correction request is subject to one of these exceptions, we may deny your request.

Processing of Sensitive Personal Information Opt-Out

We collect Personal Data that is considered “Sensitive Personal Information” under the CCPA.  Because we use or disclose Sensitive Personal Information for purposes other than those set forth in section 7027(m) of the CCPA regulations, California residents have the right to request that we limit the use or sharing of their Sensitive Personal Information (“Right to Limit”).  The Right to Limit allows California residents to direct a business that collects Sensitive Personal Information to limit its use of this information to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services, to perform the services set forth in paragraphs (2), (4), (5), and (8) of subdivision (e) of Section 1798.140, and as authorized in the CCPA regulations.

Personal Data Sharing or Selling

Under the CCPA, California residents have certain rights when a business “shares” or “sells” Personal Data with third parties for purposes of cross-contextual behavioral advertising.  Under the laws of the CCPA, such “sharing” is also considered “selling.” Accordingly, we have shared and sold the foregoing categories of Personal Data for the purposes of cross-contextual behavioral advertising:

• Demographic data
• Web analytics or other similar network activity information

As described in the “Tracking Tools, Advertising and Opt-Out” section above, we have incorporated Cookies from certain third parties into our Services.  These Cookies allow those third parties to receive information about your activity on our Services that is associated with your browser or device.  Those third parties may use that data to serve you relevant ads on our Services or on other websites you visit.  Under the CCPA, sharing your data through third-party Cookies for online advertising may be considered a “sale” of information.  You can opt out of data selling and/or sharing by following the instructions in this section.

We share Personal Data with the following categories of third parties:

• Advertising partners

Over the past 12 months, we have shared your Personal Data with the categories of third parties listed above for the following purposes:

• Marketing and advertising the Services.
• Showing you advertisements, including interest-based or online behavioral advertising.

Once you have submitted an opt-out request, we will not ask you to reauthorize the sharing of your Personal Data for at least 12 months.  To our knowledge, we do not share the Personal Data of minors under 16 years of age.

We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA.

We will not discriminate against you for exercising your rights under the CCPA.  We will not deny you our goods or services, charge you different prices or rates, or provide you with a lower quality of goods and services if you exercise your rights under the CCPA.

Financial Incentives

At TopDoc, we value your data because it allows us to better understand your goals and preferences and improve our products and services to better serve you.  From time to time, we may offer a financial incentive for your participation in our user research.  The financial incentive we offer is based on our determination of the estimated value of your data.  If you participate in the research, you may be asked to submit personal information in surveys, forms, or through your account.

The personal information you submit in connection with this research will only be used internally to improve our product; we will never share or sell this data to third parties.

Through your participation in the research, we may collect the following categories of personal information about you:

• Identifiers, such as your name, address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
• Characteristics of protected classifications under California or federal law.   Commercial information, such as products or services you’ve purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
• Internet or other electronic network activity information, such as your browsing history, search history, and information regarding your interaction with an internet website, application, or advertisement.
• Geolocation data.
• Audio, electronic, visual, thermal, olfactory, or similar information.  For example, we may collect your voice recordings.
• Professional or employment-related information.
• Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99).
• Any other personal information you may enter into a free-form field of our surveys or forms.
• Inferences drawn from any of the foregoing categories of personal information.

Participation in the financial incentive is entirely optional.  If you participate in a financial incentive, you agree that we are not required to comply with your right to know or delete personal information collected in exchange for the financial incentive.  If you are a participant in a financial incentive we offer, you may withdraw from the financial incentive at any time by emailing us at the email address provided to you with your individual notice of the financial incentive.

Other California Resident Rights

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes.  To submit such a request, please contact us at legal@topdoc.com.

Virginia Resident Rights and Disclosures

If you are a Virginia resident, you have the rights set forth under the Virginia Consumer Data Protection Act (“VCDPA”).  Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights.  Please note that we may process Personal Data of our customers’ end users or employees in connection with our provision of certain services to our customers.  If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data.  Additionally, please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request.

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a Virginia resident, the portion that is more protective of Personal Data shall control to the extent of such conflict.  If you have any questions about this section or whether any of the following rights apply to you, please contact us at legal@topdoc.com and indicate “Virginia Rights” in the subject line of your communication.

Access

You have the right to request confirmation of whether or not we are processing your Personal Data and to access your Personal Data.

Correction

You have the right to correct inaccuracies in your Personal Data, to the extent such correction is appropriate in consideration of the nature of such data and our purposes of processing your Personal Data.

Portability

You have the right to request a copy of your Personal Data in a machine-readable format to the extent technically feasible.

Deletion

You have the right to delete your Personal Data.

Opt-Out of Certain Processing Activities

• You have the right to opt-out to the processing of your Personal Data for targeted advertising purposes.  As discussed in the “Personal Data Sharing” section of the “California Rights” section of this Privacy Policy, we process your Personal Data for targeted advertising purposes.  To opt-out of our processing of Personal Data for targeted advertising purposes, please see the “Exercising Your Rights” section.
• You have the right to opt-out to the sale of your Personal Data.  We do not currently sell your Personal Data as defined under the VCDPA.
• You have the right to opt-out from processing your Personal Data for the purposes of profiling in furtherance of decisions that produce legal or similarly significant effects to you, if applicable.

Appealing a Denial

If we refuse to take action on a request within a reasonable period of time after receiving your request in accordance with this section.  In such appeal, you must (1) provide sufficient information to allow us to verify that you are the person about whom the original request pertains and to identify the original request and (2) provide a description of the basis of your appeal.  Please note that your appeal will be subject to your rights and obligations afforded to you under the VCDPA.  We will respond to your appeal within 60 days of receiving your request.  If we deny your appeal, you have the right to contact the Virginia Attorney General using the methods described here.

You may appeal a decision by us using the following methods:

• Email us at:  legal@topdoc.com (title must include “VCDPA Appeal”)
• Call us at:  (347) 604-7436

Colorado Rights and Disclosure

If you are a Colorado resident, you have the rights set forth under the Colorado Privacy Act (“CPA”).  Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights.  Please note that we may process Personal Data of our customers’ end users or employees in connection with our provision of certain services to our customers.  If we are processing your Personal Data as a processor, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data.  Additionally, please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request.

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a Colorado resident, the portion that is more protective of Personal Data shall control to the extent of such conflict.  If you have any questions about this section or whether any of the following rights apply to you, please contact us at legal@topdoc.com and indicate “Colorado Rights” in the subject line of your communication.

Access

You have the right to request confirmation of whether or not we are processing your Personal Data and to access your Personal Data.

Correction

You have the right to correct inaccuracies in your Personal Data, to the extent such correction is appropriate in consideration of the nature of such data and our purposes of processing your Personal Data.

Portability

You have the right to request a copy of your Personal Data in a machine-readable format to the extent technically feasible.

Deletion

You have the right to delete your Personal Data.

Opt-Out of Certain Processing Activities

• You have the right to opt-out of the processing of your Personal Data for targeted advertising purposes and disclosures of your Personal Data which constitute a “sale.” As discussed in the “California Right” section of this Privacy Policy (specifically, see “Personal Data Sharing or Selling”), we may process your Personal Data for targeted advertising purposes, and some of our data sharing relationships may constitute a “sale.” To opt-out of such processing activities, please see the “Exercising Your Rights” section.
• You have the right to opt-out to the sale of your Personal Data.  We do not currently sell your Personal Data as defined under the CPA.
• You have the right to opt-out from processing your Personal Data for the purposes of profiling in furtherance of decisions that produce legal or similarly significant effects to you, if applicable.

Appealing a Denial

If we refuse to take action on a request within a reasonable period of time after receiving your request in accordance with this section.  In your appeal, you must (1) provide sufficient information to allow us to verify that you are the person about whom the original request pertains and to identify the original request and (2) provide a description of the basis of your appeal.  Please note that your appeal will be subject to your rights and obligations afforded to you under the CPA.  We will respond to your appeal within 45 days of receiving your request.  If you have any questions about your appeal, you have the right to contact the Colorado Attorney General using the methods described here.

You may appeal a decision by us using the following methods:

• Email us at:  legal@topdoc.com (title must include “CPA Appeal”)
• Call us at:  (347) 604-7436

Exercising Your Rights

To exercise the rights under the CCPA, VCDPA, or CPA as described above, you must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Data and (2) describes your request in sufficient detail to allow us to understand, evaluate, and respond to it.  Each request that meets both of these criteria will be considered a “Valid Request.” We will only use Personal Data provided in a Valid Request to verify you and complete your request.  You do not need an account to submit a Valid Request.

We will respond to your Valid Request within the applicable time period required by law.  We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive, or manifestly unfounded.  If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.

To the extent rights are afforded to you, you may submit a Valid Request by emailing us at legal@topdoc.com.

Changes to this Privacy Policy

We reserve the right to amend our Privacy Policy at our discretion and at any time.  When we make changes to the Privacy Policy, we will notify you by email or through a notice on our website homepage.  Use of the information we collect is subject to the Privacy Policy in effect at the time such information is collected.

Contact Information

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data, your choices, and rights regarding such use, please do not hesitate to contact us at:

• E-mail:   legal@topdoc.com
• Address:  TopDoc, Inc., 232 Mott Street, New York, NY 10012
• Phone:  (347) 604-7436