This Privacy Policy (“Privacy Policy” or “Policy”) explains how The Obria Group, Inc. and its affiliates (“OBRIA” or “Company” or “We” or “Us” or “our”) may gather, collect, record, hold, distribute, share, disclose or otherwise use any information or data about any users, visitors, subscribers, and customers (collectively “Users” or “You” or “Your who may use the OBRIA website located at obria.org/oregon (the “Company Website”) or any affiliated websites, any OBRIA mobile applications, or any other OBRIA platforms or programs (this Website together with these affiliated websites, OBRIA mobile applications, and other OBRIA platforms and programs, are hereinafter collectively referred to as the “Company Programs“).
Privacy while accessing or using the Company Website and all other Company Programs is of great importance to OBRIA. Because We may gather some important information from our Users who may be using the Company Website or other Company Programs to learn about or, to gain access to certain features of, OBRIA’s professional health care services ( hereinafter the “OBRIA Professional Services”) we have established this Privacy Policy as a means to communicate Our information gathering and dissemination practices.
NO CHANGES (ADDITIONS OR DELETIONS) BY YOU TO THIS POLICY WILL BE ACCEPTED BY THE COMPANY. IF YOU DO NOT AGREE TO ALL THE PROVISIONS OF THIS PRIVACY POLICY, OR YOU DO NOT WISH YOUR PERSONAL INFORMATION TO BE USED PURSUANT TO THIS PRIVACY POLICY, THEN YOU SHOULD NOT USE ANY THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAMS AND YOU SHOULD NOT PROVIDE ANY OF YOUR PERSONAL INFORMATION TO THE COMPANY.
THIS IS A BINDING CONTRACT BETWEEN YOU AND THE COMPANY AND YOU SHOULD DOWNLOAD AND PRINT THIS PRIVACY POLICY FOR YOUR RECORDS
THIS PRIVACY POLICY DOES NOT APPLY TO INFORMATION CONSIDERED TO BE “PROTECTED HEALTH INFORMATION” THAT YOU SHARE WITH OBRIA IN CONNECTION WITH YOUR HEALTH RECEIPT OF HEALTHCARE SERVICES, EITHER ONLINE (INCLUDING WITHOUT LIMITATION THROUGH THE USE OF ANY OF THE COMPANY SERVICES) OR VIA IN-PERSON VISITS TO A FACILITY OPERATED BY OBRIA OR AN OBRIA LICENSEE. THIS HEALTH INFORMATION IS PROTECTED ACCORDING TO OBRIA’S NOTICE OF PRIVACY PRACTICE UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (“HIPAA PRIVACY NOTICE”), WHICH CAN BE FOUND HERE: https://obria.org/oregon/hipaa-notice/ IT IS IMPORTANT THAT YOU REVIEW THE HIPAA PRIVACY NOTICE AS IT CONTAINS ADDITIONAL PROVISIONS AND PROTECTIONS RELATED TO THE USE AND DISCLOSURE OF YOUR PROTECTED HEALTH INFORMATION THAT GO BEYOND THE TERMS OF THIS PRIVACY POLICY.
Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year.
During a User’s access or use of the Company Website or any other Company Program, the Company may, either directly or by using its service providers, gather, collect, record, hold, distribute, share, disclose or otherwise use personal information or data about You which You provide to Us, as described in Section 1.1 below, or which is automatically collected, as described in Section 1.2 below (hereinafter collectively referred to as the User’s “Personal Information”).
We collect Personal Information that You provide to Us during Your use of the Company Website or any other Company Program. For example, We may require Users who use the Company Website or any other Company Services to give Us certain Personal Information that may be used to identify them, including without limitation the following types of Personal Information:
Any other Information you my provide when you seek or otherwise request any information about the Company, including without limitation any information about any professional services that may be offered by or on behalf of the Company (“OBRIA Professional Services”).
When a User accesses or otherwise uses the Company Website or any other Company Program, We may automatically collect certain Personal Information about the user. In particular, You may be able to use the Company Website or other Company Programs without You affirmatively providing Personal Information, but your use of the Company Website or other Company Programs Services may still lead to the automatic collection of certain Personal Information. Examples of the ways We may automatically collect Personal Information are:
“Personal Information” for purposes of this Privacy Policy does not include any of the following types of information:
(a) HEALTH INFORMATION OR MEDICAL INFORMATION COVERED BY OR OTHERWISE SUBJECT TO THE U.S. FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) AND ITS RELATED REGULATIONS; AND/OR
(b) HEALTH INFORMATION OR MEDICAL INFORMATION COVERED BY OR OTHERWISE SUBJECT TO THE THE CALIFORNIA CONFIDENTIALITY OF MEDICAL INFORMATION ACT (CMIA) AND ITS RELATED REGULATIONS.
IN SUCH INSTANCES, SUCH HEALTH OR MEDICAL INFORMATION MAY, INSTEAD, BE SUBJECT TO THE COMPANY’S HIPAA PRIVACY NOTICE (AS DEFINED ABOVE ON THE FIRST PAGE OF THIS POLICY), WHICH CAN BE FOUND HERE: https://obria.org/oregon/hipaa-notice/.
User’s Personal Information may be gathered, collected, recorded, held, or otherwise used by or on behalf of the Company (including by Our service providers) to provide, maintain, and improve our Services to You, including for the following purposes:
In addition to the above, Your Personal Information may be gathered, collected, recorded, held or otherwise used for the following additional purposes:
2.3.1 Subject to Section 1.3(iii) above in this Privacy Policy, the Company may also use or share Your Personal Information only for the purposes as described in this Section 2 and in Section 3 herein, unless We reasonably determine We need to use it for another reason and that reason is compatible with the original purpose(s) described herein. For example, we consider de-identification, aggregation, and other forms of anonymization of Personal Information to be compatible with the purposes listed herein and in Your interest because the anonymization of such information reduces the likelihood of improper disclosure of that information. If We need to use Your Personal Information for an unrelated purpose, we will notify You and We will explain the legal basis which allows Us to do so.
2.3.2 PLEASE NOTE THAT WE MAY PROCESS YOUR PERSONAL INFORMATION WITHOUT YOUR KNOWLEDGE OR ADDITIONAL CONSENT IN COMPLIANCE WITH THIS PRIVACY POLICY AND WHERE DOING SO IS REQUIRED OR PERMITTED BY LAW INCLUDING WITHOUT LIMITATION ANY SUBPOENA OR OTHER TYPES OF COURT ORDERS.
We may distribute, share or disclose Personal Information about You as follows or as otherwise described herein:
In addition to the other notices that we have provided in this Privacy Policy, We hereby provide the following notices to all California residents regarding their rights under the CCPA:
Each User has the right to request that the Company disclose certain information to You about the Company’s collection and use of Your Personal Information over the past 12 months. Once the Company receives and confirms Your verifiable consumer request (see Section 4.4: Exercising Your Access, Data Portability, and Deletion Rights), the Company will disclose to You (per your request):
Each User has the right to request that the Company delete any of Your Personal Information that the Company collected from You and retained, subject to certain exceptions. Once the Company receives and confirms Your verifiable consumer request (see Section 4.4: Exercising Your Access, Data Portability, and Deletion Rights), the Company will delete (and direct our service providers to delete) Your Personal Information from our records, unless an exception applies. However, the Company may deny Your deletion request if retaining the information is necessary for the Company or its service provider(s) to:
In view of the definition of “sale” under CCPA, our Company may, either now or in the future, exchange, share, and/or “sell” (as defined under the CCPA) certain Personal Information to certain third parties. CLICK HERE for the Company’s “DO NOT SELL MY PERSONAL INFORMATION” notice to California residents about their right to stop any such “sales”, if any such “sales” exist:obria.org/oregon/ccpa.
To exercise the access, data portability, deletion rights, and other rights described in this Section 4, the User must submit a verifiable consumer request to the Company by either:
Only You, or a person registered with the California Secretary of State that You authorize to act on Your behalf, may make a verifiable consumer request to the Company related to Your Personal Information. You may also make a verifiable consumer request on behalf of Your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
The Company cannot respond to Your request or provide You with Personal Information if the Company cannot verify Your identity or authority to make the request and confirm the Personal Information relates to You. Making a verifiable consumer request does not require You to create an account with us. The Company will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
If You send a verifiable consumer request from You as set forth in Section 4.4 above, the Company will endeavor to respond to such verifiable consumer request within forty-five (45) days of its receipt. If We require more time (up to a total aggregate of 90 days), the Company will inform You of the reason and extension period in writing. If You have an account with Us, we will deliver our written response to that account. If You do not have an account with Us, we will deliver Our written response by mail or electronically. Any disclosures We provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response We provide will also explain the reasons We cannot comply with a request, if applicable. For data portability requests, we will select a format to provide Your Personal Information that is readily useable and should allow You to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to Your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If We determine that the request warrants a fee, We will tell You why We made that decision and provide You with a cost estimate before completing Your request.
The Company will not discriminate against You for exercising any of Your rights under the CCPA. Unless permitted by the CCPA, We will not:
IN ACCORDANCE WITH THE CCPA, THE COLLECTION AND USE OF THE FOLLOWING INFORMATION IS NOT SUBJECT TO OR GOVERNED BY THE CCPA AND, THUS, IS EXCLUDED FROM THE TERMS AND CONDITIONS OF SECTION 4 OF THIS PRIVACY POLICY
(a) HEALTH INFORMATION OR MEDICAL INFORMATION COVERED BY OR OTHERWISE SUBJECT TO THE U.S. FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) AND ITS RELATED REGULATIONS; AND/OR
(b) HEALTH INFORMATION OR MEDICAL INFORMATION COVERED BY OR OTHERWISE SUBJECT TO THE THE CALIFORNIA CONFIDENTIALITY OF MEDICAL INFORMATION ACT (CMIA) AND ITS RELATED REGULATIONS.
IN SUCH INSTANCES, SUCH HEALTH OR MEDICAL INFORMATION MAY, INSTEAD, BE SUBJECT TO THE COMPANY’S HIPAA PRIVACY NOTICE (AS DEFINED ABOVE ON THE FIRST PAGE OF THIS POLICY), WHICH CAN BE FOUND HERE: https://obria.org/oregon/hipaa-notice/.
In the event a User has provided the Company with Personal Information such as that discussed above, and thereafter a User does not want to continue to directly receive further notices, or information from the Company such as emails about the Company’s products or services, the User must send a message to the Company at this email address: info@obria.org in which the User states that the User no longer wants to receive these communications directly from the Company (“Opt-Out”). Once the Company has received the User’s request to Opt-Out, the Company will use commercially reasonable efforts, in a commercially reasonable time period, to try to carry out such User’s request to Opt Out; provided, however, the Company will not have any obligation to retrieve, and cannot prevent the further use by others of, such User’s Personal Information which may have been shared up to that time with other parties as permitted by the provisions of this Privacy Policy.
If a User elects to Opt-Out, and provided such User has properly delivered its Opt-Out request to the Company in accordance with Section 5.1.1 herein, such User will no longer receive emails directly from the Company after a commercially reasonable time from the date such User sent its Opt-Out notice to the Company. However, the Company does not have any obligations under, or liability arising out of, this Privacy Policy with regard to a User’s decision to share its Personal Information with, Our use of, any other internet websites, forums, or programs that the User may have linked to via the Company Website which are not under the Company’s direct control or ownership. Accordingly, after sending Your Opt-Out to the Company, You may need to contact these other entities directly regarding their use of Your Personal Information.
Some browsers have a “DO NOT TRACK” feature that lets website users inform websites or other applications that they do not want to have their online activities tracked. These “do not track” features may also give website users other choices regarding the collection of their personal identifiable information. However, these “do not track” features and “do not track’ signals are not yet uniform. ACCORDINGLY, EACH USER OF THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM IS HEREBY NOTIFIED THAT THE COMPANY WEBSITE AND THE OTHER COMPANY PROGRAMS ARE NOT CURRENTLY SET UP TO RESPOND TO ANY OF THE USER’S “DO NOT TRACK” FEATURES OR “DO NOT TRACK” SIGNALS.
This Company Website and other Company Programs are not directed to children under the age of 13. We adhere to the U.S. federal Children’s Online Privacy Protection Act (“COPPA“) and will not knowingly register or otherwise collect any Personal Information from any child under the age of 13. We ask that minors under the age of 13 not submit any Personal Information to the Company. If You have reason to believe a child under the age of 13 has provided the Company with any Personal Information, please contact the Company at info@obria.org and request that such information be deleted from Our records.
Each User confirms and agrees that by the User’s act of using any of the Company Programs, including without limitation uploading any of the User’s Personal Information or any other content via any Company Program, the User: (a) unconditionally agrees to all of the terms and conditions of this Privacy Policy; and (b) further agrees that no provision of this Privacy Policy shall limit, condition, alter, or amend, in any way whatsoever, any rights that User may have separately granted to the Company pursuant to any other agreement that the User may have separately entered into with the Company.
Users are solely responsible for correcting, updating, or modifying any and all of the User’s Personal Information as it appears in, and as otherwise stored or contained in, any Company Program. Without in any way limiting the foregoing, User acknowledges and agrees that the Company does not have an independent obligation to maintain the accuracy or completeness of any of Personal Information provided by the User to the Company, including such Personal Information once it is stored, described or otherwise contained in the Company Website or in any other Company Program
Please note that data that is transported over an open network, such as the Internet or e-mail, may be accessible to anybody. We cannot guarantee the confidentiality of any communication or material transmitted via such open networks. When disclosing any personal information via an open network, you should remain mindful of the fact that it is potentially accessible to others, and consequently, can be collected and used by others without your consent. In particular, while individual data packets are often encrypted, the names of the sender and recipient are not. A third party may therefore be able to trace an existing bank account or relationship or one that is subsequently created. Even if both the sender and recipient are located in the same country data may also be transmitted via such networks to other countries regularly and without controls, including to countries that do not afford the same level of data protection as your country of domicile.
Your data may be lost during transmission or may be accessed by unauthorized parties. We do not accept any liability for direct or indirect losses as regards the security of your Personal Information or data during its transfer via the Internet. Please use other means of communication if you think this is necessary or prudent for security reasons.
The Company Website or other Company Programs may now or in the future provide links or other access to Internet websites, forums or other programs which are not under the Company’s sole control and not solely owned by the Company (collectively referred to as “Third Party Sites”). If a User clicks on a link to, or otherwise gains access to, any such Third-Party Site, the User will be transported to one of these Third-Party Sites.
THIS PRIVACY POLICY ONLY APPLIES TO THE COMPANY WEBSITE AND THE OTHER COMPANY PROGRAMS DIRECTLY OWNED BY THE COMPANY. THEREFORE, THIS PRIVACY POLICY: (A) DOES NOT DESCRIBE THE PRIVACY POLICIES OF ANY OF THESE THIRD-PARTY SITES; AND (B) DOES NOT GOVERN THE COLLECTION OR USE OF YOUR PERSONAL INFORMATION BY THE THIRD-PARTY SITES. THE COMPANY IS NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OF ANY OF THESE THIRD-PARTY SITES. IF A USER CLICKS ON A LINK TO, OR IS SENT TO A LINK OF, OR OTHERWISE GAINS ACCESS TO, A THIRD-PARTY SITE, THE USER SHOULD REVIEW THE PRIVACY STATEMENTS OR POLICIES OF SUCH THIRD-PARTY SITES (IF ANY) TO DETERMINE THAT PARTICULAR THIRD PARTY SITES’ PRACTICES WITH REGARD TO THE COLLECTION AND USE OF PERSONALLY IDENTIFIABLE INFORMATION.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EACH USER AGREES THAT IF THE USER USES ANY THIRD PARTY SITES IN ANY WAY, THE USER IS AWARE THAT ANY OF THE USER’S PERSONAL INFORMATION THAT THE USER PROVIDES TO THAT THIRD PARTY SITE MIGHT BE READ, COLLECTED, SHARED, DISTRIBUTED, OR OTHERWISE USED BY OTHER USERS OF THAT THIRD PARTY SITE OR BY ANY OTHER THIRD PARTIES, AND COULD BE USED TO SEND THE USER UNSOLICITED MESSAGES. THE COMPANY IS NOT RESPONSIBLE FOR ANY PERSONAL INFORMATION THAT THE USER ELECTS TO SUBMIT IN, OR OTHERWISE MAKE AVAILABLE TO, THESE THIRD-PARTY SITES.
Any link to any Third Party Site from the Company Website or any other Company Program does not imply any endorsement of the privacy practices of such Third Party Site by the Company, and no such Third Party Site is authorized to make any representation or warranty on our behalf.
This Privacy Policy may be changed from time to time and at any time by the Company. The Company reserves the right to change it without notice to a User. YOU HEREBY AGREE THAT YOU ARE BOUND BY THE VERSION OF THIS PRIVACY POLICY THAT IS IN EFFECT AT THE TIME YOU FIRST USE THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM. THE TERMS OF THIS PRIVACY POLICY MAY BE DIFFERENT THE NEXT TIME YOU USE THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM. ANY USE OF THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM BY YOU AFTER SUCH AMENDMENT(S) SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE BY THE USER OF THE AMENDMENT(S) FOR USE OF ALL COMPANY PROGRAMS. EACH USER SHOULD REGULARLY REVIEW AND PRINT THIS PRIVACY POLICY FOR THE USER’S RECORDS.
This Policy is an integral part of the Terms of Use of the Company Website and all other Company Programs and any use of the Company Website and all other Company Programs is governed by those Terms of Use.
Questions regarding this Policy or the practices of the Company Website or any other Company Program should be directed to OBRIA by emailing such questions to info@obria.org.