Consumer Health Data Privacy Policy

Express Marketing Solutions, Inc. (“we,” “us,” “our”) works hard to build and maintain a relationship of trust with you. This Consumer Health Data Privacy Policy is a supplement to our Privacy Policy and provides additional information about our collection, use, and disclosure of your Health Data (as defined below) in connection with your use of our website(s) on which this Consumer Health Data Privacy Policy is linked (collectively, “Sites”), such as www.onlyclassactions.com, www.perfectlegalmatch.com, and www.thelegalleads.com, and any transactions, interactions, or other engagements you might have with us (collectively, “Services”).  You should review our Privacy Policy in full.

This Consumer Health Data Privacy Policy applies solely to residents of the states of Connecticut, Nevada, and Washington.

ABOUT THIS CONSUMER HEALTH DATA PRIVACY POLICY

Policy Changes

This Consumer Health Data Privacy Policy is subject to change. We encourage you to review it frequently for any revisions or amendments. If we make any material changes to it, the revised policy will be posted on the Sites with the date of revision. Changes will be effective immediately upon posting. You will be deemed to have been made aware of and have accepted the changes by your continued use of our Sites or Services. We will also provide any other notices, and obtain any consents, required by law.

Conflict Between this Policy and Laws and Regulations

When federal, state, or local laws and regulations require a higher level of protection for your Health Data, they take precedence over this Consumer Health Data Privacy Policy. The specific requirements of this Consumer Health Data Privacy Policy apply unless disallowed by applicable laws or regulations. Please be aware that the Sites and Services are subject to the laws of the United States of America. The Sites and Services are solely intended for use by individuals in the United States of America 18 years of age and older. If you are not a member of the intended audience, please do not use the Sites and Services.

Information We Collect

We may collect information that personally identifies, relates to, describes, or is capable of being associated with you (“Personal Information”), including information that identifies your past, present, or future health status (“Health Data”). Health Data we may collect includes information about your:

• Health conditions, injuries, testing, treatment, diseases, or diagnoses
• Social, psychological, behavioral, and medical interventions
• Surgeries or medical procedures
• Prescription, use, or purchase of medication
• Bodily functions, vital signs, symptoms, and other bodily measurements
• Reproductive or sexual health information (which may include sexual orientation)
• Knowledge of health conditions and risks
• Exposure to chemicals, substances, locations, objects, or other conditions that could have health impacts
• History of seeking or declining healthcare services
• Insurance claim history

How We Collect HEALTH DATA

Voluntary Disclosure

We may ask you to provide us with Health Data when you communicate with us (online or offline), use the Sites or Services, enter into a relationship with us, submit a lead form, and at other times. You are not required to provide us your Health Data; however, if you choose not to provide the requested information, you may not be able to use some or all of the features of the Sites or Services or we may not be able to fulfill your requested interaction.

Third-Party Data Sources

With your permission, we may also collect Health Data from healthcare service providers, laboratories, pharmacies, and insurance companies.

How We Use and DISCLOSE Information

Generally

We use Health Data for internal purposes, including:

• To provide, maintain, and support the Services provided to you.
• To comply with legal obligations, respond to governmental and other legal requests, and take other steps as necessary to protect our legal interests and the legal interests of others to the extent permitted by law such as the operation of our information security and anti-fraud programs.
• With your consent, to market our Services to you or to improve and develop new products and services.

Service Providers

We may establish a relationship with other businesses to provide services to us which may include corporate affiliates (“Service Providers”), including for:

• Provision of the Sites and Services;
• Facilitating marketing, non-marketing, and internal communications;
• Marketing design, development, and management;
• Business analytics (both marketing and non-marketing related);
• Project management and collaboration;
• IT and network administration such as data storage and management, website hosting, data security, mobile application development;
• Promotional event design and administration;
• Payment processing;
• Professional services such as legal and accounting;
• Obtaining legal records;
• Collection of accounts; and
• Day-to-day business operations such as courier services, facilities management, electronic signatures, and document destruction.

We only provide our Service Providers with the Health Data and other Personal Information reasonably necessary for them to perform these services on our behalf.  Each Service Provider is expected to use reasonable security measures appropriate to the nature of the information involved to protect it from unauthorized access, use, or disclosure. Service Providers are prohibited from using Personal Information other than as specified or permitted by us.

Third-Party Disclosures

We may disclose your Health Data to companies, governmental entities, or other persons that are not our Service Providers as explained more fully below. We refer to these types of data recipients in this Consumer Health Data Privacy Policy as “Third Parties”.

With your consent, we may sell your Health Data to Third Parties, such as law firms, for their direct marketing purposes or for any other purpose.

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose Health Data to government or law enforcement officials or private parties if, in our sole discretion, we believe it is necessary or appropriate to respond to legal requests (including court orders, investigative demands, and subpoenas), to protect the safety, property, or rights of ourselves, consumers, or any other third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with law.

We may disclose Health Data to businesses controlling, controlled by, or under common control with us and, if we in fact do so, we will update this Consumer Health Data Privacy Policy as required by law. If we are merged, acquired, or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Health Data in connection with such transaction.

OTHER PRIVACY AND SECURITY PROVISIONS

Security

We recognize the importance of safeguarding the confidentiality of Health Data from loss, misuse, or alteration. Accordingly, we employ commercially reasonable administrative, technical, and physical safeguards to protect such Health Data from unauthorized access, disclosure, and use, both in transit and at rest. Even with these safeguards, no data transmission over the Internet or other network can be guaranteed 100% secure. As a result, while we strive to protect information transmitted on or through our Sites or Services, you do so at your own risk.

How Long We Retain Your Data

We retain your Health Data in accordance with our record retention policies that are informed by our business needs as well as obligations to comply, and demonstrate compliance, with legal, regulatory, tax, and accounting requirements and standards.

Children’s Privacy

The Sites and Services are not intended for children under the age of 18 and we do not knowingly collect Health Data from children under the age of 18. If we become aware that we have inadvertently received Health data from a child under the age of 18, we will delete such information from our records.

De-Identified or Anonymized Information

We may de-identify or anonymize Health Data so that it is no longer capable of being associated with you and therefore is no longer Personal Information, or collect information that is already de-identified or anonymized. We may use and disclose de-identified or anonymized information without restriction as permitted by law. We will not attempt to re-identify the consumer(s) associated with previously de-identified or anonymized information.

ADDITIONAL STATE CONSUMER RIGHTS

We provide consumers with additional rights to access and control their Health Data, subject to exemptions or exceptions that may apply under the laws of the relevant state.

Right to Know

You have the right to request that we provide you the categories or specific pieces of Health Data we collected about you as well as certain information related to our collection, use, and disclosure of it.

Further, you may have the right to receive the names and contact information (active email address or other online mechanism for contact) of persons to whom we have disclosed your Health Data in specific circumstances as defined under applicable law. We will provide such information in compliance with a Right to Know request as required by law.

Right to Delete

You have the right to request that we delete any Health Data we have collected about you. Please understand that we are not required to honor a deletion request if a legal exemption applies such as if we need the information to complete a requested or reasonably anticipated transaction, prevent security incidents or fraud, or comply with legal obligations.

Right to Correct

You have the right to request that we correct inaccurate Health Data we maintain about you. After you request to correct inaccurate Health Data, we will send you instructions for you to provide us with optional documentation to support your request and we will consider it. We may decline to correct your Health Data if a legal exemption applies such as if we determine that your request is fraudulent or abusive or if we determine, based on the totality of the circumstances, that your correction is more likely inaccurate than accurate. We may decide to delete your allegedly inaccurate Health Data instead of correcting it.

Right to Opt Out of Sales and Sharing

You have the right to direct us not to sell or share (for cross-context behavioral advertising or targeted advertising purposes) your Health Data to Third Parties. We will process such requests within 15 business days, subject to any applicable exceptions and extensions permitted by law.

Right to Revoke Consent for Processing of Health Data

You may revoke your consent for us to collect and process your Health Data, and we will delete your sensitive Personal Information subject to any exemptions available under applicable law.

We may give you the ability to limit the scope of your revocation of consent. For example, you may be able to revoke consent for us to use your Health Data for our marketing purposes but still consent to our use of your Health Data to provide, maintain, and support the Services provided to you. Please carefully review any options made available to you to limit the scope of your revocation of consent.

Please note we require the collection and processing of Health Data in order provide certain of our Services and if you withdraw consent we may no longer be able to provide those Services to you.

We will process revocation of consents within 15 business days, subject to any applicable exceptions and extensions permitted by law.

Appeals

You have the right to appeal our decision to deny, in full or in part, your exercise of consumer rights by submitting a request to appeal. If we deny your appeal, we will provide you with a written explanation of the reasons for our decision.

Submitting a Privacy Request

You may submit your request(s) by emailing us at [email protected]. In your correspondence, please include at least your name, mailing address, email address, and a description of your request.

After you submit your request, we may contact you to obtain additional information necessary to verify your identity. For example, we may require you to verify certain information in our files or submit a signed declaration under penalty of perjury verifying your identity. We will not process Right to Know,  Deletion, Correction, or certain Appeal requests without verifying your identity, so please respond promptly. If you do not timely respond to our requests for information, we may deny your request.

We will process verified Right to Know, Deletion, and Correction requests within 45 days of receipt, subject to any applicable exemptions and extensions permitted by law up to 90 days. We will acknowledge receipt of your request within 10 business days. We will process verified Appeal requests within the time period allowed by applicable law, but typically within 45 days of receipt. We will retain a copy of your request for at least two years.

Authorized Agent

If you are an authorized agent submitting a request on behalf of a consumer, you must provide a copy of a lawful power of attorney or a written signed authorization from the consumer along with proof of your identity. You may provide this documentation via email to [email protected] after submitting the request. Depending on the request made, we may contact you and the consumer on whose behalf you claim to act to verify your identity, the consumer’s identity, and your authorization to act on the consumer’s behalf.

Non-Discrimination Notice

We will not discriminate against any consumer for exercising their privacy rights under law or this Consumer Health Data Privacy Policy.

CONTACT US

If you have any questions about our Sites, Services, or this Consumer Health Data Privacy Policy, please contact us using the information below.

Express Marketing Solutions, Inc.

Attn: Privacy

5777 West Century Boulevard

Suite 1125

Los Angeles, California 90045

[email protected]