Introduction

This privacy and cookie policy (“Policy”) describes how Octave Health Group, Inc. and its affiliated entities (“OHGI,” “we,” and “our”) collect, use and share personal data when using OHGI’s website (the “Site”), mobile applications (each, an “App”) and the services provided in connection therewith (the “Services”). Please read the following information carefully to understand our views and practices regarding your personal data and how we will treat it. By accessing our Site, an App or using the Services, you consent to our collection, storage, transfer, use and/or disclosure of your data, as described herein. If you do not accept the terms of this Policy, do not access the Site or an App and do not use the Services.

Particularly Important Information

WHO WE ARE: For the purpose of applicable data protection legislation, the data controller of your personal data is Octave Health Group, Inc. of 286 Madison Avenue, New York, NY 10017.

MUST READ SECTIONS: We draw your attention in particular to the sections entitled “International Data Transfer” and “Your Rights.”

CHANGES TO THIS POLICY: We will post any modifications or changes to the Policy on our Sites/Apps/Services. We reserve the right to modify the Policy at any time, so we encourage you to review it frequently. The “Last Updated” legend above indicates when this Policy was last changed. If we make any material change(s) to the Policy, we will notify you via email and/or post a notice on our Sites/Apps/Services prior to such changes(s) taking effect. Your continued use of the Site/Apps/Services indicates your acceptance to any changes to this Policy.

1. PURPOSES OF PROCESSING

What is personal data?

We collect information about you in a range of forms, including personal data. As used in this Policy, “personal data” is as defined any information which, either alone or in combination with other information we hold about you, identifies you as an individual, including, for example, your name, postal address, email address and telephone number.

Why do we need your personal data?

We will only process your personal data in accordance with applicable data protection and privacy laws. We need certain personal data in order to provide you with access to the Sites/Apps/Services.

If your personal data is “protected health information” as defined under Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”), we will process your protected health information in accordance with the applicable Notice of Privacy Practices for California and New York that is posted elsewhere on this Site.

2. COLLECTING YOUR PERSONAL DATA

We collect information about you in the following ways:

Information You Give Us. This includes:

• the personal data you provide when you register for an account, including your name and email;
• the personal data you provide when you book a coaching or therapy session, including your name, email and intake information related to the issue(s) you would like to discuss, as well as your background and medical history;
• the personal data you provide when you complete any clinical follow up tasks using the App;
• the personal data you provide when you report a problem with our Sites/Apps/Services or when we provide you with customer support;
• the personal data you provide when you make payment through our Sites/Apps/Services; and
• the personal data you provide when you correspond with us by phone, email or otherwise.
• the personal data you provide to support receiving payment for our services, including a credit card number or insurance information.

Information We Get from Others. We may also get information about you from other sources, for example, if you have agreed to share information with one of our affiliated clinical entities, partners or with another licensed psychologist, psychiatrists, or other physicians in our referral network we may add this to information we get from our Sites/Apps/Services. We will obtain your consent before requesting this information and sharing it back.

Information Automatically Collected. We automatically log information about you and your computer or mobile device when you access our Sites/Apps/Services. For example, when visiting our Sites/Apps/Services, we log your computer or mobile device operating system name and version, manufacturer and model, browser type, browser language, screen resolution, the website you visited before browsing to our Sites/Apps/Services, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Sites/Apps/Services. We collect this information about you using cookies. Please refer to the sections on cookies.

3. COOKIES

What are cookies?

We may collect information using “cookies.” Cookies are small data files stored on the hard drive of your computer or mobile device by a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them) to provide you with a more personal and interactive experience on our Sites/Apps/Services.

We use two broad categories of cookies: (1) first party cookies, served directly by us to your computer or mobile device, which are used only by us to recognize your computer or mobile device when it revisits our Sites/Apps/Services; and (2) third party cookies, which are served by service providers on our Sites/Apps/Services, and can be used by such service providers to recognize your computer or mobile device when it visits other websites.

Cookies we use

Our Sites/Apps/Services uses the following types of cookies for the purposes set out below:

Essential Cookies: These cookies are essential to provide you with services available through our Sites/Apps/Services and to enable you to use some of its features. For example, they allow you to log in to secure areas of our Sites/Apps/Services and help the content of the pages you request load quickly. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.

Functionality Cookies: These cookies allow our Sites/Apps/Services to remember choices you make when you use our Sites/Apps/Services, such as remembering your language preferences, remembering your login details and remembering the changes you make to other parts of our Sites/Apps/Services which you can customize. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our Sites/Apps/Services.

Analytics and Performance Cookies: These cookies are used to collect information about traffic to our Sites/Apps/Services and how users use our Sites/Apps/Services. The information gathered does not identify any individual visitor. It includes the number of visitors to our Sites/Apps/Services, the websites that referred them to our Sites/Apps/Services, the pages they visited on our Sites/Apps/Services, what time of day they visited our Sites/Apps/Services, whether they have visited our Sites/Apps/Services before, and other similar information. We use this information to help operate our Sites/Apps/Services more efficiently, to gather broad demographic information and to monitor the level of activity on our Sites/Apps/Services.

We use Google Analytics for this purpose. Google Analytics uses its own cookies. It is only used to improve how our Sites/Apps/Services works. You can find out more information about Google Analytics cookies here: https://developers.google.com/analytics/resources/concepts/gaConceptsCookies

You can find out more about how Google protects your data here: https://policies.google.com/privacy?hl=en.

You can prevent the use of Google Analytics relating to your use of our Sites/Apps/Services by downloading and installing the browser plugin available via this link: http://tools.google.com/dlpage/gaoptout?hl=en-GB

Targeted and advertising cookies: These cookies track your browsing habits to enable us to show advertising which is more likely to be of interest to you. These cookies use information about your browsing history to group you with other users who have similar interests. Based on that information, and with our permission, third party advertisers can place cookies to enable them to show adverts which we think will be relevant to your interests while you are on third party websites.

You can disable cookies which remember your browsing habits and target advertising at you by visiting http://www.youronlinechoices.com/uk/your-ad-choices. If you choose to remove targeted or advertising cookies, you will still see adverts but they may not be relevant to you. Even if you do choose to remove cookies by the companies listed at the above link, not all companies that serve online behavioral advertising are included in this list, and so you may still receive some cookies and tailored adverts from companies that are not listed.

Disabling cookies

You can typically remove or reject cookies via your browser settings. In order to do this, follow the instructions provided by your browser (usually located within the “settings,” “help” “tools” or “edit” facility). Many browsers are set to accept cookies until you change your settings.

Further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org and www.youronlinechoices.com.uk.

If you do not accept our cookies, you may experience some inconvenience in your use of our Sites/Apps/Services. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit our Sites/Apps/Services.

4. PIXEL TAGS

We may also use pixel tags (which are also known as web beacons and clear GIFs) on our Sites/Apps/Services to track the actions of users on our Sites/Apps/Services. Unlike cookies, which are stored on the hard drive of your computer or mobile device by a website, pixel tags are embedded invisibly on webpages. Pixel tags measure the success of our marketing campaigns and compile statistics about usage of the Sites/Apps/Services, so that we can manage our content more effectively. The information we collect using pixel tags is not linked to our users’ personal data.

5. DO NOT TRACK SIGNALS

Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to do not track signals. To find out more about "Do Not Track," please visit http://www.allaboutdnt.com.

6. USING YOUR PERSONAL DATA

We may use your personal data as follows:

• to operate, maintain, and improve our Sites/Apps/Services, products, and services;
• to respond to your comments and questions and to provide customer service;
• to send information including technical notices, updates, security alerts, and support and administrative messages;
• with your consent, to send you marketing e-mails about upcoming promotions, and other news, including information about products and services offered by us and our affiliates. You may opt-out of receiving such information at any time: such marketing emails tell you how to “opt-out.” Please note, even if you opt out of receiving marketing emails, we may still send you non-marketing emails. Non-marketing emails include emails about your account with us (if you have one) and our business dealings with you;
• as we believe necessary or appropriate (a) to comply with applicable laws; (b) to comply with lawful requests and legal process, including to respond to requests from public and government authorities; (c) to enforce our Policy; and (d) to protect our rights, privacy, safety or property, and/or that of you or others; and
• as described in the “Sharing of your Personal Data” section below.

7. SHARING YOUR PERSONAL DATA

We may share your personal data as follows:

• Third Parties Designated by You. We may share your personal data with third parties where you have provided your consent to do so.
• Our Third Party Service Providers. We may share your personal data with our third party service providers who provide services such as data analysis, payment processing, information technology and related infrastructure provision, customer service, email delivery, auditing and other similar services. These third parties are only permitted to use your personal data to the extent necessary to enable them to provide their services to us. They are required to follow our express instructions and to comply with appropriate security measures to protect your personal data.
• Affiliates. We may share some or all of your personal data with our affiliates, in which case we will require our affiliates to comply with this Policy. In particular, we may share data with our affiliates as part of the management and administrative services that Octave Health Group, Inc. provides to its affiliates that provide clinical services to you. You also may let us share personal data with our affiliates where you wish to receive marketing communications from them.
• Corporate Restructuring. We may share personal data when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.
• Other Disclosures. We may share personal data as we believe necessary or appropriate: (a) to comply with applicable laws; (b) to comply with lawful requests and legal process, including to respond to requests from public and government authorities to meet national security or law enforcement requirements; (c) to enforce our Policy; and (d) to protect our rights, privacy, safety or property, and/or that of you or others.

8. ANONYMOUS DATA

When we use the term “anonymous data,” we are referring to data and information that does not permit you to be identified or identifiable, either alone or when combined with any other information available to a third party.

We may create anonymous data from the personal data we receive about you and other individuals whose personal data we collect. Anonymous data might include analytics information and information collected by us using cookies. We make personal data into anonymous data by excluding information (such as your name) that makes the data personally identifiable to you. We use this anonymous data to analyze usage patterns in order to make improvements to our Sites/Apps/Services.

9. USER GENERATED CONTENT

If you provide feedback to us, we may use and disclose such feedback on our Sites/Apps/Services , provided we do not associate such feedback with your personal data. If you have provided your consent to do so, we may post your first and last name along with your feedback on our Sites/Apps/Services. We will collect any information contained in such feedback and will treat the personal data in it in accordance with this Policy.

We have no control over, and no liability for, any third-party websites or materials, including social networking websites, or apps. We make no guarantees about the accuracy, currency, content, or quality of the information or services provided by any sites linked on our Site or an App, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. When linking to a third-party website, you should read the privacy policy stated on that website. Links to third-party websites do not imply our endorsement of such site or such site’s products or services.

10. INTERNATIONAL DATA TRANSFER

Your information, including personal data that we collect from you, may be transferred to, stored at and processed by us and our affiliates and other third parties outside the country in which you reside, including, but not limited to the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. By using our Site/Application(s)/ Services, you agree to this transfer, storing or processing. We will take reasonable steps designed to ensure that your data is treated securely and in accordance with this Policy.

11. SECURITY

We seek to use reasonable organizational, technical and administrative measures to protect personal data within our organization. Unfortunately, no transmission or storage system can be guaranteed to be completely secure, and transmission of information via the internet is not completely secure. You agree and stipulate that use of the Site and Apps is at your own risk and you will not hold us responsible for any breach of security that is not solely caused by our negligence. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us using the details in Section 18 below.

12. RETENTION

We will only retain your personal data as long reasonably required for you to use the Sites and/or to provide you with the Services unless a longer retention period is required or permitted by law (for example for regulatory purposes).

13. SENSITIVE PERSONAL DATA

If you send or disclose any sensitive personal data to us when you submit user generated content to our Sites/Apps/Services, you consent to our processing and use of such sensitive personal data in accordance with this Policy. If you do not consent to our processing and use of such sensitive personal data, you must not submit such user generated content to our Sites/Apps/Services.

14. CHILDREN’S PRIVACY

We do not knowingly solicit or collect personal information from, nor do the Sites/Apps provide content for, children under the age of 18. If we are made aware that we are in possession of information from a child under 18, we will delete it. If you believe that we are in possession of any such information, please contact us through the means discussed in Section 18.

15. YOUR RIGHTS

• Opt-out. You may contact us anytime to opt-out of: (i) direct marketing communications; (ii) automated decision-making and/or profiling; (iii) our collection of sensitive personal data; (iv) any new processing of your personal data that we may carry out beyond the original purpose; or (v) the transfer of your personal data outside the EEA. Please note that your use of some of the Sites/Apps/Services may be ineffective upon opt-out.
• Access. You may access the information we hold about you at any time via your profile/account or by contacting us directly.
• Amend. You can also contact us to update or correct any inaccuracies in your personal data.
• Move. Your personal data is portable – i.e., you to have the flexibility to move your data to other service providers as you wish.
• Erase and forget. In certain situations, for example when the information we hold about you is no longer relevant or is incorrect, you can request that we erase your data.

If you wish to exercise any of these rights, please contact us using the details in Section 17 below. In your request, please make clear: (i) what personal data is concerned; and (ii) which of the above rights you would like to enforce. For your protection, we may only implement requests with respect to the personal data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable and in any event, within one month of your request. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion.

16. COMPLAINTS

We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this Policy or our practices in relation to your personal data, please contact us at: feedback@findoctave.com. We will reply to your complaint as soon as we can and in any event, within 45 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority, which for the UK, is the Information Commissioner’s Office.

17. CONTACT INFORMATION

We welcome your comments or questions about this Policy. You may contact us in writing at support@findoctave.com or 625 Market Street, FL 15, San Francisco, CA 94105.