Privacy Policy

Introduction

KabaFusion Holdings, LLC and its Affiliates (the “Company,” “KabaFusion,” “we,” or “our”) respects your privacy and is committed to protecting it through our compliance with this Online Services Privacy Policy (this “Policy”).

This Policy sets out how KabaFusion may disclose your information to provide you with treatment, conduct our operations, or for other purposes permitted or required by law. The Company abides by all local, state, and federal privacy laws, including, but not limited to HIPAA and the California Consumer Privacy Act.

Please read this Policy carefully to understand our practices regarding your information and how we will treat it. KabaFusion may amend this Policy without notice. We will post any revised statement on our website. Any changes or updates will be immediately effective upon posting. By accessing or using our Online Services, as defined below, you agree to the terms and conditions set forth in this Policy and any subsequent amendments to this Policy.

Scope and Application

This Policy applies to the information we collect or that you may provide through the online and mobile websites, platforms, services, and applications that the Company owns or operates and that contain a link to this Policy (collectively, “Online Services”), including information we collect (i) in email, text, and other electronic messages between you and any of our Online Services, or (ii) through the myKabaFusion App or any other web-based or mobile application services used by patients of the Company.

Without limiting the foregoing, this Policy does not apply to information collected by the Company offline or through any other means, including on any other website operated by any third party, including through any application or content (including advertising) that may link to or be accessible from or on our Online Services, or information that would be considered “Protected Health Information” (or, “PHI”) under the Health Insurance Portability and Accountability Act of 1996 (“HIPPA”). For information pertaining to how KabaFusion uses and discloses Protected Health Information, see our HIPAA Notice of Privacy Practices.

KabaFusion is located in the United States and the services described within this Policy are directed at customers and visitors of our Online Services who are based in the United States. If you are visiting or accessing our Online Services from outside of the United States, please be aware that your information may be transferred to, stored, or processed in the United States and maintained on computers or services where privacy laws may not be as protective as those in your jurisdiction. By visiting or using any portion of our Online Services, you understand and agree to the transfer of your information to the United States and those third parties with whom we may share it, as described in this Policy.

Collection, Use, and Disclosure of Your Information

When you view or interact with our Online Services, we may collect information about you, how you engage with our Online Services, and the devices you use to access our Online Services for the legitimate purposes outlined below.

Some information we may collect from and about you when you use or interact with our Online Services, includes information by which you may be personally identified, such as your name, postal address, e-mail address, telephone number, social security number, health and medical information (including Protected Health Information), or any other identifier by which you may be contacted online or offline (collectively, “Personal Information” or “PI”). We may also collect information that is about you, but which individually does not identify you, such as the date and time you access our Online Services, or the search terms you use.

KabaFusion may collect this information through both direct and automatic means. We collect information directly from you when you voluntarily provide it to us in connection with your use of our Online Services and as otherwise may be provided in this Policy. Other information, including usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies, may be collected by the Company automatically when you view, access, or otherwise interact with our Online Services.

You may download information to your computer, email information or print copies of pages for your own personal, non-commercial use but you must not remove any copyright notice from our materials. You may not sell our information, alter it, redistribute it, use it on your own website or use it for any commercial purposes without first obtaining our written consent.

If you use the material or trademarks on this website in a manner that violates this Terms of Use, you will be violating your agreement with us and we have the right to automatically revoke your permission to use this website. We will also enforce our intellectual property rights to the fullest extent of the law.

Information You Voluntarily Provide to Us:

The information we collect on or through our Online Services may include information that you voluntarily provide when you fill out forms available on our Online Services, such as information you provide at the time of registering to use our Online Services, when you fill out a survey or questionnaire (including your email address and any open feedback you provide), or when subscribing to our services, posting material, or requesting further services.

 

The Company may collect information that you voluntarily provide as may be necessary to process an application for employment or volunteer opportunities such as your name, email address, past employment, address, phone number, birthday, gender, education, and an emergency contact. We may also ask you for information when you report a problem with our Online Services, or when you communicate with us for any reason through our Online Services. KabaFusion may collect records and copies of your correspondence(s), as well as your name, email address, telephone number, or any other contact information provided.

 

· Email Addresses
The Company collects email addresses voluntarily submitted by users of our Online Services and from authorized third-party vendors. Those email addresses are stored within the Company’s various email distribution lists for purposes of periodically sending out newsletters, brochures, and surveys, as discussed above. You may request to opt-out of the communications listed above by adjusting the settings on your Online Services account, as applicable, selecting the appropriate communication method on any form you submit, or by contacting us in any of the methods described in the Contact Us section of this policy.

 

· Forms
Forms located within our Online Services include, without limitation: (1) Treatment Referrals; (2) Surveys, Questionnaires, Web Feedback, and other published materials; and (3) Job and volunteer

applications. These forms may request confidential health information or Personal Information. Information which you voluntarily disclose in these forms will be secured using Secure Socket Layer (SSL) encryption, which is the industry standard for protecting and securing online transactions and exchanges of confidential information. If you submit Personal Information in response to a career or volunteer opportunity, please note that your information may be distributed within the Company for the Hiring Manager or Talent Acquisition Representative to contact you to discuss the opportunity, if appropriate.

 

Information We Collect Through Automatic Data Collection Technologies:

When you use or access our Online Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including (i) details of your visit to our Online Services, such as traffic data, location data, logs, and other communication data, and the resources that you access and use on the website; and (ii) information about your computer and internet connection, including your IP address, operating system, and browser type.

 

Information that we automatically collect may include your Personal Information. We may maintain and associate such information collected through automated means with Personal Information we collect in other ways or that we receive from third parties. Information that is automatically collected helps the Company to improve our Online Services and functionality, and to deliver a more personalized service to users of our Online Services, including by enabling us to estimate our audience size and usage patterns; store information about your preferences, which allows us to customize our Online Services according to your individual interests; enhance your searches; and recognize you when you return to our Online Services.

 

The Company uses different methods to perform automatic data collection for the purposes described in this Policy. For example, when you visit our Online Services, we may store or retrieve information on your browser, mostly in the form of cookies or tracking technologies. This information might be about you, your preferences, or your device, but it usually does not directly identify you.

 

As further described under the Choices About How We Use and Disclose Your Data section of this Policy, you may have the option to choose to accept or restrict browser cookies by activating the appropriate setting on your browser. Unless you have adjusted your browser setting to refuse cookies, our system will issue cookies when you direct your browser to our Online Services.

 

Cookies and other tracking technologies may include:

· Strictly Necessary Cookies. These cookies are essential so that you can move around the website and use its features. Without these cookies, services you have asked for cannot be provided. These cookies are necessary for the website to function and cannot be switched off in our systems. These cookies do not store any personal information.

· Functional Cookies. These cookies allow the website to remember choices you make to give you better functionality and personal features. These cookies allow the website to remember choices you make to give you better functionality and preferences such as text size, fonts, and other customizable website elements. They may also be used to keep track of what content, video, links, etc. you viewed to avoid repetition. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites.

· Performance Cookies. These cookies help to improve the performance of our website. They help us know which pages are the most and least popular and see how visitors move around the website. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our Online Services and will not be able to monitor its performance.

· Security. These cookies enable and support the website’s security features, and to help detect malicious activity and violations of the Online Services Terms of Use.

· Tracking and Performance. These cookies collect information about how you use our website. For instance, which pages you go to most. This data may be used to help optimize our websites and make them easier for you to navigate. These cookies are also used to let affiliates know if you came to one of our websites from an affiliate and if your visit resulted in a particular action. These cookies don’t collect information that identifies you. All information these cookies collect is aggregated and therefore anonymous.

· Targeting and Advertising. We will not allow third parties other than companies we hire to perform services on our behalf to place cookies on our website.

· Web Beacons. Our Online Services, including emails, may contain small electronic files known as web beacons (e.g., clear gifs, pixel tags, and single-pixel gifs), which permit the Company to count users who have visited those pages, opened an email, or for other related website statistics (such as recording the popularity of certain website content and verifying system and server integrity).

Disclosure of Your Information

When you use or navigate through our Online Services, we may use the information that we collect about you or that you voluntarily provide to us, including any Personal Information or PHI to personalize your visits to the website, provide you with new features that may be of interest to you, respond to your requests, contact you periodically by telephone, e-mail or mail to provide you with information regarding services that may be of interest to you, develop and improve the content of our Online Services, conduct and improve our health care operations and services, or to provide and manage your health care.

We may disclose Personal Information or PHI that we collect, that you voluntarily provide, or as otherwise described in this Policy to third parties, including our subsidiaries, affiliates, contractors, service providers, or other authorized third parties for the following purposes:

  • When the party receiving the information subject to disclosure is bound by contractual obligations to keep Personal Information and PHI confidential and to use it only for the purposes for which we disclose it to them in accordance with the law, then such disclosure may be necessary to:
    • Support our business; or
    • Perform services on behalf of KabaFusion.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of KabaFusion’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by KabaFusion about our website users is among the assets transferred;
  • To fulfill the purpose for which you provide it or for which you have authorized consent;
  • To obtain payment for health care services;
  • To protect the rights, property, or safety of KabaFusion, our customers, or a third party;
  • To comply with legal or regulatory processes, including but not limited to any court order, law, legal process, or response to any government or regulatory request;
  • To enforce or apply our Terms of Use and other agreements, as applicable; or
  • To fulfill any other purpose which may be permitted under the law or applicable regulatory authority, if we believe such disclosure is necessary.

Under no circumstances will KabaFusion sell or publish your PHI to third parties. However, the Company may disclose aggregated information about users of our Online Services without restriction when such information does not personally identify any individual or has been de-identified.

Choices About How We Use and Disclose Your Information

KabaFusion strives to provide you with choices regarding the information you provide to us when using or navigating through our Online Services. Personal and non-personal information collected about you when you visit our Online Services may be restricted when you choose to decline our cookies by changing your privacy settings. You can review, retrieve, and change your Personal Information by logging into our Online Services and visiting your account profile or by emailing us at privacy@kabafusion.com to request access to, correct or delete any personal information that you have provided to us. Please be advised that the Company will not accommodate a request to change such information if the requested change would violate any law or legal requirement or cause the information to be incorrect.

 

Cookies
You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. However, if you disable or refuse cookies, please note that some parts of our Online Services may be inaccessible or not function properly. If you delete your cookies or upgrade your browser after having opted out, you may need to opt out again. If you use multiple browsers or devices you will need to opt out on each browser or device. Please be advised that KabaFusion is not responsible for the effectiveness or compliance of third party opt-out mechanisms or programs.

 

Promotional Offers from the Company
If you do not wish to have your contact information used by the Company to promote our services, you can opt-out by making the appropriate selection on the form we use to collect such data, or at any other time by logging into your Online Services account and adjusting your user preferences and settings, or by sending us an email stating your request to privacy@kabafusion.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.

 

Third Party Links
Our Online Services may contain links to other sites that are owned or operated by others. Third-party links are intended to be a convenient way for our online visitors to access helpful information and should not be construed as an endorsement by KabaFusion. Links to third-party websites will be evaluated periodically for appropriateness and can be removed at any time. Please be advised that KabaFusion is not responsible for the privacy and security practices of sites not owned by KabaFusion, nor does the Company control such third parties’ collection or use of your information. We encourage our visitors be aware of and to read the privacy policy of such third-party sites, which may provide you with means to opt-out of having your information collected or limit such third-party use of your information.

Data Retention and Access

KabaFusion will keep your information for no longer than necessary for the purposes for which it was processed and/or as required to comply with applicable laws.

You may access your information at any time by logging into our Online Services account and downloading information to your computer, emailing information, or printing copies of pages for your own personal, non-commercial use. However, by exercising your right to access information from KabaFusion, you may not remove any copyright notice from our materials, sell our information, alter it, redistribute it, use it on your own website or for any commercial purposes without first obtaining our written consent. If you use the material or trademarks on this website in a manner that violates the Terms of Use, you will be violating your agreement with us, and we have the right to automatically revoke your permission to use this website and our Online Services. We will also enforce our intellectual property rights to the fullest extent of the law.

Data Security

To secure your information, we have put in place commercially suitable physical, electronic, and managerial procedures to safeguard and secure the information we collect on our website. Nonetheless, the transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically on our website, and the transmission of any such data is therefore entirely at your own risk.

 

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions and other Personal Information you provide will be encrypted using SSL technology.

 

While KabaFusion implements safeguards to secure the Personal Information we access or use through our Online Services, we do not guarantee the security of such transmitted information, and further, the safety and security of your information also depends on you. Any transmission of Personal Information is at your own risk.

 

The Company is not responsible for the circumvention of any privacy settings or security measures contained on our Online Services. Where we have given you (or where you have chosen) a password for access to certain parts of our Online Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Compliance

COPPA (Children’s Online Privacy Protection Act)
We do not intend for our Online Services to be used by anyone under the age of 13. We do not knowingly collect, sell, or share the personal information (as defined under COPPA) of consumers we actually know are less than 16 years old. If you are a parent or guardian and believe we may have collected information about your child, please contact us immediately through any one of the methods described in the Contact Us section of this Policy.

Your Privacy Rights in Certain Jurisdictions
If you are a resident of California, Colorado, Connecticut, Utah, or Virginia, you may have additional rights regarding our use of your Personal Information. To learn more about your privacy rights, visit KabaFusion’s State Consumer Privacy Notice.

Health Information Privacy Practices
Some of our products and services are regulated by certain laws, including the Health Insurance Portability and Accountability Act (“HIPAA”). If you receive healthcare products or services, visit our HIPAA Notice of Privacy Practices page to learn about how we protect, use, and share Protected Health Information (“PHI”) for your medical treatment, payment for services, our operations, or as permitted by law. Please note that the Company does not use PHI for activities or secondary purposes not permitted by HIPAA.

The HIPAA Notice of Privacy Practices also describes your right to:

  • See and obtain a copy of certain PHI, including your medical, billing, claims, and case management records;
  • Request confidential communications;
  • Request certain restrictions on the use and disclosure of your PHI;
  • Request a correction to your PHI; and
  • Request a paper copy of our HIPAA Notice of Privacy Practices.

Acceptance of These Terms

By accessing or using our Online Services, you agree to the terms and conditions set forth in this Policy and any subsequent amendments to this Policy.

 

Changes to Our Privacy Policy
We may change this Policy at any time. If we make material changes to how we treat our users’ personal information, such a change will appear on this page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Online Services and this Policy to check for any changes.

 

Reservation of Rights
By viewing or interacting with our Online Services, you consent, and we reserve the right, to have the data we collect from you be used as described in this Policy and in accordance with our Terms of Use. Additionally, you consent, and we reserve the right, to have the data we collect from you be used in ways that are consistent with the then-current disclosed Policy regardless of when your data was collected (e.g., we can use your data in ways that are consistent with the current disclosed practices, but which may not be entirely consistent with the previously disclosed practices when your information was originally disclosed). Our failure to enforce any provision of these terms shall not be construed as a waiver of any provision or right.

Contact Information

If you have any questions or comments about this Policy, please contact us in any one of the following ways:

Phone: 888.222.2542
Website: https://www.kabafusion.com/contact-us/
Email: privacy@kabafusion.com

Postal Address:
KabaFusion Holdings, LLC
Attn: Information Security & Privacy Officer
17777 Center Court Drive, Suite 550
Cerritos, CA 90703

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