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PlanAllies™ Privacy Policy

Last Modified:      June 26, 2023

 

1. Introduction

 

1.1. MemoryWell Inc. d/b/a PlanAllies (“PlanAllies,” “we” or “us”) respects your privacy and is committed to protecting it through our compliance with the following provisions (this “Privacy Policy”). Any capitalized terms not defined herein have the meanings set forth in our Terms of Service.

 

1.2. This Privacy Policy describes the types of information we may collect from you or that you may provide when you access and use www.planallies.com (the “Site”), including any content, functionality, and other services provided through or in connection with the Site (together with the Site, the “Services”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

 

1.3. Processing of personal information is required for receiving certain Services. This Privacy Policy applies to information we collect:

a. On the Site

b. Through or for our Services;

b. Otherwise in communications received from us, including emails, phone calls, or texts; or

c. When you interact with other websites and services that include links to this Privacy Policy.

 

1.4. This Privacy Policy does not apply:

a. to the extent we process personal information in the role of a processor or service provider on behalf of our customers under a customer agreement and/or business associate agreement, including where we offer to our customers various services through which our customers (or their affiliates): (i) send communications to others; or (ii) otherwise collect, use, share or process personal information via our services;

b. to information collected by us offline or through any other means than set forth in Section 1.3 of this Privacy Policy, including on any other website operated by any third party; or

c. to information collected by any third party, including through any application or content (including advertising) that may link to or be accessible from the Site.

 

1.5. Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site or Services. By accessing or using the Site or Services, you agree to this Privacy Policy. For detailed privacy information related to a PlanAllies customer or a customer affiliate who uses the PlanAllies services as the controller, please contact our customer directly. We are not responsible for the privacy or data security practices of our customers, which may differ from those explained in this Privacy Policy. For more information, please also see section 12 below. This Privacy Policy may change from time to time, as detailed in section 15 of this Privacy Policy.

 

2. Minors

 

2.1. The Services is not intended for minors under the age of 18. No one under age 18 may provide any information to or on the Site or through the Services. We do not knowingly collect personal information from a minor under the age of 18. If you are under 18, do not provide any information to the Site or make any purchases through the Site. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at info@planallies.com.

 

3. Information We Collect About You and How We Collect It

 

3.1. Types of Information. We collect several types of information from and about users of the Services, including information:

a. by which you may be personally identified, such as name, email and telephone number (“personal information”);

b. that is about you but individually does not identify you; and/or

c. about your internet connection, the equipment you use to access the Services and usage details.

3.2. Information We Collect. We collect this information:

a. Directly from you when you provide it to us.

b. Automatically as you navigate through the Site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons and other tracking technologies.

c. From third parties, for example, our promotional partners.

 

3.3. Information You Provide to Us. The information you provide us on or through the Services may include:

a. Information that you provide by filling in forms on the Site. This includes information provided in the process of carrying out a transaction through the Site.

b. Information requested by us when you report a problem with the Site.

c. Records and copies of your correspondence (including email addresses), if you contact us.

d. Your responses to surveys that we might ask you to complete for research purposes.

e. Details of transactions you carry out through the Services and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the Site.

f. If you provide us or our service providers with any personal information relating to other individuals, you represent that you have the authority to do so, and where required, have obtained the necessary consent, and acknowledge that it may be used in accordance with this Privacy Policy. If you believe that your personal information has been provided to us improperly, or want to exercise your rights relating to your Personal Information, please contact us by using the information in the “Contact Information” section below.

 

3.4. Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with the Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

a. Details of your visits to the Site, including traffic data and other communication data and the resources that you access and use on the Site.

b. Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). See section 7 of this Privacy Policy for information on how you can opt out of behavioral tracking on the Site and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

 

The information we collect automatically is generally statistical data that does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve the Site and Services and to deliver a better and more personalized service, including by enabling us to:

a. Estimate our audience size and usage patterns.

b. Store information about your preferences, allowing us to customize the Site according to your individual interests.

c. Speed up your searches.

d. Recognize you when you return to the Site.

 

The technologies we use for this automatic data collection may include:

a. Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Site.

b. Web Beacons. Pages of the Site and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit      PlanAllies, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

 

We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

 

4. Third-Party Use of Cookies and Other Tracking Technologies

 

4.1. Some content or applications, including advertisements, on the Site are served by third parties, including tracking companies, advertisers and other service providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see section 7 of this Privacy Policy.

 

5. How We Use Your Information

 

5.1. We use information that we collect about you or that you provide to us, including any personal information, for the following purposes:

a. To provide the Service: We use your information to present the Site and its contents to you, and to provide the Service to you. We also use your information to fulfill the purposes for which you provide it, such as processing your customer information, and to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

b. For verification: We use your information to verify your identity in connection with our provision of the Service, for example, in order to complete transactions relating to online payments you make using the Site.

c. To communicate with you: We use your information to communicate with you in relation to one or more of the following:

(1) Changes to the Site or the Services, or changes to this Privacy Policy.

(2) News and information we believe will be of interest to you.

(3) Invitations to participate in surveys and provide feedback to us.

d. For internal business purposes: We use your information for internal business purposes, including but not limited to one or more of the following:

(1) Internal data analysis.

(2) Composition of our printed and online publications and marketing materials which are distributed to prospective customers and/or other third parties, with your consent.

e. To display advertisements: We may use your information (though we do not use your personal information) to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

f. For other purposes: We may use your information in any other way we may describe when you provide the information, or for any other purpose with your consent. 

6. Disclosure of Your Information

 

6.1. We may disclose anonymized and aggregated information about our users.  

 

6.2. We may disclose information that we collect about you or that you provide to us, including any personal information, to the following third parties:

a. Group companies: To our subsidiaries and affiliates.

b. Service providers: To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and not to disclose it, and to use it only for the purposes for which we disclose it to them.

c. Buyer/successor: 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 PlanAllies’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by PlanAllies about the users of our Services is among the assets transferred.

d. Customers With Whom You Are Affiliated: If you use our Services as an authorized user, we may share your personal information with your affiliated customer responsible for your access to the Services to the extent this is necessary for providing the Services to you and the customer responsible for your access, verifying accounts and activity, investigating suspicious activity, or enforcing our terms and policies.

e. Other users with access: To other users who have been provided with access to your Portal in accordance with this Privacy Policy for the purpose of accessing or sharing User Contributions.

f. Advertisers: Even though we do not disclose your personal information to advertisers, third party advertisers may set cookies, web beacons or other technologies on the Site to collect information about your online activities over time and across different websites and other online services, in order to make our advertising on our Site or elsewhere on the internet more relevant to you.

g. Other purposes: We may also disclose your personal information for the following purposes:

(1) To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

(2) To enforce or apply the Terms of Service, Supplemental Terms and other agreements such as Customer Agreements, including for billing and collection purposes.

(3) If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of PlanAllies, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

(4) To allow us to pursue available remedies or limit the damages we may sustain.

(5) As necessary or appropriate to otherwise address unlawful or harmful activity.

(6) For any other purpose disclosed by us when you provide the information, or otherwise with your consent.

h. Personal Information We Sold or Disclosed for a Business Purpose: The California Consumer Privacy Act requires businesses to disclose whether they sell personal information. As a business covered by the CCPA, we do not sell personal information. We may share personal information with third parties or allow them to collect personal information from our Site or services if those third parties are authorized service providers or business partners who have agreed to our contractual limitations as to their retention, use, and disclosure of such personal information, or if you use our Site or Services to interact with third parties or direct us to disclose your personal information to third parties.

 

California law requires that we detail the categories of personal information that we disclose for certain “business purposes,” such as to service providers that assist us with securing our services or marketing our products, and to such other entities as described in this Privacy Policy. We disclose the following categories of personal information for our business purposes:

  • Identifiers;

  • Commercial information;

  • Internet activity information;

  • Financial information;

  • Professional and employment-related information;

  • Social Determinants of Health information;

  • Education information; and

  • Inferences drawn from any of the above information categories.

 

7. Choices About How We Use and Disclose Your Information

 

7.1. EXCEPT AS SET FORTH OTHERWISE HEREIN, YOU CONSENT TO ALL USES SET FORTH HEREIN.

 

7.2. We strive to provide you with choices regarding the information you provide to us. We have created mechanisms to provide you with the following control over your information:

a. Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

b. Email Communications From PlanAllies. If we have sent you an email for any of the purposes listed in section 5.1.c, you can opt-out of future emails by using the unsubscribe link listed in each email in which it is provided, or by sending us an email stating your request to info@planallies.com. This opt-out does not apply to emails from us communicating changes to this Privacy Policy.

c. Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by sending us an email stating your request to info@planallies.com. For this opt-out to function, you must have your browser set to accept browser cookies. Please note this does not opt you out of being served advertising, and generic advertising may still appear on the Site.

 

7.3. We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt-out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI's website.

 

8. Information Collected Under Applicable Regulation

 

8.1. Personal information includes “protected health information” (“PHI”) as defined in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA.”)

 

8.2. We collect PHI directly from you when you provide it to us, and by no other means.

 

8.3. We use PHI to provide the Services to you, and for no other purposes.

8.4. In accordance with the purpose set out in section 8.3 of this Privacy Policy, we may disclose PHI to the following third parties, and to no other third parties:

a. Group companies, in accordance with section 6.2.a of this Privacy Policy.

b. Service providers, in accordance with section 6.2.b of this Privacy Policy.

c. Customers With Whom You Are Affiliated, in accordance with section 6.2d of this Privacy Policy.

d. Other users with access, in accordance with section 6.2.e of this Privacy Policy.

e. As required by law, in accordance with section 6.2.f(1) of this Privacy Policy.

f. Personal information we sold or disclosed for a business purpose, in accordance with section 6.2.h of this Privacy Policy.

 

9. Accessing and Correcting Your Information

 

9.1. You may send us an email at info@planallies.com to request access to, correction or deletion of any personal information that you have provided to us, including but not limited to any User Contributions showcased on our Site. We will endeavor to comply with any such request within a commercially reasonable time. Except for any User Contributions, we cannot delete individual pieces of your personal information except by also deleting your Login. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

 

9.2. If you delete your User Contributions from the Site, copies of your User Contributions may remain viewable in cached and archived pages. Proper access and use of information provided on the Site, including User Contributions, is governed by the Terms of Service.

 

10. Data Security

 

10.1. 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 secure servers behind firewalls. Any payment transactions and all information provided through forms on the Website will be encrypted using SSL technology.

 

10.2. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password as part of a Login for access to certain parts of the Website, you are responsible for keeping this password confidential and not to share your password with anyone.

 

10.3. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Site. Any transmission of personal information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on the Site.

 

10.4. You acknowledge that access to the Site and Services is to be provided over various facilities and communications lines, and information will be transmitted over local exchange and internet backbone carrier lines and through routers, switches, and other devices owned, maintained, and serviced by third-party carriers, utilities, and internet service providers, all of which are beyond our control (collectively, “Carrier Lines.”) We assume no liability for or relating to the integrity, privacy, security, confidentiality, or use of any information while it is transmitted over Carrier Lines, or any delay, failure, interruption, interception, loss, transmission, or corruption of data or other information attributable to transmission over those Carrier Lines. Use of the Website, Service and Carrier Lines is solely at your risk.

 

11. How Long Your Personal Information Will Be Kept

 

We will keep your personal information while you have an account with us or while we are providing products and/or services to you. Thereafter, we will keep your personal information for as long as is necessary:

To respond to any questions, complaints or claims made by you or on your behalf;

To show that we treated you fairly; or

To keep records required by law.

We will not retain your personal information for longer than necessary for the purposes set out in this Privacy Policy. Different retention periods apply for different types of personal information. When it is no longer necessary to retain your personal information, we will delete or anonymize it.

 

12. Your Rights Relating to Customer Data

 

As described above, we may also process personal information submitted by or for a customer to our products and services. To this end, if not stated otherwise in this Privacy Policy or in a separate disclosure, we process such personal information as a processor on behalf of our customer (and its affiliates) who is the controller of the personal information. We are not responsible for and have no control over the privacy and data security practices of our customers, which may differ from those explained in this Privacy Policy. If your data has been submitted to us by or on behalf of a PlanAllies customer and you wish to exercise any rights you may have under applicable data protection laws, please inquire with them directly. Because we may only access a customer’s data upon their instructions, if you wish to make your request directly to us, please provide us the name of the PlanAllies customer who submitted your data to us. We will refer your request to that customer and will support them as needed in responding to your request within a reasonable timeframe.

 

13. Your Rights Under the CCPA and Other Data Privacy Laws

You have the right under the California Consumer Privacy Act of 2018, as amended from time to time ("CCPA") and certain other privacy and data protection laws, as applicable ("Applicable Data Privacy Laws") to exercise free of charge:

Disclosure of Personal Information We Collect About You

You have the right to know:

  • The categories of personal information we have collected about you;

  • The categories of sources from which the personal information is collected;

  • Our business or commercial purpose for collecting or selling personal information;

  • The categories of third parties with whom we share personal information, if any; and

  • The specific pieces of personal information we have collected about you.

  • Please note that we are not required to:

  • Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;

  • Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or

  • Provide the personal information to you more than twice in a 12-month period.

  • Personal Information Sold or Used for a Business Purpose

  • In connection with any personal information we may sell or disclose to a third party for a business purpose, you have the right to know:

  • The categories of personal information about you that we sold and the categories of third parties to whom the personal information was sold; and

  • The categories of personal information that we disclosed about you for a business purpose.

 

You have the right under the Applicable Data Privacy Laws to opt out of the sale or disclosure of your Personal Information. If you exercise your right to opt out of the sale or disclosure of your personal information, we will refrain from selling your personal information, unless you subsequently provide express authorization for the sale of your personal information. To opt out of the sale or disclosure of your personal information, contact us using the information provided in the “Contact Information” section below.

 

Right to Deletion

 

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:

  • Delete your personal information from our records; and

  • Direct any service providers to delete your personal information from their records.

  • Please note that we may not delete your personal information if it is necessary to:

  • Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;

  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;

  • Debug to identify and repair errors that impair existing intended functionality;

  • Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;

  • Comply with the California Electronic Communications Privacy Act;

  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;

  • Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;

  • Comply with an existing legal obligation; or

  • Otherwise, use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

  • Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:

    • Confirm whether we process their personal information.

    • Access and delete certain personal information.

    • Data portability.

    • Opt-out of personal data processing for targeted advertising and sales.

  • Colorado, Connecticut, and Virginia also provide their state residents with rights to:

    • Correct inaccuracies in their personal information, taking into account the information’s nature processing purpose.

    • Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

 

To exercise any of these rights please contact us using the information in the “Contact Information” section, below. 

 

Protection Against Discrimination

 

You have the right to not be discriminated against by us because you exercised any of your rights under Applicable Data Privacy Laws. This means we cannot, among other things:

  • Deny goods or services to you;

  • Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;

  • Provide a different level or quality of goods or services to you; or

  • Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

Please note that we may charge a different price or rate or provide a different level or quality of goods and/or services to you, if that difference is reasonably related to the value provided to our business by your Personal Information.

 

14. How to Exercise Your Rights

To exercise your rights, please contact us by using the information in the “Contact Information” section, below. Your personal information may be processed in responding to these rights. We try to respond to all legitimate requests within one month unless otherwise required by law, and will contact you if we need additional information from you in order to honor your request or verify your identity.

 

Occasionally it may take us longer than a month, taking into account the complexity and number of requests we receive. If you are an employee of a PlanAllies customer, we recommend you contact your employer’s system administrator for assistance in correcting or updating your information.

 

Some registered users may update their user settings, profiles, and organization settings by logging into their accounts and editing their settings or profiles.

To update your billing information, discontinue your account or request return or deletion of your personal information and other information associated with your account, please contact us by using the information in the “Contact Information” section, below.

 

15. Changes to This Privacy Policy

 

15.1. We may revise and update this Privacy Policy from time to time in our sole discretion. All changes will be posted on the Website in a manner requiring your consent, and by changing the date of last revision on this Privacy Policy. If you have provided us with your email address, we may also communicate with you by email to inform you of any changes, and you are responsible for ensuring we have an up-to-date active and deliverable email address for you. All changes are effective immediately when we post them, and apply to all access to and use of the Site and Services thereafter.

15.2. Your consent to the posting of any changes on the Site means that you accept and agree to the changes. You are expected to check our Website and this Privacy Policy from time to time so you are aware of any changes, as they are binding on you if you have given your consent.

 

16. Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, please contact us by email at info@planallies.com, or by writing to us at:

 

Attn: Privacy Officer, 333 NM-528, Suite LL-100, Rio Rancho, NM 87124.

 

17. Do You Need Extra Help?

If you would like this notice in another format (for example: audio, large print, braille), please contact us (see “Contact Information” above).

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