PRIVACY POLICY

HIPAA Notice of Privacy Practices

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General Disclaimer

Rise Acupuncture and Wellness Clinic LLC (“Rise Acupuncture”) is committed to protecting your privacy and developing or utilizing technology that gives you a safe online experience. This Privacy Policy (“Privacy Policy”) applies to the Rise Acupuncture website (https://www.risewellnessclinic.com) and includes, without limitation, related websites, mobile applications, Rise Acupuncture profiles on social media sites[1] and all other digital services and properties operated or used by Rise Acupuncture (collectively referred to as the “Sites”). By using the Sites, you agree to comply with and be bound by this Privacy Policy and Rise Acupuncture’s website Terms and Conditions (“Terms and Conditions”). Please read this Privacy Policy and the Terms and Conditions carefully. If you do not agree to both this Privacy Policy and the Terms and Conditions, you must immediately terminate your use of the Sites.

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1. Rise Acupuncture Privacy Policy Overview

This Privacy Policy explains how Rise Acupuncture may collect, use, share, and safeguard information learned or derived from, located on, or related to, the Sites from time to time. This Privacy Policy is meant to provide guidance to our clients, members, and prospective clients or members in an easy to understand format. If you have questions or concerns, please contact Rise Acupuncture’s Privacy Officer/data protection officer (“DPO”) at: andrew@risewellnessclinic.com.

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2. Amendments

Rise Acupuncture reserves the right to amend this Privacy Policy and/or the Terms and Conditions at any time, for any reason.

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3. Consent

a. When commercially practical, or as required by law, Rise Acupuncture will obtain your consent to collect, use, process, or disclose personal information (including Personally Identifiable Information and Non-Personal Data, as those terms are defined below). Rise Acupuncture may collect, use, process, or disclose personal information with or without your consent:

(i) when the collection, use or disclosure of personal information is permitted or required by law;

(ii) in an emergency that threatens an individual’s life, health, or personal security;
(iii) when the personal information is available from a public source;
(iv) when Rise Acupuncture or its affiliates require legal advice from an attorney;
(v) for the purposes of collecting a debt;
(vi) to assist Rise Acupuncture and its affiliates in loss prevention and to protect Rise Acupuncture and its affiliates from fraud;
(vii) to create, develop, operate, deliver, and improve our products, services, content and advertising; or
(viii) to investigate an anticipated breach of an agreement or a contravention of law.

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b. Consent may be provided orally, in writing, electronically, through an authorized representative or affiliate, or it may be implied where the purpose for collecting, using, or disclosing the personal information would be considered obvious and you voluntarily provide personal information for that purpose.

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c. Consent may also be implied when you are given notice and a reasonable opportunity to opt-out of providing personal information being used for mail-outs, marketing, or other Rise Acupuncture functions, and you do not opt-out.

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d. You may have a right under the European Union General Data Protection Regulation 2016/679 of 2018 (“GDPR”) to:

(i) withdraw consent;
(ii) request your Personally Identifiable Information (defined below) previously collected by Rise Acupuncture; or
(iii) pause any data processing relating to your Personally Identifiable Information in the event you object to it. If you would like to exercise any of the options listed in this subsection, please contact Rise Acupuncture’s Privacy Officer.

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e. In the event you are a resident of a jurisdiction subject to GDPR protections and are also using Rise Acupuncture’s Sites within a jurisdiction subject to GDPR protections, Rise Acupuncture will ensure your consent is consistently accurate with your most up-to-date information and the purpose for which the data is being used. If either of those changes, Rise Acupuncture will make a new request for your consent.

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f. We may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. We may also decline aspects of deletion or data access requests if we believe doing so would undermine our legitimate use of data for anti-fraud and security purposes.

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4. Information Rise Acupuncture May Collect

a. Personally Identifiable Information: We may collect information that identifies you (“Personally Identifiable Information”) when you contact us, or otherwise interact with Rise Acupuncture, including, but not limited to, applying for any membership, enrollment, or subscription in any Rise Acupuncture program or service, registering for a Rise Acupuncture event or program, and/or purchasing or licensing Rise Acupuncture products or services on the Sites. Types of Personally Identifiable Information collected may include your name, address, phone number, birth date, occupation/job title, billing and delivery information, email address, credit card, or other financial account information. Specific Personally Identifiable Information regularly collected by Rise Acupuncture from subscribers, purchasers, or licensees to or of Rise Acupuncture services include, but are not limited to:

(i) Client first and last name, phone number, and email address;
(ii) Business/Employer name, phone number, and email address; and
(iii) Client payment information, such as credit card numbers, ACH electronic transfer information, and checking account data.

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b. Non-Personal Data: As you interact with our Sites, we may collect information about your browsing history or certain other information that is not Personally Identifiable Information through your use of and visits to the Sites and our use of a variety of technologies, including, but not limited to, cookies (explained below), tags, beacons, Internet Protocol (IP) addresses, and other tools. The types of Non-Personal Data collected on our Sites, and other tools as Rise Acupuncture may add from time to time, include, but are not limited to the following: the search terms you used, new or returning user, browser information, computer type, operating system, internet service providers, website usage, referring/exit pages, platform type, date/time stamp, number of clicks, and ads viewed. Additionally, cookies, tags and other tools placed by third parties may collect other information about you and your visits to the Sites and elsewhere on the Internet (collectively, all of the foregoing data is referred to as the “Non-Personal Data”).

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5. How Rise Acupuncture May Use or Process Personally Identifiable Information

a. Rise Acupuncture’s Use of Your Personally Identifiable Information. Once collected, we may use your Personally Identifiable Information in a variety of ways including, but not limited to:

(i) Provide service communications such as bill reminders, order confirmations, license terms or license term updates, program registrations, and customer service messages;

(ii) Respond to your emails or online requests for products, services, or information;

(iii) Deliver or process surveys;

(iv) Personalize and improve the usability of the Sites;
(v) Fulfill or deliver Rise Acupuncture products and services;
(vi) Tailor content for the Sites and Rise Acupuncture advertising and marketing;
(vii) Share Personally Identifiable Information with third parties as required by law; and
(viii) Share your email address as permitted under the Rise Acupuncture “Sharing Your Email Address” policy described below.

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b. Sharing Your Personally Identifiable Information to Perform Business Functions. When Rise Acupuncture fulfills service requests initiated by you, we may share your Personally Identifiable Information with certain third parties to fulfill the requests or share such information with service providers that perform business functions for us. Rise Acupuncture may occasionally hire other companies to provide limited services on our behalf including, but not limited to, packaging, mailing and delivering promotional offers, answering customer questions about products or services, sending postal mail and processing registrations. In such cases, Rise Acupuncture may share your Personally Identifiable Information to the extent permitted by applicable law.

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c. Sharing Your Personally Identifiable Information When Legally Necessary or to Protect Rise Acupuncture’s Interests. Rise Acupuncture may disclose your Personally Identifiable Information if required to do so by law or in the good-faith belief that such action is necessary to:

(i) conform to legal requirements or comply with legal process served on Rise Acupuncture;
(ii) protect and defend the rights or property of Rise Acupuncture; or
(iii) protect the personal safety of Rise Acupuncture personnel or members of the public in appropriate circumstances.

In addition, if Rise Acupuncture and/or its assets (or a portion of its assets) are sold, assigned, transferred, or merged, or if Rise Acupuncture undergoes some other change including a change to its corporate form as part of a bankruptcy proceeding or otherwise, Personally Identifiable Information or Non-Personal Data may be transferred as part of that transaction or change.

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d. Sharing Your Email Address. Your email address will only be used by Rise Acupuncture, its affiliated entities, and third-party service providers (only as necessary to perform services you request) and will not be sold to anyone outside Rise Acupuncture. As such, Rise Acupuncture will refrain from sharing email addresses to unrelated third parties except to:

(i) enable Rise Acupuncture to take security measures to help protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data; or
(ii) perform certain services on our behalf, such as packaging, mailing and delivering products and processing event registrations and to respond to your service requests.

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e. You can manage your profile and email preferences, including opting out of email either online or by contacting Rise Acupuncture’s Privacy Officer/DPO at: andrew@risewellnessclinic.com.

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f. Rise Acupuncture will retain your Personally Identifiable Information for the period necessary to fulfill the purposes outlined in this Privacy Policy. When assessing these periods we carefully examine our need to collect Personally Identifiable Information at all – if we establish a relevant need we only retain it for the shortest possible period to realize the purpose of collection unless a longer retention period is required by law.

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6. How Rise Acupuncture May Use Non-Personal Data

a. Rise Acupuncture’s Use of Your Non-Personal Data. We may collect Non-Personal Data to improve the usability of our Sites/services and for other business purposes. We may share the Non-Personal Data we collect with third parties or permit third parties to place tools like cookies, tags and web beacons, and collect additional Non-Personal Data when you browse our Sites. Rise Acupuncture or other third-party companies may then use the Non-Personal Data to provide general advertisements and targeted advertisements to you (ads based on the Non-Personal Data). However, Rise Acupuncture will refrain from sharing any Personally Identifiable Information with third parties with whom we share your Non-Personal Data.

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b. How You Can Manage Collection of Non-Personal Data. Third-party advertising companies may collect data about your visit to our Sites and others; this is referred to as “Online Behavioral Advertising”. You may opt out from this collection and use of data by companies participating in the Digital Advertising Alliance (“DAA”) on the “Opt Out from Online Behavioral Advertising” website, located at: http://optout.networkadvertising.org.

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c. Third-Party Requests; Use or Analysis of Data.

(i) We may disclose your personal information, including Personally Identifiable Information and Non-Personal Data, upon government demand in the form of a court order or subpoena, when otherwise required by law, to enforce the policies herein, or to protect Rise Acupuncture personnel, property, or safety.
(ii) We may share your personal information, including Personally Identifiable Information and Non-Personal Data, to prevent illegal use of our products or services, or to defend Rise Acupuncture against any third-party claims.
(iii) We may transfer your personal information, including Personally Identifiable Information and Non-Personal Data, to a third party in whole or in part as part of a merger, acquisition, or similar transfer or assignment of assets.
(iv) We may transfer your personal information, including Personally Identifiable Information and Non-Personal Data, to third-party service providers to conduct or improve Rise Acupuncture business or the Sites, or for any business purpose, including, but not limited to credit card processing, shipping, data management, email distribution, marketing research, information analysis, and promotions management.

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7. Information Security

a. Rise Acupuncture implements security measures as commercially reasonable to help protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data, and restricts access to personal information to certain companies who may need to know that information in order to operate, develop, or improve services.

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b. Although Rise Acupuncture uses commercially reasonable security measures, data transmission over the Internet can never be guaranteed to be absolutely secure. Rise Acupuncture cannot guarantee or warrant the security of any information transmitted by you, or to or from our online products or services.

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c. In the event of an information security breach relating to the Rise Acupuncture Sites and the breach involves your Personally Identifiable Information, Rise Acupuncture will notify you as quickly as is commercially reasonable, and, if applicable, will notify applicable local data protection authorities, as that term is defined in GDPR, of the breach within seventy-two (72) hours of discovery.

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8. Use of Cookies

a. The Rise Acupuncture Sites use “cookies” to help you personalize your online experience. A cookie is a small piece of data in the form of a text file that is sent from a web page server and placed on your hard drive. Cookies cannot normally be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

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b. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to track your activities on a website (e.g., pages visited, links clicked on, etc.), and to record information about your use of the website so when you return to the site, customized features can be provided. For example, when you sign in to the Sites, a cookie helps the Sites recall your specific information on subsequent visits.  This simplifies the process of recording your personal information for access to Rise Acupuncture products and/or services.

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c. You have the ability to accept or decline/disable cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline or disable cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the websites you visit, including the Rise Acupuncture website.

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9. Children’s Privacy

a. Because we care about the safety and privacy of children online, we comply with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). COPPA and its accompanying regulations protect the privacy of children using the Internet. Rise Acupuncture does not knowingly contact or collect personal information from children under 13. The Rise Acupuncture Sites are only directed toward adult users and are not intended to solicit information of any kind from children under 13. Similarly, Rise Acupuncture complies with the provisions in GDPR regarding privacy of children and does not solicit information of any kind from children under 16 in jurisdictions subject to GDPR.

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b. It is possible that by fraud or deception we may receive information pertaining to children under 13, or equivalent minimum age depending on jurisdiction (under 16 in the case of jurisdictions subject to GDPR, for example). If we are notified of this, as soon as we verify the information, we will immediately obtain parental consent or otherwise delete the information from our servers. If you want to notify us of our receipt of information by children under 13, or equivalent minimum age depending on jurisdiction, please do so by sending an email to Rise Acupuncture’s Privacy Officer/DPO at: andrew@risewellnessclinic.com.

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10. Social Media and Third-Party Websites

Rise Acupuncture may use social media tools and websites to interact with its customers and resource partners (e.g., Facebook, Twitter, Instagram, Tumblr, Pinterest, LinkedIn, etc.). Social media websites may be used to advertise and/or publicize Rise Acupuncture products and services, and/or engage with members of the public. Rise Acupuncture does not use third-party websites to solicit and collect personal information from individuals. Any personal information collected by a third-party website will not be transmitted to Rise Acupuncture unless required for law enforcement purposes or as otherwise permitted by law. Rise Acupuncture’s privacy and other web policies do not apply to these third-party sites and we encourage you to read the policies of the third-party site when deciding whether to use it.

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11. Links to Other Sites

The Rise Acupuncture Sites may contain links to websites of other organizations. Rise Acupuncture does not directly endorse any of these websites or organizations. When you follow a link to another site, you leave the Sites and your website interactions are no longer protected by this Privacy Policy.  Rise Acupuncture is not responsible for, and does not endorse the privacy, security practices, or content of sites to which the Sites link, including but not limited to any content or information on such sites.

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12. Changes to This Privacy Policy

Rise Acupuncture will occasionally update this Privacy Policy to reflect updates to data privacy laws, and company and customer feedback. Rise Acupuncture encourages you to periodically review this Privacy Policy as may be modified from time to time. Your continued use or accessing of the Sites following the posting of changes to this Privacy Policy will be deemed your acceptance of such changes.

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13. Contact Information

Rise Acupuncture welcomes your comments regarding this Privacy Policy. If you have comments or would like to file a complaint, please contact Rise Acupuncture’s Privacy Officer at: andrew@risewellnessclinic.com.

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This document was last updated on June 9, 2021.

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[1] This Privacy Policy applies to Rise Acupuncture “profiles” on social media sites which are comprised of the intellectual property of Rise Acupuncture, but do not apply to social media hosting sites like Twitter, Facebook, or Instagram, all of which have their own privacy statements or policies. Rise Acupuncture encourages you to review the privacy policies for social media hosting sites if you use such sites.