Version 2: Effective Date: 6 August 2023
HappySneeze Website Privacy Notice
Note: If you wish to exercise privacy rights regarding data processed by HappySneeze, please submit requests to firstname.lastname@example.org with questions.
Section I. Introduction
This privacy notice (“Notice”) is for people who use this HappySneeze website and for people with whom we communicate for marketing and product educational purposes (“you”).
HappySneeze, Inc, and its affiliates (collectively “HappySneeze” or “we”) respect your privacy and will treat your data in accordance with applicable law(s). This Notice describes the types of information we collect, the purposes for which it is used, and the choices you have with respect to how we use your data. There is a separate privacy statement for people who use the HappySneeze digital health products and associated services. We encourage you to read these notices before using our website, products or associated platforms.
If you are a California resident and would like to exercise your California privacy rights, please see our California Consumer Privacy Act Notice below. If you are a UK resident, please see our General Data Protection Regulation Notice below.
HappySneeze currently limits our activities to the United States. Consequently, HappySneeze websites are not directed to residents outside the United States and we do not intend to collect personal information from visitors outside those regions. Your use of this site indicates you acknowledge our collection, use and disclosure of your information as described in this Notice. If you disagree with the way we collect or handle your data, please do not use our website(s).
1. The personal data that we collect
In this Section 1, we have set out the general categories of personal data that we process and, in the case of personal data that we did not obtain directly from you, information about the source and specific categories of that data. Your data is collected by HappySneeze in a few ways. Here is a list of the categories of personal data that are collected and used, with examples.
Data provided by you. You may submit your name, email address, and other contact and location information, for example to obtain product information or to set up a product account. This data is collected with your consent.
Data you provide at events or to publish your testimonial. With your consent, we collect information, such as your name and contact information, for those who attend professional or patient education events or medical conferences or who wish to share product testimonials.
Data collected automatically. When you use our websites, we automatically collect your device information, such as operating system and IP address, and browsing information, such as time, frequency and use pattern (collectively, “Analytics”). We may share de-identified Analytics with third party marketing partners to develop, improve and test our website and products. We currently do not respond to “Do Not Track” technologies.
Data collected from third parties. We collect data from third parties who manage relevant business contact databases. For those who use our prescription digital therapeutics, we may receive personal data from your health care provider or pharmacy in order to deliver access and treatment.
2. What we do with your personal data
We use your data for a number of purposes to operate our business, develop products, and provide digital therapeutic products and associated services. These include:
Operations. We use your data for the provision of treatment and support in connection with our digital health products and contracts with payers and national health services; to operate our business; develop and improve products and services; and for fraud prevention purposes.
Inquiries. We use your contact details and inquiry details to respond to your request for product or other information. If you are a health care provider, we will add you as a business contact.
Marketing. We communicate with you about relevant products or services. We will notify consumers regarding important product updates or related information and may continue to provide access to data and educational content after your digital health product usage terminates We do not sell your personal data to third parties, or share it for cross-context behavioral advertising.
Understanding usage and improving services. HappySneeze records data and uses analytics tools to help analyze how users use the website.
Conduct Research. We may use your information to contact you about marketing or user surveys, studies or clinical trials for which you may be eligible or that might interest you.
Compliance. For compliance with legal obligations, such as regulatory safety reporting obligations and insurance contracts.
In appropriate circumstances, we may share your data with third parties. The following are examples of when your data might be shared:
Service providers. Your personal data may be shared with your health care provider, pharmacy, and/or health care plan and vendors who help us operate our websites and digital advertising. These third parties are legally and/or contractually obligated to maintain the confidentiality of your personal data consistent with the terms of this Notice and applicable data protection laws.
Legal purposes. We will disclose your personal data in response to valid legal process, for example, in response to a court order, a subpoena or other legal request for information, and/or to comply with applicable legal and regulatory reporting requirements. We also may disclose your data in response to a law enforcement agency’s request or other request for information from the U.S. or other government entities, or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, serious adverse events, or to verify or enforce compliance with the policies governing our products and/or services and with applicable laws, or as otherwise required or permitted by law or consistent with legal requirements. In addition, we may, upon notice to you, transfer your data to an entity or individual that acquires, buys, or merges with HappySneeze, or our other business units.
Research Partners. We may share information with our research partners for particular projects or surveys. If you take part in such a project, you will be informed of these third parties in a separate or supplemental privacy notice.
3. Your Choices
For those who have created user accounts, you can request that your account be deleted by contacting Customer Support (hello@HappySneeze.com). Note that, once your account is deleted, you will no longer have access to any product content or tools. For more information about data deletion, see the Data Subject Rights section, below.
In some cases, you may have consented to receive product information or marketing communications from HappySneeze. You may withdraw your consent to further use of your personal data by (i) using the unsubscribe link in any marketing email received; or (ii) emailing us at email@example.com including your name, contact information, state/country of residence, and to which specific data you are directing the request. We will respond to your request once we have confirmed your identity and in accordance with the law(s) that applies[y] to you. Your personal data which we processed prior to your request may not be deleted from our website system records, but will be blocked from further use to contact you without your permission. A request to withdraw consent may not apply to information (i) collected by tracking technologies or used internally to recognize you and/or facilitate your visits to our website, (ii) we must keep in compliance with contractual or legal obligations; or (iii) necessary in order to provide you the digital health program during the prescription period.
4. Your rights
California Privacy Notice. If you are a California resident, California law provides you with specific rights regarding your personal information, including:
Access to your personal information
Delete your personal information (subject to certain exceptions)
Not to be discriminated against for exercising these privileges.
Transparency regarding what personal information we have collected and used over the past 12 months
We update this Privacy Notice annually to provide transparency regarding the categories of personal information we collect and how it is used. If you want to exercise your other data rights, you can submit (i) a data subject request to firstname.lastname@example.org. You can designate an agent to submit a data subject request on your behalf by either: (1) having your agent submit a letter, signed by you, certifying that the agent is acting on your behalf and showing proof that they are registered with the California Secretary of State; or (2) by you and the agent executing and sending us a notarized power of attorney stating that the agent is authorized to act on your behalf. Please note that we are only required to respond to two such requests per customer each year.
You also have the right to lodge a complaint to the California Privacy Protection Agency.
HappySneeze may have collected the following categories of personal information of California residents who visited the website in the past 12 months:
Identifiers such as a name, Internet Protocol address, email address, or other similar identifiers.
Categories of personal information described in subdivision (e) of California Civil Code Section 1798.80.
Internet or other electronic network activity information.
Sensitive personal information (health information) collected to determine if a product is right for you and to deliver therapeutic services.
This information is collected and used for the purposes disclosed in this notice. HappySneeze may have disclosed any of the above categories of personal information pursuant to an individual’s consent or under a written contract with a service provider for a business purpose (e.g., telehealth referral, prescription, billing) in the past 12 months. Personal information collected during the prescription and delivery of digital therapeutics will be maintained for at least seven years from completion of treatment, up to a maximum retention period of ten years. Consumer data collected solely for the purposes of marketing and other communications is retained for up to five years from collection.
HappySneeze has not sold personal information of website visitors in the past 12 months and does not sell consumer data to third parties for direct marketing purposes or share consumer data for cross-context behavioral advertising.
Data Subject Rights. For other individuals, depending on your country or state of residence (including Colorado, Connecticut, Utah, and Virginia residents) and as required by law, in addition to receiving the information provided in this Notice, you may have the right to:
Access and receive a portable copy of your data;
Delete or correct incomplete or inaccurate data, subject to HappySneeze’s legal and regulatory data retention requirements;
Restrict processing of sensitive data (e.g., health data) and opt-out of processing for profiling/targeting advertising; and
Confirm that HappySneeze does not sell your Personal Data.
We reserve the right to request additional information to verify your identity before we process your request and to maintain a copy of all requests for our legal records. If you wish to exercise these rights, please submit your request to email@example.com and we will respond to verifiable requests within 30-45 days, depending on the applicable state or country regulations (if any). Applicable privacy laws may give you the right to file a complaint with a government regulator if you are not satisfied with our response.
5. Links to Other Websites
You should be aware that when you link to another website (e.g., telehealth provider partner) from the HappySneeze website, HappySneeze has no control over that other website. Accordingly, HappySneeze cannot guarantee that the operator of that website will treat your privacy in the same manner as HappySneeze.
6. Data security
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place commercially reasonable physical, electronic, and managerial procedures to safeguard and secure the information we collect online. However, no security program is 100% secure, and thus we cannot guarantee the absolute security of your information.
7. Privacy Notice Changes
We will revise this privacy notice when necessary, and we encourage you to check back in future for changes.
This website is owned and operated by HappySneeze, Inc., on behalf of itself and its subsidiaries. You can contact us as follows:
HappySneeze Inc. a California Corporation
3530 Ethan Allen Ave
San Diego, CA 92117
Our data protection officer's contact details are hello@HappySneeze.com
What is a cookie?
A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed. Cookies may not contain any information that personally identifies a user, but personal data that we store about you may be linked to the information stored in and obtained from cookies.
Both websites and HTML emails may also contain other tracking technologies such as “web beacons” or “pixels.” These are typically small transparent images that provide us with statistics, for similar purposes as cookies. They are often used in conjunction with cookies, though they are not stored on your computer in the same way as cookies. As a result, if you disable cookies, web beacons may still load, but their functionality will be restricted.
Where we place cookies. We set cookies in a number of different locations across our services. These locations include our websites, mobile applications and the emails we send (collectively, “Services”).
Types of cookies.
The bullet points below outline the types of cookies we use on our Services and why we use them. We also provide explanations of their purpose(s).
Strictly Necessary. These cookies are essential for our Services to perform their basic functions. These include cookies that are required to allow registered users to authenticate and perform account related functions, as well as to save content entered by you to facilitate digital therapeutic product functionality, and to store preferences set by users such as account name, language, and location.
Analytics. Performance cookies collect information on how users interact with our Services, including what pages are visited most, as well as other analytical data. We use these details to improve how our Services function and to understand how users interact with our Services
Security. We use these cookies to help identify and prevent potential security risks.
Targeting. These cookies are used to display relevant advertising to users who use our Services, as well as to understand and report on the efficacy of ads served on our Services. They track details such as the number of unique visitors, the number of times particular ads have been displayed, and the number of clicks the ads have received. They are also used to build user profiles, including showing you ads based on products or services you’ve viewed or acts you have taken on our (and other) websites and services. These are set by us and trusted third party networks and are generally persistent in nature.
If you disable cookies, please be aware that some of the features of our Services may not function correctly.
For more details on your choices regarding use of your web browsing activity for interest-based advertising you may visit the following sites:
On a mobile device, you may also be able to adjust your settings to limit ad tracking.
Do Not Track Signals. Generally, we do not currently respond to, or take any action with respect to web browser "do not track" signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personal information about an individual’s online activities over time and across third party websites or online services. However, in some instances our third party service providers who integrate within our Services do honor Do Not Track signals.
Consent for Advertising Cookies on Our Sites. You will see a “cookie banner” on our websites on your first visit. We’ll display the banner to you periodically, just in case you change your mind.