Privacy Policy

1. Information We Collect

Depending on how you interact with OptionWise, we may collect the following categories of information.

Information You Provide

We may collect information you voluntarily provide through the Site, including:

• Name;
• Telephone number;
• Email address, if provided;
• Information submitted through forms;
• Responses to questions or selections made on the Site;
• Requests to receive information or be connected with a Referral Partner;
• Marketing and communications preferences; and
• Other information you choose to provide.

Consent and Compliance Information

When you provide consent, submit a form, check a consent box, click a button, or otherwise interact with a consent mechanism, we may collect information necessary to document and verify that interaction.

This information may include:

• Date and time of consent;
• Telephone number associated with the consent;
• The webpage or URL where consent was provided;
• The consent or disclosure language presented to you;
• Your interaction with the consent mechanism;
• IP address;
• Browser and device information;
• Referral source;
• Campaign information;
• Session information; and
• Consent-verification records or certificates.

We may use third-party consent-verification technologies, including TrustedForm or similar services, to create and maintain records of consumer consent.

Device and Usage Information

When you visit the Site, certain information may be collected automatically, including:

• IP address;
• Browser type;
• Device type;
• Operating system;
• Approximate location derived from IP address;
• Pages viewed;
• Links clicked;
• Date and time of visits;
• Referring website or source;
• Session activity; and
• Other technical information concerning use of the Site.

Health-Interest Information

Because OptionWise may provide information and referrals relating to health, wellness, weight management, telehealth, or similar services, your interactions with the Site may indicate or allow us to infer an interest in certain health-related products or services.

Depending on your interaction with the Site, this may include:

• Interest in weight-management services;
• Interest in health or wellness products;
• Interest in telehealth services;
• Health-related content or offers with which you interact;
• Requests to be connected with a healthcare or telehealth provider; and
• Information you voluntarily provide in connection with a health-related request.

OptionWise does not provide medical diagnoses or make medical treatment decisions.

You should not submit medical records or detailed medical information through OptionWise unless specifically requested and appropriate for the service you are using.

2. How We Collect Information

We may collect information:

• Directly from you;
• Through forms and consent mechanisms on OptionWise.us;
• Through your interaction with links contained in communications;
• Automatically through cookies and similar technologies;
• Through consent-verification and compliance providers;
• From marketing or referral sources; and
• From service providers assisting us in operating the Site or fulfilling your requests.

3. How We Use Information

We may use personal information for purposes including:

• Operating and maintaining OptionWise.us;
• Responding to your requests;
• Connecting you with a Referral Partner when requested;
• Facilitating referrals;
• Providing information regarding products or services you have requested or expressed interest in;
• Delivering communications you have authorized;
• Administering SMS and other communications programs;
• Recording and verifying consent;
• Maintaining TrustedForm or similar consent-verification records;
• Honoring opt-out and revocation requests;
• Preventing fraud, abuse, or unauthorized activity;
• Monitoring and improving Site functionality;
• Performing analytics;
• Measuring marketing and campaign performance;
• Maintaining compliance records;
• Protecting our rights and the rights of others;
• Responding to legal or regulatory requests; and
• Complying with applicable laws and requirements.

We may also use information in aggregated or de-identified form where the information can no longer reasonably identify you.

4. Referral Partners

When you request or affirmatively choose to receive information about a product or service or to be connected with a Referral Partner, we may provide information reasonably necessary to facilitate that request to the applicable Referral Partner.

Information shared for this purpose may include:

• Name;
• Contact information;
• Referral information;
• Information concerning the product or service you requested;
• Information you submitted through the applicable form; and
• Information reasonably necessary to complete the requested referral.

Referral Partners are independent third parties.

Once information is received by a Referral Partner, that Referral Partner’s independent collection, use, storage, and disclosure of your information may also be governed by its own privacy policies, terms, notices, and legal obligations.

We encourage you to review the privacy practices of any Referral Partner with whom you choose to interact.

5. Text Messages and Mobile Information

If you affirmatively consent to receive SMS or MMS communications, your telephone number and consent information may be used to provide the communications described in the consent disclosure presented to you.

Marketing communications may concern products or services offered by the sender or Referral Partner specifically identified in the applicable consent disclosure.

Messages may be delivered using automated technology where permitted by applicable law and consistent with the consent you provide.

Message frequency may vary. Message and data rates may apply.

You may opt out of marketing text messages at any time by replying STOP.

You may reply HELP for assistance.

Consent to receive marketing text messages is not a condition of purchasing a product or service or receiving healthcare services.

Mobile Information and Messaging Consent

OptionWise does not sell, rent, or disclose mobile telephone numbers, SMS opt-in information, or messaging consent to unrelated third parties or affiliates for their own independent marketing or promotional purposes.

Mobile information and messaging consent may be processed by vendors and service providers that assist us with activities such as:

• Delivering communications;
• Maintaining messaging infrastructure;
• Verifying consent;
• Maintaining compliance records;
• Preventing fraud;
• Providing technical services; and
• Complying with applicable law.

These parties may use such information only for the purposes for which it was provided or as otherwise permitted or required by law.

Information may also be provided where necessary to fulfill a referral, communication, transaction, or service you have specifically requested.

Your consent to one messaging program does not automatically constitute consent to receive marketing communications from an unrelated sender.

6. Consent Verification and TrustedForm

OptionWise may use TrustedForm or similar consent-verification and recordkeeping technology to document consumer interactions and maintain evidence of consent.

These technologies may collect or record information relating to a consent event, including:

• The webpage visited;
• The consent language displayed;
• Date and time;
• Telephone number associated with the consent;
• IP address;
• Device and browser information;
• User interactions with the page;
• Referral or campaign information;
• Form and session information; and
• Other information reasonably necessary to document the consent event.

We may maintain these records for purposes including:

• Consent verification;
• Compliance;
• Dispute resolution;
• Fraud prevention;
• Auditing;
• Legal defense; and
• Administration of communications programs.

Consent records may be provided to parties with a legitimate need to document or verify consent, including applicable Referral Partners, communications providers, technology providers, compliance vendors, service providers, regulators, courts, or other appropriate parties where reasonably necessary or required by law.

7. Cookies and Similar Technologies

We may use cookies, pixels, tags, scripts, and similar technologies to operate the Site and understand how visitors interact with it.

These technologies may be used for:

• Site functionality;
• Security and fraud prevention;
• Remembering preferences;
• Analytics;
• Measuring traffic;
• Understanding referral sources;
• Measuring campaign performance; and
• Advertising or marketing measurement where permitted by applicable law.

Some technologies may be provided by third-party service providers.

You may be able to control certain cookies through browser settings or other privacy controls made available on the Site.

Disabling cookies may affect the functionality of certain portions of the Site.

8. How We Disclose Information

We may disclose personal information in the circumstances described below.

Referral Partners

When you request to be connected with or receive information regarding a Referral Partner’s products or services, we may provide information reasonably necessary to fulfill that request to the applicable Referral Partner.

Service Providers

We may provide information to vendors or service providers that perform services on our behalf, including providers of:

• Website hosting;
• Communications infrastructure;
• SMS delivery;
• Consent verification;
• Data processing;
• Analytics;
• Security;
• Fraud prevention;
• Compliance;
• Customer support; and
• Technical services.

Legal and Compliance Purposes

We may disclose information where reasonably necessary to:

• Comply with applicable law;
• Respond to legal process, court orders, or government requests;
• Cooperate with regulatory authorities;
• Enforce our Terms & Conditions;
• Establish, exercise, or defend legal claims;
• Investigate fraud or misuse;
• Protect the Site; or
• Protect the rights, safety, or property of OptionWise, our users, or others.

Business Transactions

Information may be transferred in connection with a merger, acquisition, financing, restructuring, sale of assets, bankruptcy, or similar business transaction, subject to applicable legal requirements.

9. Consumer Health Data

Certain information collected through or inferred from interactions with OptionWise may constitute “consumer health data,” sensitive data, or similar information under applicable privacy laws.

Depending on your interaction with the Site, this information may include:

• Interest in weight-management products or services;
• Interest in health, wellness, or telehealth services;
• Health-related products or content with which you interact;
• Requests for health-related products or services;
• Health-related selections made through the Site; and
• Other information you voluntarily provide relating to your health interests.

Sources of Consumer Health Data

We may collect this information:

• Directly from you;
• From your interactions with OptionWise.us;
• From forms or links through which you reach the Site; and
• From service providers assisting us in providing the services you request.

How Consumer Health Data Is Used

We may use consumer health data to:

• Provide information or referrals you request;
• Connect you with an applicable Referral Partner;
• Operate and improve the Site;
• Verify consent;
• Prevent fraud;
• Maintain compliance records; and
• Fulfill other purposes disclosed when the information is collected.

Categories of Parties Receiving Consumer Health Data

Where necessary for the purposes described in this Privacy Policy, consumer health data may be disclosed to:

• Referral Partners with whom you request to be connected;
• Technology and hosting providers acting on our behalf;
• Communications providers;
• Consent-verification and compliance providers;
• Security and fraud-prevention providers; and
• Governmental, regulatory, or legal authorities where required or permitted by law.

OptionWise does not sell consumer health data in exchange for monetary payment.

Where applicable law requires separate or additional consent before collecting, using, or sharing consumer health data for a particular purpose, we will seek that consent as required.

10. Advertising and Analytics

We may use analytics and marketing technologies to understand how users reach and interact with the Site, measure campaign performance, and improve our services.

Information processed through these technologies may include:

• Device identifiers;
• IP address;
• Browser information;
• Referral source;
• Pages viewed; and
• Interactions with the Site.

We do not provide SMS messaging consent to advertising platforms for their own independent marketing purposes.

Depending on applicable law and the technologies used, certain online advertising or analytics disclosures may be treated as a “sale,” “sharing,” or “targeted advertising” activity even where money is not exchanged.

Where required by applicable law, we will provide applicable privacy choices concerning these activities.

11. Data Retention

We retain personal information for as long as reasonably necessary to fulfill the purposes described in this Privacy Policy.

This may include retaining information to:

• Provide requested services;
• Facilitate requested referrals;
• Maintain business and compliance records;
• Document consent;
• Honor opt-out requests;
• Resolve disputes;
• Enforce agreements;
• Prevent fraud; and
• Satisfy legal, regulatory, or contractual requirements.

Retention periods may vary depending on the nature of the information and the purpose for which it was collected.

When information is no longer reasonably necessary, we may delete, de-identify, aggregate, or otherwise dispose of it in accordance with applicable requirements.

12. Data Security

We use reasonable administrative, technical, and organizational safeguards designed to protect personal information from unauthorized access, disclosure, alteration, loss, or misuse.

However, no website, communications network, transmission method, or electronic storage system can be guaranteed to be completely secure.

13. Your Privacy Rights

Depending on your location and applicable law, you may have certain rights regarding your personal information.

These rights may include the right to:

• Confirm whether we process information concerning you;
• Request access to personal information;
• Request correction of inaccurate information;
• Request deletion of certain information;
• Obtain a copy of certain personal information;
• Withdraw consent where processing is based on consent;
• Opt out of certain sales or sharing of personal information;
• Opt out of certain targeted advertising;
• Limit certain uses of sensitive personal information;
• Request information concerning disclosures of consumer health data;
• Withdraw consent to certain collection or sharing of consumer health data; and
• Appeal certain decisions regarding privacy requests where provided by applicable law.

You will not be unlawfully discriminated against for exercising rights provided by applicable privacy law.

Privacy requests may be submitted using the privacy request or contact methods made available through OptionWise.us.

We may need to verify your identity before fulfilling certain requests.

14. California Privacy Rights

Where applicable, California law may provide California residents with additional rights concerning their personal information.

The categories of information OptionWise may collect are described throughout this Privacy Policy and may include:

• Identifiers;
• Contact information;
• Internet or electronic network activity;
• Device information;
• Referral or commercial information;
• Approximate location information;
• Inferences regarding interests;
• Health-interest information;
• Consent records;
• Communications information; and
• Other information you voluntarily provide.

We may collect these categories directly from you, through your interactions with the Site, and from service providers or referral sources.

We may disclose categories of personal information to Referral Partners and service providers for the purposes described in this Privacy Policy.

Where applicable, eligible consumers may have rights to request access, correction, deletion, and information regarding certain disclosures, as well as rights regarding certain sales, sharing, targeted advertising, or uses of sensitive personal information.

Mobile telephone numbers and SMS opt-in or consent information are not sold or disclosed to unrelated third parties or affiliates for their own independent marketing or promotional purposes.

Requests may be submitted through the privacy request or contact methods made available through OptionWise.us.

15. Consumer Health Data Rights

Where applicable consumer health privacy laws provide additional rights, eligible consumers may have the right to:

• Confirm whether OptionWise collects, uses, or shares consumer health data concerning them;
• Access qualifying consumer health data;
• Obtain information concerning certain parties with whom consumer health data has been shared;
• Withdraw consent to certain collection or sharing of consumer health data; and
• Request deletion of qualifying consumer health data.

Requests may be submitted through a secure privacy request or contact mechanism made available through OptionWise.us.

We may take reasonable steps to verify the identity of the person making a request before fulfilling it.

16. Third-Party Websites

OptionWise.us may contain links to or redirect you to websites operated by Referral Partners or other third parties.

Once you leave OptionWise.us, the privacy practices and terms of the destination website apply.

We encourage you to review the privacy policy and terms of any third-party website before providing information.

OptionWise is not responsible for the privacy, security, content, or practices of websites we do not operate.

17. Children’s Privacy

OptionWise is intended for adults and is not directed toward individuals under the age of 18.

We do not knowingly intend to collect personal information from children through the Site.

If we learn that information has been collected from a child in circumstances where collection is not permitted, we may take reasonable steps to delete that information.

18. Changes to This Privacy Policy

We may update this Privacy Policy periodically to reflect changes in our practices, technologies, services, or applicable requirements.

When changes are made, we may update the Effective Date shown at the top of this Privacy Policy.

Material changes may be communicated through the Site or through other appropriate methods where required by law.

19. Contact and Privacy Requests

Questions regarding this Privacy Policy or requests concerning personal information may be submitted using the contact or privacy request methods made available through OptionWise.us.

Questions concerning medical treatment, prescriptions, healthcare services, patient accounts, or information submitted directly to a Referral Partner should be directed to the applicable Referral Partner.