Privacy Policy

Last updated: August 25, 2020 

Purpose. The purpose of this Privacy Policy (“Privacy Policy”) is to describe how Amerihealth Group LLC (“WeHealth,” “we,” “us”) collects, uses and discloses information we collect through our U.S. online interfaces (e.g., websites and mobile applications) owned and controlled by us, including agurgentcare.com, wehealth.nyc, and wehealthapp.com, our Facebook page, our Twitter page, and other social media pages, as well as HTML-formatted email messages that we send to you or receive from you (collectively, the “Platform“). If you have any questions or comments about this Privacy Policy or our privacy practices, please Contact Us (refer to the Contact Us section below for more information) by calling 1-800-WeHealth and ask to speak to the Privacy and Security Officer. 

Acceptance of terms. Your use of the Platform, signifies that you agree with all the terms of this Privacy Policy. Please do not use the Platform if you disagree with any part of this Privacy Policy. 

Scope. This Privacy Policy applies only to our online information-gathering and dissemination practices in connection with the Platform and does not apply to any of our practices conducted offline. This Privacy Policy applies only to information we collect at and through the Platform. Our Platform contains links to outside sites that are not owned or controlled by WeHealth. Please be aware that we are not responsible for the privacy practices of such other sites. When you leave our Platform, read the privacy statements of each and every website that collects personal information. Further, WeHealth is not responsible for the privacy practices of healthcare providers that you use through our Platform. Please consult the separate policies provided to you by those providers for a description of how they collect and use your information. 

Terms of Use. Please note that your use of our Platform is also subject to our Terms of Use (link). 

Accessibility. WeHealth attempts to make its information accessible to all individuals. If you use special adaptive equipment and encounter problems when using our Platform, please report them by calling: 1-800-WeHealth. We will let you know if the information is available in an alternate format. We strive to meet World Wide Web Consortium (W3C) Recommendations and other web industry standards, WeHealth is committed to making its Platform available to as many people as possible and makes every effort to ensure its communications are accessible to those with special needs, including those with visual, hearing, cognitive and motor impairments. If you come across a page you find difficult to use, please Contact Us at 1-800-WeHealth. 

1. INFORMATION THAT WE COLLECT 

A. Information that you provide to us. We collect information you provide to us, for example when you create or modify your account, register to use the Platform, purchase products or services, request information from us, contact customer support, or otherwise communicate with us. This information may include your name, address, billing address, email, telephone, gender, credit card information, bank information, insurance information, login credentials, date of birth, medical history and other health information, and other content you may provide, including certain “Personal Information,” which means any information relating to an identified or identifiable individual. 

B. Information we collect through your use of the Platform. We and our service providers use cookies, web beacons, and other technologies to receive and store certain types of information whenever you interact with our Platform through your computer or mobile device. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the Platform again, the cookie allows us to recognize your browser. Cookies may store unique identifiers, user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Platform features or services may not function properly without cookies. We use cookies to improve the quality of our service, including for storing user preferences, tracking user trends and providing relevant advertising to you. Information we collect in this manner may include your usage details (log-on activity, search terms, views, clicks, downloads, preferences); certain technical details (IP address, geolocation information, cookie/session IDs, authentication information, browser type/version, operating system/platform); and other information you may upload or enter into the Platform. Web beacons (also known as tracking pixel or clear GIFs) refer to unobtrusive methods of tracking user activity. We use web beacons to gather data about your preferences, measure the success of our marketing campaigns, and compile statistics about usage of the Platform and response rates. 

C. California Residents. We collect Personal Information as defined by the California Consumer Privacy Act, which is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information does not include de-identified or aggregate information, publicly available information that is lawfully made available from federal, state, or local government records, and information covered by certain sector-specific privacy laws. In the 12 months preceding the date this Privacy Policy was last updated, WeHealth has collected Personal Information from users including payment information, personal contact information, business information, log-in credentials, usage details, and technical details. This information has not been disclosed or sold. 

D. Children. Our Platform is not intended for children under 13 years of age, and we do not knowingly collect Personal Information from children under 13. If you are under 18, do not use or provide any information on our Platform without a parent or legal guardian present. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete it. If you believe we might have any information from or about a child under 13, please Contact Us. 

E. HIPAA. The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) is a federal statute imposing strict requirements on health care providers to protect your medical records and other individually identifiable health information. WeHealth is not a “covered entity” under HIPAA and is not subject to HIPAA requirements. Consult with your health care provider and review their privacy policy to learn more about the safeguards in place to protect your personally identifiable information. 

2. HOW WE USE AND SHARE YOUR INFORMATION 

A. To Enhance Your Experience. We use user-data to analyze our members’ usage patterns, interests and general behavior, and to better understand and serve you and our community. In addition, we use the information we collect from you to provide and improve products and services available on the Platform, provide information that you request from us, and to keep you informed of updates to our Platform and promote new offerings. We use your personal information to contact you about your orders or inquiries, process credit card and debit card transactions, ship products to you, and enhance your customer experience. 

B. Sharing with Third Parties. We may provide information to third party service providers that help us operate and manage our Platform, process orders, and fulfill and deliver products and services that you purchase from us. These service providers will have access to your personal information in order to provide these services, but when this occurs we implement reasonable contractual and technical protections to limit their use of that information to helping us provide the service. 

C. Advertising. We may use cookies and other data about how you use our Platform to provide relevant interest-based advertising to you. Interest-based ads are ads presented to you based on your browsing behavior. Interest-based ads may be presented to you while you are browsing our Platform or third-party sites not owned by WeHealth. We contract with third party service providers to help manage and optimize our business and communications. Our analytics partners help us measure the effectiveness of our advertising and monitor user preferences. 

D. Do Not Track. Currently, our Platform does not recognize “do not track” signals or similar mechanisms indicating you do not wish to be tracked or receive interest-based ads. To learn more about interest-based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance (www.aboutads.info) and the Network Advertising Initiative websites (www.networkadvertising.org). Please note that if you choose to opt out, you will continue to see ads on our Platform, but they will not be based on how you browse and shop. 

E. Your Consent. We may share your personal information with companies, organizations or individuals outside of WeHealth when we have your consent to do so. For example, with your permission, we may disclose your personal information to a health care provider for the purposes of treatment, payment, healthcare operations, or processing and payment of claims and other charges. 

F. Legal Proceedings. We may share your personal information with third party companies, organizations or individuals outside of WeHealth if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to: • Meet any applicable law, regulation, subpoena, legal process or enforceable governmental request; 

  • Enforce applicable Terms of Use, including investigation of potential violations; 
  • Detect, prevent, or otherwise address fraud, security or technical issues; 
  • Protect against harm to the rights, property or safety of WeHealth, our users, customers or the public as required or permitted by law. 

G. Change of Control. If the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business or the Platform to a third party, such as by merger, acquisition, bankruptcy proceeding or otherwise, we may transfer or sell your personal information to the new owner. In such a case, unless permitted otherwise by applicable law, your information would remain subject to the promises made in the applicable privacy policy. 

3. ACCESS TO YOUR INFORMATION 

A. Access; Closure. You can access and update certain information we have relating to your online account by signing into your account through the Platform. If you have questions about personal information we have about you or need to update your information, you can Contact Us or call us at 1-800-WeHealth. You can opt-out of receiving marketing and promotional e-mails from us by using the opt-out or unsubscribe feature contained in the e- mails. 

You can close your account by Contacting Us. If you close your account, we will no longer use your online account information or share it with third parties. We may, however, retain a copy of the information for archival purposes, and to avoid identity theft or fraud. 

B. California Residents. If you live in California, you have the right to: (1) request that we disclose what Personal Information we collect, use, disclose, and sell; (2) request deletion of Personal Information; (3) opt-out of the sale of Personal Information; and (4) not receive discriminatory treatment by WeHealth for exercising these rights. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. To make a request on your behalf, an authorized agent may Contact Us in writing with proof of your written and signed permission to do so. Please note, we may require you to verify your identity and confirm that you gave permission. 

Requests to Know. California residents have the right to request that we disclose the following information: 

  • Specific Personal Information WeHealth has collected about you; 
  • Categories of Personal Information WeHealth has collected about you, disclosed about you for a business purpose, or sold; 
  • Categories of sources from which the Personal Information is collected; 
  • Categories of third parties with whom WeHealth shares or to whom WeHealth sells Personal Information; and 
  • The business or commercial purpose for collecting and selling Personal Information. 

To make such a request, please Contact Us by email, telephone, or submit the request through your WeHealth account. In order to verify your request, WeHealth may require you to provide additional information to confirm the identity of the consumer. 

Requests to Delete. California residents have the right to request that we delete Personal Information about you that we collected and maintain, subject to certain exceptions. To make such a request, please Contact Us by email, telephone, or submit the request through your WeHealth account. In order to verify your request, WeHealth may require you to provide additional information to confirm the identity of the consumer. Once we verify your request, we will delete and direct our service providers to delete your Personal Information, unless an exception applies. 

Opt-Out of the Sale of Personal Information. California residents have the right to opt-out of the sale of your Personal Information. To make such a request, please Contact Us by email. To opt-out of WeHealth sharing your Personal Information with third parties to advertise our Platform, please additionally manage opt-out privacy controls. 

“Shine the Light” Request. California residents may also have the right to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please Contact Us. 

C. Nevada Residents. Nevada residents may have the right to opt-out of the sale of Personal Information we have collected or will collect. To make such a request, please Contact Us. 

4. SECURITY OF YOUR INFORMATION 

A. Security. We use industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Please note that e-mails and other communications you send to us through our Platform are not encrypted, and we strongly advise you not to communicate any confidential information through these means. WeHealth will notify you by email or other means as permitted or required by law if it is determined that a data security incident has occurred. 

B. Retention. We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. When determining the appropriate retention period for Personal Information, we take into account various criteria, such as the amount, nature and sensitivity of the Personal Information; potential risk of harm from unauthorized use or disclosure; purposes for which we process your Personal Information; whether we can achieve those purposes through other means; and business operations and legal requirements. Because we maintain our Platform to protect from accidental or malicious loss and destruction, residual copies of your Personal Information may be retained in our backup and archival systems for a limited period of time, after which the information will be automatically deleted or put beyond use where deletion is not possible. 

5. USERS OUTSIDE THE UNITED STATES 

A. Consent to US Processing. If you are a resident of the European Economic Area (EEA), in order to provide our Platform, products and services to you, we may send and store your personal information (also commonly referred to as personal data) outside of the EEA, including to the United States. Accordingly, your personal information may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection for your personal information. Where such transfers occur, we take reasonable steps to protect your information in any such country to the extent feasible under applicable law. By using and accessing our Platform, users who reside or are located in countries outside of the United States agree and consent to the transfer to and processing of personal information on servers located outside of the country where they reside, and that the protection of such information may be different than required under the laws of their residence or location. 

B. GDPR Disclaimer. The Platform is not intended to be used by individuals residing in the European Union, is not advertised or directed towards individuals residing in the European Union. The provisions contained in this Privacy Policy may or may not be compliant with European Union law, including its General Data Protection Regulation (“GDPR”), or affiliated or similar laws. However, we make good faith efforts to comply with GDPR, and to that end we expressly provide that European Union residents have a right to consent to how WeHealth uses your data. Above, we have described the data points we collect and how this information may be used. We never abuse your information. Under GDPR you have the right to ask for all the data collected on you by written request. Your data is stored in a secure database. It will take up to 72 hours to retrieve and send you collected data. The data will be provided in the form on a spreadsheet and sent via personal email. Your right to be forgotten refers to your right to have your information wiped from our database. If you wish for your information to be removed please call us at 1-800-WeHealth and we’ll confirm your information is removed via email within 72 hours. 

6. CHANGES TO OUR PRIVACY POLICY 

Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your consent in accordance with applicable law. Any changes to our Privacy Policy will be posted on this page and, if the changes are significant, we may provide a more prominent notice in our discretion (e.g., email notification). 

7. CONTACT US 

If you have any questions or concerns regarding this Privacy Policy, please contact us by calling 1-800-WeHealth and ask to speak to the Privacy and Security Officer. To the extent you are required to send a written request to us to exercise any right described in this Privacy Policy, you must submit your request to: 

WeHealth 
Attn: Compliance Officer 
2071 Flatbush Ave 
Brooklyn, NY 11234. 

Email: support@wehealth.nyc 

You may also make a complaint to your local data protection authority. 

All materials © 2022 WeHealth unless otherwise noted. All rights reserved.