XYON Privacy Policy

Effective Date: June 28, 2022

 

XYON Health Inc. (“XYON,” “we,” “us” or “our”) recognizes the importance of protecting the privacy of our online visitors. The following privacy policy (“Privacy Policy”) is the way we handle information learned about you from your visits to our website available at XYONhealth.com (the, “Site”), as well as what we collect and process through your use of any services offered through our Site (the “Service”).

 

PLEASE REVIEW THIS PRIVACY POLICY CAREFULLY. When you submit information to or through the Site and Service, you consent to our collection and processing of your information as described in this Privacy Policy. By using the Site and/or Service, you accept the terms of this Privacy Policy and our Terms of Use, confirm that you are located in the United States or Canada, and consent to our collection, use, disclosure and retention of your information as described in this Privacy Policy. We currently only accept business and Site visitors within the United States and Canada.

 

It is important for users of our Site and Services to read the Privacy Policy carefully. The Privacy Policy may change over time in coordination with new or different services that we may provide in the future, or for other unforeseeable reasons. We have provided an Effective Date so that users of the Site and Services can be aware of the Privacy Policy in effect at all times. We encourage all users to occasionally refer to this Privacy Policy so that they can remain aware of our current practices.

 

Background

XYON is not a healthcare providernor does it practice medicine or pharmacy. XYON offers health and wellness solutions for men (“Customers”). As part of its offering, on behalf of Customers who are seeking treatment for certain conditions, XYON facilitates telehealth consultations (“Telehealth Services”) between Customers and independent healthcare providers who may be able to provide treatment to Customers (“Telehealth Providers”). If a Telehealth Provider prescribes a medication to a Customer, then, on behalf of the Customer, XYON also facilitates the communication of the prescription to an independent pharmacy (“Pharmacy Providers”) that can fill, dispense and deliver the medication to the Customer (“Pharmacy Services”). XYON’s Services including facilitating the Telehealth Services and Pharmacy Services provided by the Telehealth Providers and Pharmacy Providers, respectively.

 

By using the Services, you are not entering into a healthcare provider-patient relationship with XYON. Any information that XYON collects from or discloses to the Telehealth Provider or the Pharmacy Provider is limited to what is necessary to provide you the Services and such information is only processed with your express authorization and in connection with our direct customer relationship with you. The practices of any third party are subject to such third party’s own policies and procedures and XYON is not responsible for any of the privacy or data security practices of such third parties. If you have questions about how the Telehealth Provider or Pharmacy Provider process your personal information, please contact them directly.

What Does This Privacy Policy Apply To?

This Privacy Policy describes our privacy practices for information that we collect:

• through your use of the Site and Services
• when you authorize the Telehealth Provider and Pharmacy Provider to share limited personal information with XYON;
• when you communicate with us in any way including by calling, texting or emailing us, participating in an online chat, connecting with us on social media, post to our social media pages and tagging us in your social media posts (collectively, “Communications”); and
• when you respond to our advertisements or participate in surveys or participate in our contests or promotions (the “Participation Opportunities”).

The Site, Services, Communications and Participation Opportunities are collectively referred to as the “Company Activities and Interactions.”

 

What information is being collected?

When you use the Site or Services, we may collect certain information about you. This information may be personal information or other information that does not directly identify you.

1. Personal Information: This category includes any information that would allow us to identify you personally including information that you authorize the Telehealth Provider and Pharmacy Provider to share with XYON.
2. Other Information: This category refers to information that does not directly identify a specific individual. For instance, the Site may track the total number of visitors to the Site, the number of visitors to a particular page of the Site, and/or other such technical information. This data may be used to diagnose problems with the Site, gather demographic, geographic and other information that does not directly identify you to improve our services or marketing efforts, improve our services and product, and for similar purposes. We may also make Personal Information anonymous or aggregate such anonymous data so that it becomes Other Information.

How Do We Collect Information?

The information we collect through the Site and Services may be collected through a number of ways. Most information is provided voluntarily by you, however, we may also collect certain information about you automatically when you use the Site or Services, as well as through third party sources. This section provides more detail about how we collect information from you:

 

1. Information Voluntarily Provided: XYON may collect information, which may include Personal Information, voluntarily provided to us by the user. This information may be collected in coordination with a voluntary survey, information or service request, account creation, promotional contest, participate in a give-away, apply for a position with XYON or by similar voluntary methods. This information includes the following categories of information:
   1. Contact Information, including names, addresses, e-mail addresses, account information, and phone numbers.
   2. Billing Information, credit card numbers and related information like billing address.
   3. Demographic Information, including age and gender.
   4. Account Information, including user name and password
   5. Content, including any content in any communications to us such as emails and phone calls.
   6. Consultation Information, including Contact Information, medical history, and photographs, that you authorize XYON to share with the Telehealth Provider and the Pharmacy Provider.
2. Information Automatically Collected: XYON may also automatically collect information, which may include information that is considered under certain laws as Personal Information, when you use the Site and Services. This information may include the following categories of information:
   1. Service Use Data, including data about features you use, pages you visit, emails you view, products and services you view and purchase, the time of day you browse, and your referring and exiting pages.
   2. Device Data, including data about the type of device or browser you use, your device’s operating software, your internet service provider, your device’s regional and language settings, and device identifiers such as IP address
   3. Location Data, including imprecise location data (such as location derived from an IP address or data that indicates a city or postal code level)
   4. Log Files, which are files that record events that occur in connection with your use of the Site or Service.
   5. Cookies, which are small data files stored on your device that act as a unique tag to identify your browser. We use two types of cookies: session cookies and persistent cookies. Session cookies make it easier for you to navigate our Site and expire when you close your browser. Persistent cookies help with personalizing your experience, remembering your preferences, and supporting security features. Additionally, persistent cookies allow us to bring you advertising both on and off the Site. Persistent cookies may remain on your device for extended periods of time, and generally may be controlled through your browser settings.
3. Third Party Information: XYON may collect certain information with your consent, which may include Personal Information, from third parties, including Telehealth Providers and Pharmacy Providers, and add it to the other information collected. Information from the Telehealth Provider may include information about any prescription issued to you or other information you submit to the Telehealth Provider.

Cookies and Other Information Collection Tools

Duration of Cookies. We may use “session cookies” or “persistent cookies.” Session cookies are temporary and expire once you close your browser or once your session ends. Persistent cookies remain on your device for much longer or until you or your browser erase them. Persistent cookies have varying durations that are dependent on their expiration date.

What types of cookies do we use?

• Essential cookies: Essential cookies allow us to offer you the best possible experience when you access and navigate through our Site or use its features. For example, these cookies let us recognize that you have created an account and have logged into that account
• Performance cookies: Performance cookies help us collect information about how our users interact with the Site. We use performance cookies to improve the Site. For example, we use these cookies for analytics that let us see how our Site is being used and where to make improvements. The information is collected does not identify the user and generally includes the number of visitors, where visitors have come from to the Site and the pages they visited.
• Functionality Cookies: These cookies enhance the performance and functionality of our Site, often as a result of something you’re doing as a user. For instance, we may personalize our content for you or remember your preferences.
• Advertising Cookies: Marketing cookies enable us and advertisers to serve ads and content that are relevant to our interests based on the websites you view, clicks, and other advertisements viewed.  We use cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS

Why do we use them? Cookies help us improve the Site and Services by providing us with information about which parts of the Site and Services are most popular, enabling us to analyze technical and navigational information about the Site and Services, and helping us to detect and prevent fraud. We also use cookies and other data collection tools (such as web beacons and server logs)to help improve your experience with the Site and Services. For example, we use Google Analytics to help analyze how users use the Site and Services. These tools use cookies to collect standard Internet log information and visitor behavior information in an anonymous form. The information generated by the cookie about your use of the Site and Services (including IP address) is transmitted to our data collection tool service providers. This information is then used by us to evaluate visitors’ use of the Site and Services and to compile statistical reports on website activity for XYON. If you would like to opt-out from the use of your information by Google analytics, you may use Google’s analytics opt-out browser add-on designed for this purpose.

We will not share your opt-in to an SMS campaign with any third party for purposes unrelated to providing you with the services of that campaign. We may share your Personal Data, including your SMS opt-in or consent status, with third parties that help us provide our messaging services, including but not limited to platform providers, phone companies, and any other vendors who assist us in the delivery of text messages.

For more information about how to control cookies, please see the section entitled “Your Choices: Cookie Usage” below.

 

How Do We Use Personal Information?

Information collected by the Company Activities and Interactions is used for the following purposes:

• to provide the Site and Service to you and to improve the Site and Service;
• to operate, improve, and personalize the products and services we offer, and to give each user a more consistent and personalized experience when interacting with us;
• to provide marketing and promotion efforts, including providing you with information about products and services that we may provide that we think may be of interest to you;
• for customer service;
• to communicate with you;
• for research and analysis purposes;
• to fulfill your requests, such as those related to ordering and payment;
• to enforce agreements, address security hazards, prevent fraud or illegal or improper activities;

For administrative purposes; and

For other legally permissible purposes.

We allow you to “opt-out” of receiving certain marketing material, as discussed in more detail below.

We may also de-identify your information such that it is no longer considered personally identifiable information. We may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes.

To What Extent Do We Disclose Your Information to Third Parties?

XYON may share your information in the following situations:

• With Telehealth Providers and Pharmacy Providers. We share your Personal Information with the Telehealth Providers and Pharmacy Providers with your consent to provide the Services.
• With Third Party Service Providers Performing Services on Our Behalf. We share your Personal Information with other service providers to perform the functions for which we engage them. For example, we may use third parties to host the Site and Service, assist us in providing functionality on the Site and Service, provide data analysis and research on the Site and Service, send out email updates about the Site and Service (including product promotions), remove repetitive information from our user lists, and to process payments.
• For Legal Purposes. We also may share information that we collect from users as needed to enforce our rights, protect our property or protect the rights, property or safety of others, or as needed to support external auditing, compliance with laws and corporate governance functions. We will disclose personal information as we deem necessary to respond to a subpoena, regulation, binding order of a data protection agency, legal process, governmental request or other legal or regulatory process. We may also share personal information as required to pursue available remedies or limit damages we may sustain.
• Business Transfers. We may share your information, including Personal Information, as part, of or in connection with, a merger, acquisition, assignment, as part of debt financing, the sale of company assets, or in any similar transaction, or to the extent as may be required in the unlikely event of insolvency bankruptcy, or a receivership.

XYON does not share your personal information with third parties for those third parties’ direct marketing purposes.

Where is Personal Information Transferred?

XYON is headquartered in Canada, and uses Third Party Providers in Canada and the United States. This means your Personal Information may be outside of your state, province, country, or governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction.

How is Personal Information Secured?

We employ safeguards designed to help preserve our Site’s and Services’ user’s security and privacy and to help prevent the misuse of any Personal Information. These safeguards are consistent with industry standards. We also enter into contracts with our Third Party Providers that require them to treat Personal Information in a way that’s consistent with this Policy. Unfortunately, no data transmission over the Internet or any wireless network can be absolutely secure. As a result, while we strive to protect your Personal Information, we can make no representations or warranties regarding the security of any data exchanged through the Site or Services. There are potential security risks beyond our control. With this in mind, by using the Site and Services you acknowledge that you are transmitting data through the Site and Services at your own risk.

We retain relevant Personal Information related to your account and/or your business relationship with us pursuant to applicable federal, state, provincial, and territorial rules and regulations and so long as retaining said Personal Information is necessary including, but not limited to, the duration of time that you utilize Xyon’s service, including our Site, the duration for which any amounts owed to Xyon are due by you, and a reasonable period after termination of any business relationship via signed release and/or communications between Xyon and you.

Links to External Sites

Our Site may contain links to third party websites (“Linked Sites”). Any access to and use of Linked Sites is not governed by this Privacy Policy, but is instead governed by the privacy policies of those third party websites, and we are not responsible for the information practices of such third party websites.

You should be aware that third party sites which display advertisements linking to our Site may use a “cookie” to passively collect information to tailor advertising for you. We do not have control over or access to the third-party data collected.

The data we collect from visitors to our Site and users of the Service may be shared with our third party vendors, such as Google or Bing, or other sites on the Internet for data analytics purposes. The privacy policies for such Linked Sites may differ from ours, and you are encouraged to review them.

Your Choices

You may opt out of receiving future promotional communications from us by emailing us at service@xyonhealth.com or by following the instructions within a promotional communication you received from us. To learn more about your choices regarding receiving promotional emails or other communications, please email us at service@xyonhealth.com.

Opt-out: Our third-party advertising partners may collect data about your visits to the Site to help them better understand your advertising preferences, and provide you with offers they believe you will be interested in. You may opt out of receiving certain advertising tailored to you from third parties. If you would like to opt out of behavioral advertising or to learn more, please visit

• http://www.aboutads.info/choices/
• https://policies.google.com/technologies/ads
• http://optout.networkadvertising.org/?c=1#!/.

 

Options you select are browser and device specific.

Do Not Track: Our Site does not currently take any action when it receives a Do Not Track request. Do Not Track is a privacy preference that you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. For details, including how to turn on Do Not Track, visit www.donottrack.us.

Cookie Usage: Web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to manage and delete cookies, visit www.allaboutcookies.org. Some web browsers provide settings that allow a user to reject cookies or to alert a user when a cookie is placed on the user’s computer, tablet or mobile device. Most mobile devices also offer settings to reject mobile device identifiers. Although users are not required to accept cookies or mobile device identifiers, blocking or rejecting them may prevent access to some features available through the Site.

Children’s Privacy

We do not intentionally collect data from children under the age of 13. The Sites are not directed to children under 13 and children under 13 should not use the Sites. If we learn that we have inadvertently collected any such data, we will delete it as soon as possible.

Contact Us

If you have any questions regarding this Privacy Policy, please contact our Privacy Officer at XYON-Privacy@xyonhealth.com.

Notice to Canadian Residents – Your Privacy Rights

You may request access to or correction of your personal information in our custody or control, by writing to us as described below. You may also have the right, in specified circumstances, to object to our use of your personal information or restrict its use, to request a copy of the information you have provided to us to use for your own purposes, or to lodge a complaint with a supervisory authority. Your rights are subject to applicable legal restrictions and we may take appropriate steps to verify your identity before responding to your request.

If you have any questions regarding this Privacy Policy, please contact our Privacy Officer at XYON-Privacy@xyonhealth.com.