PinkCare AI Privacy Notice
Last Update: 07/19/2024
This Privacy Notice applies to the processing of personal information by Accutar Biotechnology, Inc. d/b/a PinkCare AI (“PinkCare AI,” “we,” “us,” or “our”) including through our web interface, on our website available at https://chat.pinkcare.ai, the chatbot services accessible via our website and corresponding mobile application, and our other online or offline offerings which link to, or are otherwise subject to, this Privacy Notice (collectively, the “Services”).
Disclosure Regarding the Supplemental Consumer Health Data Privacy Statement. For information on our processing of “consumer health data” that is subject to the Washington My Health My Data Act or Nevada Senate Bill 370, please see Annex A – Supplemental Consumer Health Data Privacy Statement.
UPDATES TO THIS PRIVACY NOTICE
We may update this Privacy Notice from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Privacy Notice on our website, and/or we may also send other communications.
PERSONAL INFORMATION WE COLLECT
We collect personal information that you provide to us, personal information we collect automatically when you use the Services, and personal information from third-party sources, as described below.
Personal Information You Provide to Us Directly
We may collect personal information that you provide to us.
Account Information. We may collect personal information in connection with the creation or administration of your account. This personal information may include, but is not limited to, your name, email address, phone number, and other information you store with your account.
Purchases. We may collect personal information and details associated with your purchases, including payment information. Any payments made via our Services are processed by third-party payment processors. We do not directly collect or store any payment card information entered through our Services, but we may receive information associated with your payment card information (e.g., your billing details).
Your Communications with Us. We, and our service providers, may collect the information you communicate to us, such as through email or our web chat tool.
Conferences, Trade Shows, and Other Events. We may collect personal information from individuals when we attend or host conferences, trade shows, and other events.
Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.
Job Applications. If you apply for a job with us, we will collect any personal information you provide in connection with your application, such as your contact information and CV.
Personal Information Collected Automatically
We may collect personal information automatically when you use the Services.
Device Information. We may collect personal information about your device, such as your Internet protocol (IP) address, user settings, cookie identifiers, other unique identifiers, browser or device information, Internet service provider, and location information (including, as applicable, approximate location derived from IP address and precise geo-location information).
Usage Information. We may collect personal information about your use of the Services, such as the pages that you visit, items that you search for, the types of content you interact with, information about the links you click, the frequency and duration of your activities, and other information about how you use the Services.
Cookie Notice (and Other Technologies). We, as well as third parties, may use cookies, pixel tags, and other technologies (“Technologies”) to automatically collect personal information through your use of the Services.
Cookies. Cookies are small text files stored in device browsers.
Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in the Services that collects personal information about use of or engagement with the Services. The use of a pixel tag allows us to record, for example, that a user has visited, a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.
See “Your Privacy Choices and Rights” below to understand your choices regarding these Technologies.
Personal Information Collected from Third Parties
We may collect personal information about you from third parties. For example, if you access the Services using a Third-Party Service (defined below), we may collect personal information about you from that Third-Party Service that you have made available via your privacy settings. In addition, users of the Services may upload or otherwise provide personal information about others.
HOW WE USE PERSONAL INFORMATION
We use personal information for a variety of business purposes, including to provide the Services, for administrative purposes, and to provide you with marketing materials, as described below.
Provide the Services
We use personal information to fulfill our contract with you and provide the Services, such as:
Managing your information;
Providing access to certain areas, functionalities, and features of the Services;
Answering requests for support;
Communicating with you;
Sharing personal information with third parties as needed to provide the Services;
Processing your financial information and other payment methods for products and Services purchased;
Processing applications if you apply for a job we post on our Services; and
Allowing you to register for events.
Administrative Purposes
We use personal information for various administrative purposes, such as:
Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;
Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
Carrying out analytics;
Measuring interest and engagement in the Services;
Improving, upgrading, or enhancing the Services;
Developing new products and services;
Creating de-identified and/or aggregated information. If we create or receive de-identified information, we will not attempt to reidentify such information, unless permitted by, or required to comply with, applicable laws;
Ensuring internal quality control and safety;
Authenticating and verifying individual identities, including requests to exercise your rights under this Privacy Notice;
Debugging to identify and repair errors with the Services;
Auditing relating to interactions, transactions, and other compliance activities;
Enforcing our agreements and policies; and
Carrying out activities that are required to comply with our legal obligations.
Marketing
We may use personal information to tailor and provide you with marketing and other content. We may provide you with these materials as permitted by applicable law.
California Shine the Light: If you are a California resident, you may annually submit a request to us to find out whether we have shared your personal information with third parties for the third parties’ direct marketing purposes. If you would like to submit such a request, please “Contact Us.”
If you have any questions about our marketing practices, you may contact us at any time as set forth in “Contact Us” below.
With Your Consent or Direction
We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information, with your consent, or as otherwise directed by you.
HOW WE DISCLOSE PERSONAL INFORMATION
We disclose personal information to third parties for a variety of business purposes, including to provide the Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.
Disclosures to Provide the Services
We may disclose any of the personal information we collect to the categories of third parties described below.
Service Providers. We may disclose personal information to third-party service providers that assist us with the provision of the Services. This may include, but is not limited to, service providers that provide us with hosting, customer service, analytics, marketing services, IT support, and related services. In addition, personal information and chat communications may be disclosed to service providers that help provide our chat features.
Some of the service providers we may use include:
Google Analytics. For more information about how Google uses your personal information, please visit Google Analytics’ Privacy Policy. To learn more about how to opt-out of Google Analytics’ use of your personal information, please click here.
Other Users You Share or Interact With. The Services may allow PinkCare AI users to share personal information or interact with other users of the Services.
Third-Party Services You Share or Interact With. The Services may link to or allow you to interface, interact, share information with, direct us to share information with, access and/or use third-party websites, applications, services, products, and technology (each a “Third-Party Service”).
Any personal information shared with a Third-Party Service will be subject to the Third-Party Service’s privacy policy. We are not responsible for the processing of personal information by Third-Party Services.
Business Partners. We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information with business partners with whom we jointly offer products or services.
Once your personal information is shared with our business partner, it will also be subject to our business partner’s privacy policy. We are not responsible for the processing of personal information by our business partners.
Affiliates. We may share your personal information with our corporate affiliates.
Advertising Partners. We may share your personal information with third-party advertising partners. These third-party advertising partners may set Technologies and other tracking tools on our Services to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for purposes of delivering personalized advertisements to you when you visit digital properties within their networks. This practice is commonly referred to as “interest-based advertising”, “personalized advertising”, or “targeted advertising.”
Some of the advertising Technologies we may use include:
Meta Connect. For more information about Meta’s use of your personal information, please visit Meta’s Data Policy. To learn more about how to opt-out of Meta’s use of your information, please click here while logged in to your Meta account.
Google. For more information about Google’s use of your personal information, please visit Google’s Data Policy. To learn more about how to opt-out of Google’s use of your information, please click here.
Instagram. For more information about Instagram’s use of your personal information, please visit Instagram’s Data Policy. To learn more about how to opt-out of Instagram’s use of your information, please click here while logged in to your Instagram account
TikTok. For more information about TikTok’s use of your personal information, please visit TikTok’s Data Policy. To learn more about how to opt-out of TikTok’s use of your information, please click here.
Disclosures to Protect Us or Others
We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.
Disclosure in the Event of Merger, Sale, or Other Asset Transfers
If we are involved in a merger, acquisition, financing, reorganization, bankruptcy, receivership, purchase or sale of assets, transition of service to another provider, or other similar corporate transaction, your personal information may be disclosed, sold, or transferred as part of such a transaction.
YOUR PRIVACY CHOICES AND RIGHTS
Your Privacy Choices. The privacy choices you may have about your personal information are described below.
Email Communications. If you receive an unwanted email from us, you can use the unsubscribe functionality found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails. We may also send you certain non-promotional communications regarding us and the Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to this Privacy Notice).
Text Messages. If you receive an unwanted text message from us, you may opt out of receiving future text messages from us by following the instructions in the text message you have received from us or by otherwise contacting us as set forth in “Contact Us” below.
Mobile Devices. We may send you push notifications through our mobile application. You may opt out from receiving these push notifications by changing the settings on your mobile device. With your consent, we may also collect precise location-based information via our mobile application. You may opt out of this collection by changing the settings on your mobile device. To request deletion of your account, please use the standard deletion functionality available via the Services, or contact us using the information set forth in “Contact Us” below.
Do Not Track signals and Global Privacy Control. Certain web browsers and other programs may transmit “do-not-track” “opt-out” signals, also called a Global Privacy Control (or “GPC”) signal (we refer to these as “GPC Signals”), to websites with which the browser communicates. In most cases you will need to change your web browser’s settings or add an application to your web browser to enable your browser to send a GPC Signal. Our websites will recognize GPC Signals for website users differently, based on the location of the user when they access our websites. For users that access our websites from U.S. states that have laws requiring recognition of GPC Signals, we will recognize and apply the GPC Signal to inactivate all the cookies for that website, except for cookies that are necessary for the website to operate. Additionally, if you are accessing our websites from one of these states, you can determine if your browser GPC Signal has been recognized by clicking on the “Do Not Sell or Share My Personal Information” link in the footer of the website and checking that appropriate cookies have been turned off. For users from states not currently requiring recognition of the GPC Signal, our website servers may recognize and apply the GPC Signal for only advertising and social media cookies but will not apply the GPC Signal to functional or performance cookies. You can always check and adjust your cookie settings by going to the “Do Not Sell or Share My Personal Information” link in the footer of this website.
Some web browsers incorporate other "do-not-track" (“DNT”) or similar features that signals to websites with which the browser communicates that a visitor does not want to have their online activity tracked. As of the Effective Date, not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, we along with many other digital service operators do not respond to all DNT signals. We recognize GPC signals as required under certain state privacy laws, but we do not currently recognize other DNT signals. For more information about the Global Privacy Control, please visit https://globalprivacycontrol.org.
Cookies and Tracking Technologies. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, the Services may not work properly.
Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of certain tracking on some mobile applications by following the instructions for Android, iOS, and others.
The online advertising industry also provides mechanisms that may allow you to opt out of receiving targeted ads from organizations that participate in self-regulatory programs. To learn more, visit the Network Advertising Initiative, the Digital Advertising Alliance, and the European Digital Advertising Alliance.
Please note you must separately opt out in each browser and on each device.
Your Privacy Rights. In accordance with applicable law, you may have the right to:
Confirm Whether We Are Processing Your Personal Information;
Request Access to or Portability of Your Personal Information;
Request Correction of Your Personal Information;
Request Deletion of Your Personal Information;
Request Restriction of or Object to our Processing of Your Personal Information;
Request to Opt-Out of Certain Processing Activities including, as applicable, if we engage in “profiling” in furtherance of certain “decisions that produce legal or similarly significant effects” concerning you (as such terms are defined by applicable privacy laws); and
Withdraw Your Consent to our Processing of Your Personal Information. Please note that your withdrawal will only take effect for future processing, and will not affect the lawfulness of processing before the withdrawal.
If you would like to exercise any of these rights, please contact us as set forth in “Contact Us” below. We will process such requests in accordance with applicable laws.
Only you, or someone legally authorized to act on your behalf in certain jurisdictions, may make a request to exercise the rights listed above regarding your personal information. If your personal information is subject to a law that allows an authorized agent to act on your behalf in exercising your privacy rights and you wish to designate an authorized agent, please provide written authorization signed by you and your designated agent using the information found in “Contact Us” below and ask us for additional instructions.
To protect your privacy, we will take steps to verify your identity before fulfilling requests submitted under applicable privacy laws. These steps may involve asking you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. Examples of our verification process may include asking you to confirm the email address we have associated with you.
Some laws may allow you to appeal our decision if we decline to process your request. If applicable laws grant you an appeal right, and you would like to appeal our decision with respect to your request, you may do so by informing us of this and providing us with information supporting your appeal.
INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION
All personal information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live.
CHILDREN’S PERSONAL INFORMATION
The Services are not directed to children under 16 (or other age as required by local law outside the United States), and we do not knowingly collect personal information from children. If you are a parent or guardian and believe your child has uploaded personal information to the Services in violation of applicable law, you may contact us as described in “Contact Us” below.
THIRD-PARTY WEBSITES/APPLICATIONS
The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen, or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk.
CONTACT US
PinkCare AI is the controller of the personal information we process under this Privacy Notice.
If you have any questions about our privacy practices or this Privacy Notice, or to exercise your rights as detailed in this Privacy Notice, please contact us at: contact@pinkcare.ai or via our online webform.
ANNEX A – SUPPLEMENTAL CONSUMER HEALTH DATA PRIVACY STATEMENT
This Supplemental Consumer Health Data Privacy Statement (“Consumer Health Data Privacy Statement”) supplements PinkCare AI’s Privacy Notice.
This Consumer Health Data Privacy Statement only applies to personal information that we process that is “consumer health data” subject to the Washington My Health My Data Act (“MHMDA”) or Nevada Senate Bill 370 (“NV SB 370”) (as applicable).
Terms used in this Consumer Health Data Privacy Statement that are defined in MHMDA or NV SB 370 will have the meaning set forth in those laws to the extent such laws are applicable.
CONSUMER HEALTH DATA WE COLLECT
Under the MHMDA, “consumer health data” is defined as “personal information that is linked or reasonably linkable to a consumer and that identifies the consumer's past, present, or future physical or mental health status.”
Under NV SB 370, “consumer health data” is defined as “personally identifiable information that is linked or reasonably capable of being linked to a consumer and that a regulated entity uses to identify the past, present or future health status of the consumer.”
Because consumer health data is defined very broadly, many of the categories of personal information that we collect under our Privacy Notice may also be considered consumer health data.
Examples of consumer health data that you may provide to us, or that we may otherwise collect, may include:
Information that could identify your attempt to seek health care services or information, including services that allow you to assess, measure, improve, or learn about your or another person’s health. For example, we collect your search queries on the Services, which may include queries or other information concerning nutrition, wellness, fitness, medical conditions, or other health-related topics.
Information about your health-related conditions, symptoms, status, diagnoses, disease, testing, or treatments.
Information about social, psychological, behavioral, and medical interventions.
Information about use or purchase of prescribed medication.
Information about measurements of bodily functions, vital signs, symptoms, or characteristics.
Information about diagnoses or diagnostic testing, treatment, or medication.
Information about surgeries or other health-related procedures.
Reproductive or sexual health information.
Information about gender-affirming care.
Biometric information.
Genetic data.
Information about your access to healthcare, including precise location information that could reasonably indicate an attempt to acquire or receive health services or supplies; or
Information processed to associate or identify an individual with the data listed above that is derived or extrapolated from non-health information.
Information related to the precise (geo)location information of a consumer used to indicate an attempt by a consumer to receive health care services or products.
Other information that may be used to infer or derive data related to the above or other consumer health data.
SOURCES OF CONSUMER HEALTH DATA
We collect consumer health data that you provide to us, consumer health data we collect automatically when you use the Services, and consumer health data from third-party sources, as described in our Privacy Notice and below.
WHY WE COLLECT AND USE CONSUMER HEALTH DATA
We collect and use consumer health data for the purposes and in the manner described in the “How We Use Personal Information” section of our Privacy Notice.
Primarily, we collect and use consumer health data as reasonably necessary to provide you with the products or Services you have requested or authorized. This may include delivering and operating the products or Services and their features, personalization of certain product or Services features, ensuring the secure and reliable operation of the products or Services and the systems that support them, troubleshooting and improving the products and Services, and other essential business operations that support the provision of the products and Services (such as analyzing our performance and meeting our legal obligations).
We may also use consumer health data for other purposes for which we give you choices and/or obtain your consent as required by law.
SHARING OF CONSUMER HEALTH DATA
We may share each of the categories of consumer health data described above for the purposes described above and in the “How We Use Personal Information” section of our Privacy Notice.
In particular, we may share consumer health data, with your consent or as reasonably necessary to complete any transaction or provide any product or Service you have requested or authorized, as described above.
We only share or disclose your Consumer Health Data as needed to provide you with the products or services that you request, or with your explicit consent. We may share or disclose any or all the above categories of Consumer Health Data to the following entities, who shall use the data only as permitted for the purposes set forth above, and within the bounds of our contracts with them:
These general categories of third parties:
Business Collaborators
Product co-promotion partners
Product co-development partners
Marketing and Advertising Agencies
Service Providers (including those hosting or analyzing data on our behalf, those assisting with fraud prevention, those assisting in program administration, those assisting in incident management and reporting, those administering our call center and websites, and those who assist with our information technology and security programs)
Emergency Personnel
Authorized/legal representatives, family members, and caregivers
Third parties (including those with whom PinkCare AI has joint marketing and similar arrangements, those who provide marketing and data analytics services, those who provide program enrollment or product fulfillment, payment, and authorization, other third parties as necessary to complete transactions and provide products/services, or where required by law)
PinkCare AI lawyers, auditors, and consultants
Legal and regulatory bodies.
In addition, we may share or disclose Consumer Health Data as permitted or required by law, such as (i) to an acquiring organization if we are involved in a sale or a transfer of our business, (ii) as needed to prevent, detect, protect against, or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive activities, (iii) in situations that may involve violations of our terms of use or other rules, (iv) to protect our rights and the rights and safety of others, (v) as needed to support external auditing, compliance and corporate governance functions, (vi) as needed to preserve the integrity or security of our systems, or (vii) to investigate, report, or prosecute those responsible for any action that is illegal under applicable state or Federal law.
HOW TO EXERCISE YOUR RIGHTS
MHMDA and NV SB 370 provide consumers with certain rights with respect to consumer health data.
Under MHMDA, consumers have the right to: (i) confirm whether PinkCare AI is collecting, sharing, or selling consumer health data and to access such data; (ii) withdraw consent from PinkCare AI’s collection and sharing of consumer health data; and (iii) request that PinkCare AI delete consumer health data.
Under NV SB 370, consumers have the right to: (i) confirm whether PinkCare AI is collecting, sharing or selling consumer health data; (ii) have PinkCare AI provide the consumer with a list of all third parties with whom PinkCare AI has shared consumer health data relating to the consumer or to whom PinkCare AI has sold such consumer health data; (iii) request that PinkCare AI cease collecting, sharing, or selling consumer health data relating to the consumer; and (iv) request that PinkCare AI delete consumer health data.
The rights afforded to consumers under MHMDA and NV SB 370 are subject to certain exceptions.
Subject to certain legal limitations and exceptions, you have the following rights with respect to any Consumer Health Data we may collect about you:
The right to confirm whether we are collecting, sharing, or selling your Consumer Health Data and to access such data, including to receive a list of affiliates or specific third parties with whom we have shared or sold your information, along with contact information such as an active email address for each third party;
The right to review and request corrections to your Consumer Health Data;
The right to withdraw consent from our collection or sharing of your Consumer Health Data; and
The right to request that we delete your Consumer Health Data.
You may submit a request pursuant to any of these rights by contacting us at contact@pinkcare.ai. PinkCare AI will not discriminate against you for exercising any of your rights. We will make reasonable efforts to respond promptly to your requests in accordance with applicable laws. Please allow 45 days for a response. We may, after receiving your request, require additional information from you to authenticate your request and verify your identity. Please be aware that we may be unable to afford these rights to you under certain circumstances, such as if we are legally prevented from doing so.
If we deny your request, you have the right to appeal that denial by completing and submitting this online webform or by contacting us contact@pinkcare.ai. We will process and respond to your appeal within the time permitted by applicable law. If you are a Washington resident and your appeal is unsuccessful, you may file a complaint with the Washington State Attorney General at www.atg.wa.gov/file-complaint.
If your request to exercise a right under MHMDA or NV SB 370 is denied, you may appeal that decision by contacting us at: contact@pinkcare.ai.
If your appeal is unsuccessful and your consumer health data is subject to MHMDA, you can raise a concern or lodge a complaint with the Washington State Attorney General at www.atg.wa.gov/file-complaint.
DISCLOSURE REGARDING THIRD PARTY COLLECTION OF CONSUMER HEALTH DATA UNDER NV SB 370
This section only applies to our processing of consumer health data that is subject to NV SB 370.
We do not allow third parties to collect consumer health data over time and across different Internet websites or online services when the consumer uses any Internet website or online service of PinkCare AI.
Nonetheless, please note that third parties may still be able to collect consumer health data from you over time and across different websites depending on your browser, browser add-ons, and associated permissions you set on your device.
This collection of consumer health data by those third parties is unrelated to PinkCare AI’ collection of consumer health data from you, and we encourage you to view those third parties’ privacy statements for more information about their processing of consumer health data and the methods they provide to allow you to opt out of such processing.
Nevada Supplemental Consumer Health Data Privacy Notice
This Supplement applies to Nevada consumers for purposes of providing additional disclosures required by Nevada's Consumer Health Data Privacy Law. We collect, use, process, and share Consumer Health Data for the purposes and manners described above in our Consumer Health Data Privacy Notice.
Third Party Collection of Consumer Health Data on PinkCare AI Websites. We limit third party collection of Consumer Health Data over time and across different Internet websites or online services when Nevada consumers use our websites or online services. We do this by disabling certain cookies or by ensuring that entities whose cookies, web beacons, pixels, and other online trackers we use on our websites and online services are our service providers or processors under applicable U.S. state privacy or consumer health data privacy laws. Nonetheless, please note that other third parties may still be able to process Consumer Health Data from you over time and across different websites depending on your browser, browser settings and add-ons, and associated permissions you have set on your device. This collection of Consumer Health Data by those third parties is unrelated to PinkCare AI processing of Consumer Health Data from you, and we encourage you to review your browser settings and review those third parties’ privacy notices for more information about their Consumer Health Data practices.
Review and Revision of Consumer Health Data. If you would like to review and/or revise your Consumer Health Data, you may submit a request to us via any of the methods listed in this Notice.
UPDATES TO THIS CONSUMER HEALTH DATA PRIVACY STATEMENT
We may update this Consumer Health Data Privacy Statement from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Consumer Health Data Privacy Statement on our website, and/or we may also send other communications.