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Legal

Privacy Policy

Effective Date:  July 12, 2024

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This Privacy Policy describes how YOMI LLC (“YOMI,” “we”, or “us”) collects, uses and discloses information about you that you voluntarily provide through the YOMI websites, including our general information website at yomihealth.com, and other related online and offline interactions and communications (collectively, the “Service”).  

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This Privacy Policy does not apply to information collected through our health information sharing and performance web application (the “Platform”). Certain parts of the Platform are available only to individuals who create an account on the Platform (“Users”). We may provide the Platform to certain health care providers that may be considered “covered entities” subject to the Health Insurance Portability and Accountability Act (“HIPAA”). We process protected health information (“PHI”) on behalf of covered entities according to a written agreement with the covered entity that limits how we may use, maintain, and disclose your PHI. For more information about how we may process your PHI, please refer to your health care providers’ notice of privacy practices.

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If you have any questions about which policy applies to information you provide, please contact us at the contact information provided in the “Contact Us” section below.

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If you do not want us to collect, use or disclose information about you as described in this Privacy Policy, then you should not use the Service. By using the Service, you are accepting the practices set out in this Privacy Policy.

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INFORMATION WE COLLECT AND HOW WE USE THAT INFORMATION

We may collect different types of information about you based on your use of our Service and our business relationship with you.

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We collect the following personal information, and may have collected such information in the past 12 months:

Category

Examples of Information Collected

Source

Identifiers

Name, email address, physical address, phone number

Collected directly from you when you sign up to learn more about the Service or Platform

Protected information per Cal. Civ. Code § 1798.80(e)

Name, address, phone number

Collected directly from you when you sign up to learn more about the Service or Platform

Employment or Professional Information

Business contact information, employer or business name, and industry affiliations and credentials

Collected directly from you when you sign up to learn more about the Service or Platform

Internet or other electronic network activity information

Information regarding individuals’ interaction with the Service, including IP address, device ID, operating system, the pages and content you view and interact with on the Service, and the webpage you view before and after visiting our Service.

Collected automatically when you use our Service

We retain personal information as reasonably necessary to accomplish the purposes for which it was collected and to comply with our accounting, reporting, or other legal obligations. The criteria used to determine our retention periods include:

  • The length of time we have an ongoing relationship with you and provide the Service to you;
  • Whether there is a legal obligation to which we are subject (for example, we are required to keep records of your transactions for a certain period of time); or
  • Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations).  

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We may use the information we collect in for the following purposes:

  • Provide you with a better customer experience when you use our Service;
  • Communicate with you regarding service updates, offers, and promotions;
  • Deliver customized content and advertising that may be of interest to you;
  • Maintain the security of our Services and systems;
  • Protect our rights, property, and safety or the rights, property, and safety of others;
  • Improve our Service or develop new products or services;
  • Provide notifications on the latest site features; and
  • Comply with our legal obligations.

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SOURCES OF COLLECTION

We collect personal information directly from you in the below contexts. We also collect personal information from you using sources like marketing companies, data analytics providers, and other service providers or third parties.

  • If you register an account with us or otherwise access the Service
  • In connection with your interactions, inquiries, or other requests
  • If you upload or share a photo or other digital content through one of our Service, or share content linking to any of our social media platforms
  • If you participate in a contest, promotion, or survey
  • If you contact us via e-mail or through our customer service, including through the use of online chat tools that we may make available
  • We and our third-party vendors may use tracking tools like browser cookies, flash cookies, pixels, and web beacons to collect information from you. Please see “Online Activity Tracking” for more information.

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ONLINE ACTIVITY TRACKING
We collect information about your activity on the Service for a number of purposes, using technologies such as cookies, flash cookies, web beacons, widgets and server log files. Since cookies are now used as industry standard, most web browsers automatically accept cookies, but you can change the settings in your browser to decline them. If you prefer not to enable cookies, you may choose to disable them; however, please note that certain features of our products and services will not be available to you once cookies are disabled.  Some web browsers have a “Do Not Track” feature. This feature allows you to tell websites you visit that you do not want to have your online activity tracked over time and across websites. The Service does not recognize “Do Not Track” signals. However, the Service may recognize certain opt-out preference signals, such as the Global Privacy Control, in which case, we will process these signals in accordance with applicable law, which may include requests to opt out of targeted advertising and/or requests to not “sell” your personal information. You may set such a signal through your browser or browser extension.


We may use your IP address and information about the site pages you visit to gather broad demographic information, as well as information about your interests and behaviors, to gain a better understanding of our customers and Users. For example, information may be used to analyze and improve our site design and functionality. We may also use these technologies to support personalized online advertising, also known as targeted advertising. Please note that some jurisdictions may consider this a “sale” of personal information.



HOW WE DISCLOSE INFORMATION
We may disclose your information with the following third parties:

  • Our subsidiaries and affiliates.
  • Contractors, service providers, and other third parties we use to support our business and provide you with our products and services (such as advisors, lawyers, web analytics providers, and data management vendors)
  • Buyers or other successors in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us is among the assets transferred.
  • Government entities or other parties to comply with court order, law, or legal process, including responding to a government, court, or regulatory request.
  • Government entities, third-party cybersecurity experts, or other parties as necessary and appropriate to ensure the security and integrity of our networks, or otherwise protect the rights, property, or safety of YOMI, our customers, or others.
  • Third-party entities to enforce or apply our terms of use and other agreements, or otherwise protect or assert our legal rights, including for billing and collection purposes.

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ANONYMOUS & AGGREGATE INFORMATION
We collect some information on an anonymous basis. We also may anonymize or de-identify the information we collect about you so that it can no longer be linked to you, and we may combine or aggregate this data, or engage service providers to do so on our behalf. We may use and share this data with third parties to perform data analytics and research, including to improve our products or services or develop new products or services.

CHILDREN
Our products and services are not designed to attract children under the age of 18. We do not knowingly collect personally identifying information from anyone under the age of 18. Any information about a child under the age of 18 must be provided by that child’s parent or legal guardian. If you are the parent or legal guardian of a child under the age of 18 and become aware that the child has provided personal information through the Service without your consent, please notify us promptly. If we become aware that a child under age 18 has provided us with personal information without parental/guardian consent, we will take steps to remove it.

YOUR PRIVACY CHOICES
Residents of certain states, including California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Montana, Nebraska, Nevada, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, and Virginia may have or will have the right to: (1) know what personal information we collect, use, disclose, and sell; (2) request that we delete your personal information; (3) access and obtain a copy of your personal information that we collect; (4) request correction of inaccurate personal information; (5) opt out of targeted advertising (sometimes referred to as “sharing” in certain jurisdictions); (6) limit the use and disclosure of certain sensitive information; (7) revoke consent for processing of certain sensitive information where we have relied on such consent; (8) request that we not “sell” your personal information; (9) appeal our response to your request to exercise any of these rights, (10) submit a complaint to the competent supervisory authority in your place of residency (such as if we deny your request to appeal). We will honor your request to exercise any of these rights to the extent required by applicable law and will make a good faith effort to honor your request in all other cases.  If you disagree with our response to your request, you may appeal the request by submitting supporting documentation to info@yomihealth.com  

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With respect to deletion requests, we cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

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We may not discriminate against you for exercising any of your rights. This means that we may not deny you services or charge you different prices or rates for services or provide you with a different level or quality of services (or suggest that we will do so), in response to these requests. However, we may charge different prices or rates, or provide a different level or quality of services, where that difference is reasonably related to the value provided to us by your personal information.

You may request to exercise the foregoing rights by:

  • Emailing us at info@yomihealth.com

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Please note that we may take steps to verify your identity before granting you access to information or acting on your request to exercise your rights, as required or permitted by law. We may limit our response to your exercise of the above rights as permitted by law.

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ADDITIONAL DISCLOSURES FOR CALIFORNIA RESIDENTS

If you reside in California, please read this section for additional disclosures about how we collect, use, and disclose information about you under the California Consumer Privacy Act (or “CCPA”) (California Civil Code Section1798.100 et seq.).

  • Categories of Personal Information Collected: In the previous 12 months, we have collected the categories of personal information listed in the table in the section “Information We Collect and How We Use It” above. Additionally, we collect the following “sensitive” personal information: contents of messages that you send to our customer service providers. 
  • Sensitive Personal Information Uses or Disclosures: We do not use or disclose “sensitive” personal information for purposes other than those specified by the CCPA.
  • Business or Commercial Purpose for Collecting and Selling Information: We collect personal information for the business and commercial purposes described in “Information We Collect and How We Use It” above.
  • Categories of Sources of Personal Information: We collect personal information from and about you as described in “Sources of Collection” above.
  • Categories of Third Parties with Whom We Disclose Information: We may disclose your personal information with third parties as described in “How We Disclose     Information” above.
  • Categories of Personal Information Disclosed: In the preceding 12 months, we have disclosed the categories of personal information listed in “Information We Collect and How We Use It” for the reasons described in that same section.
  • Sale or Share of Personal Information: Because we engage in the practice of cross context behavioral advertising, also known as online targeted advertising, we may “sell” and/or “share” your personal information as those terms are defined by the CCPA. In the preceding 12 months, we may have “sold” or “shared” identifiers, commercial information, employment or professional information, and internet or electronic network activity information with data analytics, advertising networks, and/or social media networks.

THIRD PARTIES AND LINKS
In the event that you provide your information to any third party via any YOMI website or any offer made available to you by YOMI, you understand that YOMI is not responsible for such third parties’ use or misuse of your information. You should review the privacy and information sharing practices of such third parties. Additionally, YOMI may offer links to or from the Service to other sites, so that you can conveniently visit our vendors and advertisers or locate other content likely to be of interest. We are not responsible for the content, practices or policies of sites operated by third parties and urge you to inquire about them before providing any personally identifiable information.

CHANGES TO OUR PRIVACY POLICY
We may make changes to our Privacy Policy from time to time. When we do so, we will post the revised Privacy Policy on our Service and change the “Effective Date”. Please check the Effective Date at the top of this page to determine if the policy has been modified since you last reviewed it. Your continued use of the Service after that date means you agree to this Privacy Policy and any changes to it.

CONTACT US
You may contact us at the following addresses:

·      Email: info@yomihealth.com

·      Address: 4580 Silver Springs Drive Suite 150 Park City, UT 84098

 

Terms & Conditions of Use

Last revised: July 12, 2024

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Your use of our general information website at yomihealth.com, and other related online and offline interactions and communications (collectively, the “Service”) is subject to the following terms and conditions of use (“Terms and Conditions”). YOMI LLC (“YOMI”, “we” or “us”) may revise these Terms and Conditions from time to time and will provide notice to you through the Service that changes have been made. You agree to review these Terms and Conditions every time you are provided with notice that changes have been made.  All changes to these Terms and Conditions shall be binding on you upon the effective date of each change.

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These Terms and Conditions do not apply to your use or access to Your Organized Medical Information, our health information sharing and performance platform, and associated services and functions (collectively, the “Platform”).

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NOT MEDICAL ADVICE; U.S. USE ONLY

The Service does not offer medical advice, and no medical advice is provided on the Service. Any content accessed through the Service is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. YOMI does not recommend or endorse any specific tests, products or procedures that may be mentioned through the Service. YOMI does not assume any liability for the contents of any material provided through the Service. Reliance on any information provided by YOMI is at your own risk. YOMI assumes no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea or instruction referenced on the Service or through any third-party vendor. YOMI reserves the right to change or discontinue at any time any aspect or feature of the Service.

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You may use the Service only in the United States. YOMI may terminate your access, user account, or registration with the Service upon discovery of use of the Service outside of the United States.

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YOUR ACCOUNT AND USE OF THE YOMI APP

You are responsible for the security of your passwords and for any use of your account. You must immediately notify YOMI of any unauthorized use of your password or account by sending an e–mail to the following address: info@yomihealth.com

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Your use of the Service and any content accessed through the Service must comply these Terms and Conditions and with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.

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You must be at least 18 years old to use the Service. The Service is not intended for use by minors and should not be used by minors.

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You may not access the Service other than by the interfaces provided by YOMI or interfere with or disrupt the proper operation of the Service.


INTELLECTUAL PROPERTY

You acknowledge, understand and agree that YOMI has sole and exclusive ownership of all right, title and interest in and to any and all materials on the Service, including all designs and information, marketing images (including but not limited to trademarks and other logos), designs, plans and tools, and all other service, marketing and business–related information and data (collectively, the “Materials”). You further acknowledge, represent and warrant that you have not acquired, and shall not acquire, whether by operation of law, these Terms and Conditions, or otherwise, any right, title, interest, or other ownership in or to the Materials.

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You acknowledge, understand and agree that YOMI has the sole and exclusive ownership of all right, title and interest in and to YOMI’s trademarks, and all registrations and applications therefore. You further acknowledge, represent and warrant that you have not acquired, and shall not acquire, whether by operation of law, exercise of rights under these Terms and Conditions, or otherwise, any right, title, interest, or other ownership in or to any trademarks which are protected by federal and state law in the United States and throughout the world.


DISCLAIMER OF WARRANTIES AND CONSEQUENTIAL DAMAGES

YOMI does not warrant that the Service will be error–free or that YOMI or the server that makes it available are free of viruses or other harmful components.

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You acknowledge that in connection with the Service, information will be transmitted over local exchange, inter–exchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long-distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of YOMI and its suppliers. Accordingly, YOMI assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the YOMI site.

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WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON–INFRINGEMENT. YOMI AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICE MATERIAL, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE SERVICE.  

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Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.


LIMITATION OF LIABILITY

IN NO EVENT SHALL YOMI, ITS AFFILIATES, OR THEIR AGENTS, DIRECTORS, OR OFFICERS BE LIABLE FOR ANY COSTS, DAMAGES OR EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE, OR THE CONTENT OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOMI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOMI SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00 (ONE HUNDRED DOLLARS). BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

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INDEMNIFICATION

You agree to indemnify and hold harmless YOMI, its officers, directors, employees and agents, licensors and suppliers from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Service. YOMI will provide notice to you promptly of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.


TERMINATION

YOMI, in its sole discretion, may terminate your use of the Service if YOMI reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, or violated the rights of YOMI or any third party, or for any other reason with or without notice to me. YOMI will not be liable to you or any third party as a result of such modification or discontinuation.

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YOMI and its licensors own all proprietary rights to the Service. YOMI gives you a personal, revocable, non–assignable, and non–exclusive license to use the Service.

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SURVIVAL

The provisions entitled “Indemnification” “Disclaimer of Warranties and Consequential Damages” and “Limitation of Liability” will survive termination of this agreement.

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JURISDICTION

The exclusive jurisdiction for any dispute with YOMI, or in any way relating to your use of the Service (“Legal Action”) resides in the state or federal courts within the State of Utah, and you agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Utah in connection with any such dispute, including any claim involving YOMI, or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunications providers and content providers. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in the federal courts in the State of Utah. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any cause of action you may have with respect to YOMI must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.

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COMPLETE AGREEMENT

These Terms and Conditions constitute the entire agreement between you and YOMI with respect to the use of the Service and any content or service contained therein.

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NOTICE

YOMI may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice of YOMI, or by written communication delivered by first class U.S. mail to your address on record in YOMI’s account information. You may give notice to YOMI at any time via electronic mail to YOMI or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:

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4580 Silver Springs Drive Suite 150, Park City, UT 84098
info@yomihealth.com

For App Users

Platform Privacy Policy

Effective Date: July 12, 2024

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This Platform Privacy Policy describes how YOMI LLC (“YOMI,” “we”, or “us”) collects, uses and discloses information about you that we collect through Your Organized Medical Information, our health information sharing and performance platform, and associated services and functions (collectively, the “Platform”).  

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This Platform Privacy Policy does not apply to information collected through our health information sharing and performance web application (the “Platform”). Certain parts of the Platform are available only to individuals who create an account on the Platform. We may provide the Platform directly to you or to an organization that is involved in your health performance or care, such as a doctor’s office or sports team (“Care Team”). Some Care Team organizations may be considered “covered entities” subject to the Health Insurance Portability and Accountability Act (“HIPAA”). We process protected health information (“PHI”) on behalf of covered entities according to a written agreement with the covered entity that limits how we may use, maintain, and disclose your PHI. For more information about how we may process your PHI, please refer to your health care providers’ notice of privacy practices.

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If you have any questions about which policy applies to information you provide, please contact us at the contact information provided in the “Contact Us” section below.

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If you do not want us to collect, use or disclose information about you as described in this Platform Privacy Policy, then you should not use the Platform. By using the Platform, you are accepting the practices set out in this Platform Privacy Policy.

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INFORMATION WE COLLECT AND HOW WE USE THAT INFORMATION

We collect the following personal information, and may have collected such information in the past 12 months:

Category

Examples of Information Collected

Source

Identifiers

Name, email address, physical address, phone number

Collected directly from you and/or from your Care Team

Protected information per Cal. Civ. Code § 1798.80(e)

Name, address, phone number, age, insurance policy number

Collected directly from you and/or from your Care Team

Employment or Professional Information

Business contact information, employer or business name

Collected directly from you and/or from your Care Team

Health Information and Demographics

Age, sex, gender, medical condition, medical symptoms, information from third-party fitness or similar wearable devices or applications.

Collected directly from you and/or from your Care Team. With your permission, we may collect this from third-party fitness or similar wearable devices or applications.

Internet or other electronic network activity information

Information regarding individuals’ interaction with the Platform, including IP address, device ID, operating system, the pages and content you view and interact with on the Platform, and the webpage you view before and after visiting our Platform.

Collected automatically when you use our Platform

We retain personal information as reasonably necessary to accomplish the purposes for which it was collected and to comply with our accounting, reporting, or other legal obligations. The criteria used to determine our retention periods include:
  • The length of time we have an ongoing relationship with you and provide the Platform to you;
  • Whether there is a legal obligation to which we are subject (for example, we are required to keep records of your transactions for a certain period of time); or
  • Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations).  

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We may use the information we collect in for the following purposes:

  • Provide you with a better customer experience when you use our Platform;
  • Communicate with you regarding service updates, offers, and promotions;
  • Deliver customized content and advertising that may be of interest to you;
  • To identify potential research opportunities and to facilitate and conduct research for potential publication in accordance with applicable law governing informed consent;
  • Maintain the security of our Platform and systems;
  • Protect our rights, property, and safety or the rights, property, and safety of others;
  • Improve our Platform or develop new products or services;
  • Provide notifications on the latest site features; and
  • Comply with our legal obligations.

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SOURCES OF COLLECTION

We collect personal information directly from you in the below contexts. We also collect personal information from you using sources like marketing companies, data analytics providers, and other service providers or third parties.

  • If you register an account with us or otherwise access the Platform
  • In connection with your interactions, inquiries, or other requests
  • If you upload or share a photo or other digital content through one of our Platform, or share content linking to any of our social media platforms
  • If you participate in a contest, promotion, or survey
  • If you contact us via e-mail or through our customer service, including through the use of online chat tools that we may make available
  • We and our third-party vendors may use tracking tools like browser cookies, flash cookies, pixels, and web beacons to collect information from you. Please see “Online Activity Tracking” for more information.

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ONLINE ACTIVITY TRACKING
We collect information about your activity on the Platform for a number of purposes, using technologies such as cookies, flash cookies, web beacons, widgets and server log files. Since cookies are now used as industry standard, most web browsers automatically accept cookies, but you can change the settings in your browser to decline them. If you prefer not to enable cookies, you may choose to disable them; however, please note that certain features of our products and services will not be available to you once cookies are disabled.  Some web browsers have a “Do Not Track” feature. This feature allows you to tell websites you visit that you do not want to have your online activity tracked over time and across websites. The Platform does not recognize “Do Not Track” signals.

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We may use your IP address and information about the site pages you visit to gather broad demographic information, as well as information about your interests and behaviors, to gain a better understanding of our customers and Users. For example, information may be used to analyze and improve our site design and functionality.


HOW WE DISCLOSE INFORMATION
We may disclose your information with the following third parties:

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  • Our subsidiaries and affiliates.
  • Contractors, service providers, and other third parties we use to support our business and provide you with our products and services (such as advisors, lawyers, web analytics providers, and data management vendors).
  • With your Care Team.
  • Buyers or other successors in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us is among the assets transferred.
  • Government entities or other parties to comply with court order, law, or legal process, including responding to a government, court, or regulatory request.
  • Government entities, third-party cybersecurity experts, or other parties as necessary and appropriate to ensure the security and integrity of our networks, or otherwise protect the rights, property, or safety of YOMI, our customers, or others.
  • Third-party entities to enforce or apply our terms of use and other agreements, or otherwise protect or assert our legal rights, including for billing and collection purposes.

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ANONYMOUS & AGGREGATE INFORMATION
We collect some information on an anonymous basis. We also may anonymize or de-identify the information we collect about you so that it can no longer be linked to you, and we may combine or aggregate this data, or engage service providers to do so on our behalf. We may use and share this data with third parties to perform data analytics and research, including to improve our products or services or develop new products or services.

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CHILDREN
Our products and services are not designed to attract children under the age of 18. We do not knowingly collect personally identifying information from anyone under the age of 18. Any information about a child under the age of 18 must be provided by that child’s parent or legal guardian. If you are the parent or legal guardian of a child under the age of 18 and become aware that the child has provided personal information through the Platform without your consent, please notify us promptly. If we become aware that a child under age 18 has provided us with personal information without parental/guardian consent, we will take steps to remove it.

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YOUR PRIVACY CHOICES

Residents of certain states, including California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Montana, Nebraska, Nevada, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, and Virginia may have or will have the right to: (1) know what personal information we collect, use, disclose, and sell; (2) request that we delete your personal information; (3) access and obtain a copy of your personal information that we collect; (4) request correction of inaccurate personal information; (5) opt out of targeted advertising (sometimes referred to as “sharing” in certain jurisdictions); (6) limit the use and disclosure of certain sensitive information; (7) revoke consent for processing of certain sensitive information where we have relied on such consent; (8) request that we not “sell” your personal information; (9) appeal our response to your request to exercise any of these rights, (10) submit a complaint to the competent supervisory authority in your place of residency (such as if we deny your request to appeal). We will honor your request to exercise any of these rights to the extent required by applicable law and will make a good faith effort to honor your request in all other cases.  If you disagree with our response to your request, you may appeal the request by submitting supporting documentation to info@yomihealth.com  

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With respect to deletion requests, we cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

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We may not discriminate against you for exercising any of your rights. This means that we may not deny you services or charge you different prices or rates for services or provide you with a different level or quality of services (or suggest that we will do so), in response to these requests. However, we may charge different prices or rates, or provide a different level or quality of services, where that difference is reasonably related to the value provided to us by your personal information.


You may request to exercise the foregoing rights by:

  • Emailing us at info@yomihealth.com

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Please note that we may take steps to verify your identity before granting you access to information or acting on your request to exercise your rights, as required or permitted by law. We may limit our response to your exercise of the above rights as permitted by law.

‍

ADDITIONAL DISCLOSURES FOR CALIFORNIA RESIDENTS

If you reside in California, please read this section for additional disclosures about how we collect, use, and disclose information about you under the California Consumer Privacy Act (or “CCPA”) (California Civil Code Section1798.100 et seq.).

  • Categories of Personal Information Collected: In the previous 12 months, we have collected the categories of personal information listed in the table in the section “Information We Collect and How We Use It” above. Additionally, we collect the following “sensitive” personal information: contents of messages that you send to our customer service providers. 
  • Sensitive Personal Information Uses or Disclosures: We do not use or disclose “sensitive” personal information for purposes other than those specified by the CCPA.
  • Business or Commercial Purpose for Collecting and Selling Information: We collect personal information for the business and commercial purposes described in “Information We Collect and How We Use It” above.
  • Categories of Sources of Personal Information: We collect personal information from and about you as described in “Sources of Collection” above.
  • Categories of Third Parties with Whom We Disclose Information: We may disclose your personal information with third parties as described in “How We Disclose   Information” above.
  • Categories of Personal Information Disclosed: In the preceding 12 months, we have disclosed the categories of personal information listed in “Information We Collect and How We Use It” for the reasons described in that same section.
  • Sale or Share of Personal Information: We do not“sell” and/or “share” your personal information on the Platform.

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THIRD PARTIES AND LINKS
In the event that you provide your information to any third party via any YOMI website or any offer made available to you by YOMI, you understand that YOMI is not responsible for such third parties’ use or misuse of your information. You should review the privacy and information sharing practices of such third parties. Additionally, YOMI may offer links to or from the Platform to other sites, so that you can conveniently visit our vendors and advertisers or locate other content likely to be of interest. We are not responsible for the content, practices or policies of sites operated by third parties and urge you to inquire about them before providing any personally identifiable information.

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CHANGES TO OUR PLATFORM PRIVACY POLICY
We may make changes to our Platform Privacy Policy from time to time. When we do so, we will post the revised Platform Privacy Policy on our Platform and change the “Effective Date”. Please check the Effective Date at the top of this page to determine if the policy has been modified since you last reviewed it. Your continued use of the Platform after that date means you agree to this Platform Privacy Policy and any changes to it.


CONTACT US
You may contact us at the following addresses:

·      Email: info@yomihealth.com

·      Address: 4580 Silver Springs Drive Suite 150 Park City, UT 84098

 

For App Users

Platform Terms and Conditions of Use

Last revised: July 12, 2024

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Your use of Your Organized Medical Information, our health information sharing and performance platform, and associated services and functions (collectively, the “Platform”) is subject to the following terms and conditions of use (“Platform T&Cs”). YOMI LLC (“YOMI”, “we” or “us”) may revise these Platform T&Cs from time to time and will provide notice to you through the Platform that changes have been made. You agree to review these Platform T&Cs every time you are provided with notice that changes have been made.  All changes to these Platform T&Cs shall be binding on you upon the effective date of each change.

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These Platform T&Cs do not apply to our general information website at yomihealth.com, and other related online and offline interactions and communications (collectively, the “Service”).

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NOT MEDICAL ADVICE; U.S. USE ONLY

The Platform allows you to share your health information with others, including with healthcare providers or organizations that are involved in your health performance or care, such as a doctor’s office or sports team.  

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The Platform does not offer medical advice, and no medical advice is provided on the Platform. Any content accessed through the Platform is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. YOMI does not recommend or endorse any specific tests, products or procedures that may be mentioned in the Platform. YOMI does not assume any liability for the contents of any material provided in the Platform. Reliance on any information provided by YOMI is at your own risk. YOMI assumes no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea or instruction referenced on the Platform or through any third-party vendor. YOMI reserves the right to change or discontinue at any time any aspect or feature of the Platform.

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You may use the Platform only in the United States. YOMI may terminate your access, user account, or registration with the Platform upon discovery of use of the Platform outside of the United States.

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YOUR ACCOUNT AND USE OF THE PLATFORM

You are responsible for the security of your passwords and for any use of your account. You must immediately notify YOMI of any unauthorized use of your password or account by sending an e–mail to the following address: info@yomihealth.com

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Your use of the Platform and any content accessed through the Platform must comply these Platform T&Cs and with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.

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You must be at least 18 years old to use the Platform. The Platform is not intended for use by minors and should not be used by minors.

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You may not access the Platform other than by the interfaces provided by YOMI or interfere with or disrupt the proper operation of the Platform.

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With your permission, the Platform may allow you to pair your third-party trackers, wearables, or other applications with the Platform (“Third-Party Devices”). You agree to use the Platform in compliance with all applicable terms, privacy policies, or documentation provided by Third-Party Devices.


INTELLECTUAL PROPERTY

You acknowledge, understand and agree that YOMI has sole and exclusive ownership of all right, title and interest in and to any and all materials on the Platform, including all designs and information, marketing images (including but not limited to trademarks and other logos), designs, plans and tools, and all other service, marketing and business–related information and data (collectively, the “Materials”). You further acknowledge, represent and warrant that you have not acquired, and shall not acquire, whether by operation of law, these Platform T&Cs, or otherwise, any right, title, interest, or other ownership in or to the Materials.

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You acknowledge, understand and agree that YOMI has the sole and exclusive ownership of all right, title and interest in and to YOMI’s trademarks, and all registrations and applications therefore. You further acknowledge, represent and warrant that you have not acquired, and shall not acquire, whether by operation of law, exercise of rights under these Platform T&Cs, or otherwise, any right, title, interest, or other ownership in or to any trademarks which are protected by federal and state law in the United States and throughout the world.


DISCLAIMER OF WARRANTIES AND CONSEQUENTIAL DAMAGES

YOMI does not warrant that the Platform will be error–free or that YOMI or the server that makes it available are free of viruses or other harmful components.

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You acknowledge that in connection with the Platform, information will be transmitted over local exchange, inter–exchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long-distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of YOMI and its suppliers. Accordingly, YOMI assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the YOMI site.

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WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE PLATFORM IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON–INFRINGEMENT. YOMI AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE PLATFORM MATERIAL, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE PLATFORM.  

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Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.


LIMITATION OF LIABILITY

IN NO EVENT SHALL YOMI, ITS AFFILIATES, OR THEIR AGENTS, DIRECTORS, OR OFFICERS BE LIABLE FOR ANY COSTS, DAMAGES OR EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE PLATFORM, OR THE CONTENT OF THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOMI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOMI SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00 (ONE HUNDRED DOLLARS). BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

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INDEMNIFICATION

You agree to indemnify and hold harmless YOMI, its officers, directors, employees and agents, licensors and suppliers from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Platform. YOMI will provide notice to you promptly of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.


TERMINATION

YOMI, in its sole discretion, may terminate your use of the Platform if YOMI reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Platform T&Cs, or violated the rights of YOMI or any third party, or for any other reason with or without notice to me. YOMI will not be liable to you or any third party as a result of such modification or discontinuation.

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YOMI and its licensors own all proprietary rights to the Platform. Subject to any applicable underlying agreements between you and YOMI, such as the Software License Agreement, YOMI gives you a personal, revocable, non–assignable, and non–exclusive license to use the Platform.

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SURVIVAL

The provisions entitled “Indemnification” “Disclaimer of Warranties and Consequential Damages” and “Limitation of Liability” will survive termination of this agreement.

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JURISDICTION

The exclusive jurisdiction for any dispute with YOMI, or in any way relating to your use of the Platform (“Legal Action”) resides in the state or federal courts within the State of Utah, and you agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Utah in connection with any such dispute, including any claim involving YOMI, or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunications providers and content providers. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in the federal courts in the State of Utah. If any provision of these Platform T&Cs is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Platform T&Cs, which shall remain in full force and effect. No waiver of these Platform T&Cs shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any cause of action you may have with respect to YOMI must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.

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COMPLETE AGREEMENT

These Platform T&Cs, together with any applicable underlying agreement, such as the Software License Agreement, constitute the entire agreement between you and YOMI with respect to the use of the Platform and any content or service contained therein.

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NOTICE

YOMI may deliver notice to you under these Platform T&Cs by means of electronic mail, a general notice of YOMI, or by written communication delivered by first class U.S. mail to your address on record in YOMI’s account information. You may give notice to YOMI at any time via electronic mail to YOMI or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:

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4580 Silver Springs Drive Suite 150, Park City, UT 84098
info@yomihealth.com

For App Users

Consumer Health Data Privacy Policy

Effective date:  July 12, 2024

Last updated: July 12, 2024

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This Consumer Health Data Privacy Policy (“Policy”) describes how YOMI LLC (“YOMI,” “we” or “us”) processes “Consumer Health Data,” as that term is defined under applicable state privacy law, about consumers who reside in the states of Nevada, Washington, and any other applicable U.S. jurisdiction in connection with Your Organized Medical Information, our health information sharing and performance platform, and associated services and functions (collectively, the “Platform”). Please carefully read this Policy as it contains important information concerning your Consumer Health Data and how we use it.

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This Policy relates only to Consumer Health Data. It does not describe how we process your personal information. For more information about our information practices with respect to personal information gathered in connection with the Platform, please refer to our Platform Privacy Policy.

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We may provide the Platform directly to you or to an organization that is involved in your health performance or care, such as a doctor’s office or sports team (“Care Team”). Some Care Team organizations may be considered “covered entities” subject to the Health Insurance Portability and Accountability Act (“HIPAA”). We process protected health information (“PHI”) on behalf of covered entities according to a written agreement with the covered entity that limits how we may use, maintain, and disclose your PHI. For more information about how we may process your PHI, please refer to your health care providers’ notice of privacy practices.

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We collect the following categories of Consumer Health Data:

  • Information that could identify your attempt to seek health care services, including our Platform;
  • Individual health conditions, treatment, diseases, or diagnoses;
  • Social, psychological, behavioral, and medical interventions;
  • Use or purchase of prescribed medications;
  • Biometric data;
  • Bodily functions, vital signs, symptoms, or measurements;
  • Diagnoses or diagnostic testing, treatment, or medication;
  • Any inferences based on the above categories or derived or extrapolated from non-health information that identify your past, present, or future physical or mental health status.

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We collect Consumer Health Data from the following categories of sources:

  • Directly from you when you share it with us and from your interactions with our Platform;
  • From your Care Team; and
  • From third-party service providers that support the Platform.

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We collect, processes, and disclose Consumer Health Data for the following business purposes:

  • To provide, operate, maintain, and protect our Platform;
  • To analyze and improve our Platform, including developing new products or services;
  • To provide and facilitate our Platform;
  • To identify potential research opportunities and to facilitate and conduct research for potential publication in accordance with applicable law governing informed consent;
  • To communicate with you, respond to your inquiries, and to send you information by email, postal mail, telephone, text message, notifications, or other means about our products and services;
  • To promote and conduct educational or promotional events, including those that may be in person and to support our marketing activities;
  • To enhance and help us better understand your browsing experience, needs, and preferences and provide consistent, personalized services and experiences across our Platform;
  • To protect the security or integrity of the Platform, including to perform security analyses to verify that the Platform is working properly;
  • To protect us, our users, and the public, and comply with applicable law, regulation, or legal process, including to validate user information for fraud and risk detection purposes, resolve disputes and protect the rights of users and third parties, respond to claims and legal process (such as subpoenas and court orders), fulfill our reporting obligations, monitor and enforce compliance with our contracts, and otherwise detect, prevent, or stop any activity that may be illegal, unethical, or legally actionable; and
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by us about our customers is among the assets transferred.

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We disclose some or all of the above categories of Consumer Health Data for the purposes described above with the following third parties and affiliates:

  • With your Care Team;
  • As legally required in relevant legal proceedings and otherwise to the extent required or explicitly authorized by applicable law;
  • To other companies we collaborate with for research and development activities related to clinical trials and/or products and services jointly offered or developed by us and that company; and
  • To third-party services providers.

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Your Privacy Rights‍
Depending on your place of residency, you may have some or all of the following rights regarding your Consumer Health Data, subject to applicable law and certain exceptions:

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  • Right to Confirm and Access: If you ask us, we will confirm whether we are collecting, sharing, or selling your Consumer Health Data. At your request, we will provide a list of all third parties and affiliates with whom we have shared or sold your Consumer Health Data. Please note that we do not “sell” your Consumer Health Data. You may request that we provide you with a copy of the Consumer Health Data that we maintain about you.
  • Right to Correct: If your Consumer Health Data that we maintain is inaccurate and you would like us to correct it, you may request that we make changes to it.
  • Right to Withdraw Consent: Where we have relied on your consent or authorization for certain processing of your Consumer Health Data, you may withdraw that consent or authorization at any time.
  • Right to Delete: You may request that we delete Consumer Health Data that we maintain about you.
  • Right to Appeal: If we deny your request to exercise any of the above rights, you may request to appeal this decision.
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To exercise any of the above rights, you or your authorized agent may do so by following instructions in “Contact Us” below. In order to process your request, we may ask you to verify your identity by confirming your name, e-mail address, phone number, or other identifiable information that we have in our records, such as most recent interaction with us, if applicable.

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Please note that we do not “sell” your Consumer Health Data or permit third parties to use technologies that track your Consumer Health Data over time and across different websites or online services when you use our Platform.

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Changes to this Policy
We may make changes to our Policy from time to time. When we do so, we will post the revised Policy on our Platform and change the “Effective Date”. Please check the Effective Date at the top of this page to determine if the policy has been modified since you last reviewed it. Your continued use of the Platform after that date means you agree to this Policy and any changes to it.


Contact Us
You may contact us at the following addresses:

• Email: info@yomihealth.com
• Address: 4580 Silver Springs Drive Suite 150 Park City, UT 84098

Why YOMI
For Care Teams
For Sports Teams
Legal