Last Revised: 11/24/2021

Website Terms of Use and Privacy Policy

These Terms of Use and Privacy Policy (“Terms”) tell users (“You” or a “User”) terms on which You are permitted to use Our website www.heydianahealth.com (“Site”). You should read these Terms carefully. By using the Site, You agree to comply with these Terms. If You do not agree with these Terms, You must not use the Site. By using the Site, You agree not to solely rely on the Site in any way for medical treatment and agree to waive any and all potential liability associated with the use of the Site.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911.

Information About the Site; Copyright

The Site is operated by Diana Health, Inc. and its affiliates and subsidiaries (“Diana Health” or “we” or “us”). The Site and information contained on the Site is protected by copyright and other intellectual property rights. You may not create modified versions of the content of the Site, or copy the Site, without Our prior written permission. You may not use information from the Site for commercial purposes without permission.

General

This Site provides educational materials related to Your health care journey and allows You to schedule appointments and communicate with Diana Health. Diana Health is the provider of access to the Site.

The purpose of this Site is to provide support to Diana Health patients throughout their care with Diana Health providers. We provide fully integrated health care for patients, including nutrition, mental health and wellness, and gynecological care, as well as classes and events. This Site may be used to communicate with Your Diana Health care team during regular business hours, schedule appointments.

Any protected health information You share with the App is protected by and subject to Our HIPAA Notice of Privacy Practices.

Not Medical Advice

The Site is not intended to provide medical advice. The information on this Site is for educational purposes only. The Site has been developed using care and in accordance with existing best practices for care coordination services to help You manage Your healthcare. Always seek the advice of Your physician or other qualified health provider with any questions You may have regarding a medical condition.

We do not recommend or endorse any specific tests, health care providers, products, procedures, opinions, or other information that may be mentioned on the Site or by any other electronic means. The information provided through this Site is designed to support, not replace, the relationship that exists between a patient and a patient’s health care provider. Reliance on any general education information provided by Diana Health through the Site is solely at Your own risk. Never disregard professional medical advice or delay in seeking it because of something You have read or seen on the Site. If You have any questions about Your medicines or treatment, Your care, or Your health conditions, consult Your doctor.

Privacy Policy

We collect, process, and use information about You as described in Our Privacy Policy, which is available here: Privacy Policy. This includes the use of cookies. By using the Site, You agree to the processing and the necessary cookies.

Communications

You understand that email communication can be intercepted by, or transmitted to, unintended third parties. You expressly agree to hold Diana Health harmless for any damages associated with any breach of Your email or erroneous transmission.

Disclaimer; No Warranty; No Liability

The content provided by and made available on the Site is for general information purposes only and is in no way intended to be a substitute for medical consultation with a qualified professional. We strongly encourage internet users to be careful when using medical information from the Site. If You are unsure about Your medical condition, consult a physician. Although We carefully review Our content, Diana Health cannot guarantee or take responsibility for the medical accuracy of the content We provide, nor can We accept any liability for the content of information that is available through the Site.

While We attempt to keep the Site updated, neither We nor any employee or contractor warrants the accuracy, reliability, or timeliness of any information published on the Site or any website that links to or is linked from Our Site. Neither Diana Health, any subsidiary or affiliate, nor any employee, owner, director, trustee, employee, or contractor shall be held liable for any losses caused by reliance on the accuracy, reliability or timeliness of such information. Any person or entity that relies on any information obtained using this Site does so at his or her own risk. While We exert reasonable efforts to maintain the privacy and security of all information that is accessible, or accessed, through the Site, all Users acknowledge that electronic information is susceptible to unauthorized access, and that such information may be used, disclosed, modified or corrupted without authorization or unintentionally.

All information contained on, or accessible through, this website is provided to You on an “as is” basis. Diana Health does not warrant that it is accurate, complete, current, or reliable. To the fullest extent permitted by law, Diana Health disclaims all warranties, either express or implied, statutory or otherwise. We disclaim all liability related to Your use of the Site, or Your inability to use the Site.

DIANA HEALTH HEREBY DISCLAIMS, ON BEHALF OF ITSELF AND ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, TRUSTEES, OWNERS AND CONTRACTORS (“DIANA HEALTH INDEMNITEES”), ANY WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE DIANA HEALTH INDEMNITEES WILL NOT BE LIABLE FOR ANY CLAIMS, CHARGES, DEMANDS, DAMAGES, LIABILITIES, LOSSES OR EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING FROM THE SITE OR THIS PRIVACY POLICY INCLUDING BUT NOT LIMITED TO COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWSOEVER ARISING INCLUDING THROUGH NEGLIGENCE, LOSS OF USE, LOSS OF DATA OR OTHER INFORMATION, LOSS OF INCOME OR PROFIT, LOSS OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE BREACH OF CONFIDENTIALITY OF DATA. TO THE EXTENT LIABILITY CANNOT BE EXCLUDED OR DISCLAIMED, OUR LIABILITY IS LIMITED TO PROVEN DIRECT DAMAGES NOT TO EXCEED FIVE US DOLLARS ($5 USD).

Each User shall be responsible for any loss, damage, claim, charge, demand, liability, loss or expense arising from or related to the use or failure to use the Site by such User, including costs related to introduction of viruses or other malware or a breach of privacy or security of the Site.

Your Promises

You promise that:

  • You are at least 18 years old, or if You are less than 18 years old, Your parent or guardian has provided consent for You to use the Site.
  • You are able to agree to contracts and be legally bound by them. If You are not able to agree to and be legally bound by contracts, a parent or guardian that is able to be bound by contracts is agreeing to these Terms on Your behalf. The person that is able to be bound is responsible for ensuring Your compliance with these Terms.
  • You live in the United States.
  • You will be responsible for Your use of the Site. If You have a guardian or are under 18 years old, Your parent or guardian is also responsible for Your use of the Site.
  • You understand and agree that Diana Health is not responsible to You, Your parents or Your guardian(s), and will not be liable to You, Your parents or Your guardians, for Your use or misuse of the Site, and You (or Your parents or guardians, as the case may be) will protect Diana Health, and will be responsible for any claims against Diana Health and its employees and agents, by anyone related to Your use, misuse, or failure to use the Site.
  • You understand and agree that any links on the Site to other websites or to products, services, or merchandise not controlled by Diana Health are offered by third parties, and that Diana Health does not control, endorse, or guarantee such information, products, services or merchandise. You are responsible for reviewing the terms and privacy policy for any websites and other applications and deciding whether to agree to them, and We encourage You to do so.
  • You agree that the Site, or any component of the Site will NOT be used:
    • In an illegal, inflammatory, defamatory, obscene, or hateful manner;
    • To promote violence, discrimination on the basis of race, religion, gender, nationality, disability, age, or similar characteristics; or to infringe or breach the rights of any third party;
    • To threaten, abuse, harass, embarrass, alarm, defraud, or annoy another person;
    • To transmit any computer code, including (without limitation) any virus, worm, Trojan, time-bomb, logger, spyware, ransomware, or other harmful program or code that is intended, designed, or anticipated to cause harm or disruption to computers or networks, or any unsolicited promotional or advertising materials or “spam”; or
    • In a manner otherwise contrary to the nature and purpose of the Site to support health and health behaviors.

Intellectual Property Rights, Content

You may be able to upload certain information or content onto the Site. By uploading information onto the Site, You certify that You have the right to upload the information. Information uploaded onto the Site is not confidential, and You grant to Us an unlimited, perpetual, royalty free, fully paid-up, worldwide license to use that information for any purpose, in any format or media. We have the right to disclose Your identity and location to any third party who claims that any material uploaded or posted by You infringes any intellectual property right, or breaches any confidentiality or privacy right, or to other third parties as otherwise permitted or required by law. We are not responsible or liable for the content or accuracy of any content posted by You or any other user of the Site. We have the right to remove any content or information posted on the Site at any time.

Any content or information posted on the Site by a user must:

  • Not be illegal, inflammatory, defamatory, obscene, or hateful
  • Not promote violence
  • Not be sexually explicit
  • Not promote discrimination based on race, religion, gender, nationality, disability, age, or similar characteristics
  • Not infringe or breach the rights of any third party
  • Not threaten, abuse, harass, embarrass, alarm, or seek to annoy another person
  • Not seek to incite another to engage in any of the prohibited behaviors
  • Not seek to sell goods or services of a third party
  • Not misrepresent the source of the information
  • Be truthful, fair and appropriate given the nature and purpose of the Site to educate and support the attainment of health and healthy behaviors

Digital Millennium Copyright Notice

Diana Health respects the rights of all copyright holders. If You believe Your copyright has been infringed, You may notify Diana Health in emailing us at: info@diana.health

To be effective, Your notice must include substantially the following, as provided for under the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(3):

  • Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material;
  • Information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Diana Health has adopted and reasonably implemented a policy that provides for the termination, in appropriate circumstances, of subscribers and account holders that are repeat infringers.

Permitted Uses of the Site

The Site may be used only for lawful purposes. The Site may not be used:

  • To violate the law
  • To harm or defraud anyone
  • To send or transmit materials that could not be uploaded as content
  • To transmit unsolicited promotional or advertising materials or spam
  • To transmit any computer code, including (without limitation) any virus, worm, Trojan, time-bomb, logger, spyware, ransomware, or other harmful program or code that is intended, designed, or anticipated to cause harm or disruption to computers or networks
  • To participate in a denial of service or other activity that is intended or likely to disrupt the efficient operation of the Site or any other website or computer network

Linking and Framing

You may place a link from the Site’s home page on another website, in a fair and legal manner, so long as the link does not adversely affect the reputation of Diana Health or the Site. The link may not suggest any endorsement or approval of the other website by Diana Health. You may not link to another page on the Site. You may not frame the Site on any other website.

Links to Other Websites

There may be links to other websites on the Site. The presence of a link to another website does not indicate any endorsement or approval of goods or services offered by the company or through the linked website. Each website has its own terms of use and privacy policy, which You should review before using the website. We are not responsible for the operation, terms or privacy policy of linked websites.

Enforcement of Terms

If any of the provisions of these Terms are held to be unenforceable, the remaining provisions will be unimpaired, and the unenforceable provision will be automatically replaced by an enforceable term or provision that comes as close as possible to the intention underlying the unenforceable term or provision. These Terms are subject to and do not alter any other agreements You have entered into with Diana Health. We have the right to determine whether there has been a violation of these Terms. If We determine the Terms have been violated, We have the right to determine the action that will be taken. The action to be taken may include (but not be limited to):

  • Immediate termination of Your right to use the Site. The termination may be temporary or permanent.
  • Immediate removal of any content posted by You to the Site.
  • Issuance of a warning or other communication to You.
  • Legal proceedings against You, including seeking of damages (including indemnity) recovering all costs and losses suffered as a result of Your violation of the Terms.
  • Other forms of legal proceedings against You.
  • Referral to law enforcement agencies for further action.

We will not be liable for any damages which You may suffer as a result of the foregoing actions.

Jurisdiction and Applicable Law

The law of the State of New York will apply to all proceedings related to the Site and these Terms. The Site, excluding unaffiliated linked sites, is controlled by Diana Health, which is located in New York, United States. If You are using the Site when outside the United States of America, Your information will be transferred to, stored, and processed in the United States. The privacy laws of the United States may not be as protective as those in other jurisdictions. By using the Site, You acknowledge that We collect and process Your data as described in these Terms. We collect and use information as reasonably necessary to fulfill Your requests for Our services, to operate Our business, and to comply with law. You acknowledge that these are acceptable reasons to collect and process Your data. You also consent to the transfer of Your information to the United States and the use and disclosure of Your information as described in this Privacy Policy. If You are located outside the United States of America, You acknowledge and agree that Your data will be stored and processed in the United States, which may have privacy laws that are less protective than the laws of the country in which You are located. By using the Site, You consent to the processing of Your data in the United States for the purposes described in these Terms, the Privacy Policy, and any documentation regarding the Site, and as permitted by law.

Changes to the Terms of Use

We have the right to change, amend and modify the Terms at any time. We will post the revised Terms on the Site, with a changed “Last Revised” date. You are expected to check this page from time to time for changes to the Terms, as they are binding on You. If You have questions, We can be contacted at: info@diana.health or by post to:

Diana Health, Inc.

520 Broadway, 4th Floor

New York, NY 10012

United States

LAST UPDATED: 11/24/2021

Website Privacy Policy

Thank You for choosing to be part of Our community at Diana Health, Inc. (“Diana Health“, “we“, “us“, or “our“). We are committed to protecting Your personal information and Your right to privacy. If You have any questions or concerns about this Privacy Policy, or Our practices with regards to Your personal information, please contact Us at info@diana.health.

When You visit Our website, www.heydianahealth.com (the “Site“), and more generally, use any of Our services (the “Services“, which include the Site), We appreciate that You are trusting Us with Your personal information. We take Your privacy very seriously. In this Privacy Policy, We seek to explain to You in the clearest way possible what information We collect, how We use it and what rights You have in relation to it. If there are any terms in this Privacy Policy that You do not agree with, please discontinue use of Our Services immediately.

This Privacy Policy applies to all information collected through Our Services (which, as described above, includes Our Site), as well as any related services, sales, marketing or events.

Please read this Privacy Policy carefully as it will help You understand what We do with the information that We collect.

This Site provides educational materials related to Your health care journey, allows You to schedule appointments and communicate with Diana Health. Diana Health is the provider of access to the Site

The purpose of this Site is to provide support to Diana Health patients throughout their care with Diana Health providers. We provide fully integrated health care for patients, including nutrition, mental health and wellness, and gynecological care, as well as classes and events. This Site may be used to communicate with Your Diana Health care team during regular business hours, schedule appointments.

Any protected health information You share with the App is protected by and subject to Our HIPAA Notice of Privacy Practices.

  1. WHAT INFORMATION DO WE COLLECT?

Personal information You disclose to us

In Short: We collect information that You provide to us.

We collect personal information that You voluntarily provide to Us when You express an interest in obtaining information about Us or Our products and Services, when You participate in activities on the Site or otherwise when You contact us.

The personal information that We collect depends on the context of Your interactions with Us and the Site, the choices You make and the products and features You use. The personal information We collect may include the following:

Personal Information Provided by You. We may ask You to provide Your: name, email address; phone number, the Diana Health practice location of interest to You, and other similar information. We also collect certain information from You about Your health care needs, which might include Your pregnancy status and Your interest in learning more about pregnancy care, preconception counseling, general gynecological care, or mental health/wellness coaching.

All personal information that You provide to Us must be true, complete and accurate, and You must notify Us of any changes to such personal information.

How We Collect Information from You

  • Sign up to use the Site
  • Respond to a questionnaire or survey on the Site
  • Fill out a form on the Site
  • Engage in other activities, services, features or resources We make available on the Site that request Your information.

Information From Third Parties

This Site is connected to the Diana Health electronic health record. Your electronic health record may contain information provided to Diana Health from third parties, and that information may be included in the Site.

Any protected health information You share with the App is protected by and subject to Your health plan’s HIPAA Notice of Privacy Practices. If We share Your protected health information with third parties, We will do so only in accordance with the contract We entered into with Your health plan and with applicable law. This means that We might ask You to sign a HIPAA authorization form before We share Your information with a third party.

Information automatically collected

In Short: Some information — such as Your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when You visit Our Site.

We automatically collect certain information when You visit, use or navigate the Site. This information does not reveal Your specific identity (like Your name or contact information) but may include device and usage information, such as Your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about who and when You use Our Site and other technical information. This information is primarily needed to maintain the security and operation of Our Site, and for Our internal analytics and reporting purposes. We may combine this information with Your Diana Health username, contact information, other account information, or other unique information in order to provide the services that You have requested, to troubleshoot problems, or to provide better service to You or other Users.

Like many businesses, We also collect information through cookies and similar technologies.

The information We collect includes:

  • Log and Usage Data. Log and usage data is service-related, diagnostic usage and performance information Our servers automatically collect when You access or use Our Site and which We record in log files. Depending on how You interact with us, this log data may include Your IP address, device information, browser type and settings and information about Your activity in the Site (such as the date/time stamps associated with Your usage, pages and files viewed, searches and other actions You take such as which features You use), device event information (such as system activity, error reports (sometimes called ‘crash dumps’) and hardware settings).
  • Device Data. We collect device data such as information about the device You use to access the Site. Depending on the device used, this device data may include information such as Your IP address (or proxy server), device application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system configuration information.
  • Location Data. We may collect information data such as information about Your device’s location, which can be either precise or imprecise. How much information We collect depends on the type of settings of the device You use to access the Site. For example, We may use GPS and other technologies to collect geolocation data that tells Us Your current location (based on Your IP address). You may be able to opt out of allowing Us to collect this information either by refusing access to the information or by disabling Your Locations settings on Your device. Note however, if You choose to opt out, You may not be able to use certain aspects of the Services.
  • Google Analytics Notice. We currently use Google Analytics, which uses cookies to analyze traffic on the Site. For instance, Google Analytics tells Us how many people have used the Site, how they move through the Site, and how long they spend on each area of the Site. We typically do not connect this analytical information with identifiable information like name or phone number, although the analytics may associate information with a geographic location, or device identifier. Additional information regarding privacy of Google Analytics is available here: https://support.google.com/analytics/answer/4597324?hl=en
  1. HOW DO WE USE YOUR INFORMATION?

In Short: We process Your information for purposes based on legitimate business interests, the fulfillment of Our contract with You, compliance with Our legal obligations, and/or Your consent.

We use personal information collected via Our Site for a variety of business purposes described below. We process Your personal information for these purposes in reliance on Our legitimate business interests, in order to enter into or perform a contract with You, with Your consent, and/or for compliance with Our legal obligations. We indicate the specific processing grounds We rely on next to each purpose listed below.

We use the information We collect or receive:

  • To send administrative information to You. We may use Your personal information to send You product, service and new feature information and/or information about changes to Our terms, conditions, and policies.
  • To protect Our Services. We may use Your information as part of Our efforts to keep Our Site safe and secure (for example, for fraud monitoring and prevention).
  • To enforce Our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with Our contract. We reserve the right to report to appropriate law enforcement or government agencies activities that We, in good faith, believe to be harmful or unlawful, with or without providing notice to You.
  • To respond to legal requests and prevent harm. If We receive a subpoena or other legal request, We may need to inspect the data We hold to determine how to respond.
  • To respond to user inquiries/offer support to users. We may use Your information to respond to Your inquiries and solve any potential issues You might have with the use of Our Services.
  • To send You communications about Our Services. We and/or Our third-party marketing partners may use the personal information You send to Us for Our marketing purposes if this is in accordance with Your marketing preferences. For example, when expressing an interest in obtaining information about Us or Our Site, subscribing to marketing or otherwise contacting us, We will collect personal information from You. You can opt-out of Our marketing emails at any time (see the “WHAT ARE YOUR PRIVACY RIGHTS” below).
  • Deliver targeted advertising to You. We may use Your information to develop and display personalized content and advertising (and work with third parties who do so, like Facebook Pixel) tailored to Your interests and/or location and to measure its effectiveness.
  1. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short: We only share information with Your consent, to comply with laws, to provide You with services, to protect Your rights, or to fulfill business obligations.

We may process or share Your data that We hold based on the following legal basis:

    • Consent: We may process Your data if You have given Us specific consent to use Your personal information in a specific purpose.
    • Legitimate Interests: We may process Your data when it is reasonably necessary to achieve Our legitimate business interests.
    • Performance of a Contract: Where We have entered into a contract with You, We may process Your personal information to fulfill the terms of Our contract.
    • Legal Obligations: We may disclose Your information where We are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
  • Vital Interests: We may disclose Your information where We believe it is necessary to investigate, prevent, or take action regarding potential violations of Our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which We are involved.
  • For the purposes specified at the time of collection. There may be other purposes that are specified when the information is collected.

More specifically, We may need to process Your data or share Your personal information in the following situations:

  • Business Transfers. We may share or transfer Your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of Our business to another company.
  • Vendors, Consultants and Other Third-Party Service Providers. We may share Your data with third-party vendors, service providers, contractors or agents who perform services for Us or on Our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Site, which will enable them to collect data on Our behalf about how You interact with Our Site over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, pages or features, and better understand online activity. Unless described in this notice, We do not share, sell, rent or trade any of Your information with third parties for their promotional purposes.
  • DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store Your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how We use such technologies and how You can refuse certain cookies is set out in Our Cookie Notice.

Most Web browsers are set to accept cookies by default. If You prefer, You can usually choose to set Your browser to remove cookies and to reject cookies. If You choose to remove cookies or reject cookies, this could affect certain features or services of Our Site. To opt-out of interest-based advertising on Our Site visit http://www.aboutads.info/choices/.

  • HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep Your information for as long as necessary to fulfill the purposes outlined in this Privacy Policy unless otherwise required by law.

We will only keep Your personal information for as long as it is necessary for the purposes set out in this Privacy Policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements).

When We have no ongoing legitimate business need or legal obligation to process Your personal information, We will either delete or anonymize such information, or, if this is not possible (for example, because Your personal information has been stored in backup archives), then We will securely store Your personal information and isolate it from any further processing until deletion is possible.

  1. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect Your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information We process, including systems that store and transmit sensitive health data. However, despite Our safeguards and efforts to secure Your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so We cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat Our security, and improperly collect, access, steal, or modify Your information. Although We will do Our best to protect Your personal information, transmission of personal information to and from Our Site is at Your own risk. You should only access the Site within a secure environment. Please consider carefully the information You share through the Site.

  1. DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 13 years of age.

We do not knowingly solicit data from or market to children under 13 years of age. By using the App, You represent that You are at least 18 or that You are the parent or guardian of such a minor above the age of 13 and consent to such minor dependent’s use of the App. If We learn that personal information from users less than 13 years of age has been collected, We will deactivate the account and take reasonable measures to promptly delete such data from Our records. If You become aware of any data We may have collected from children under age 13, please contact Us at info@diana.health.

  1. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: You may review, change, or terminate Your account at any time by logging into Your account or requesting termination or changes.

If You are using the Site when outside the United States of America, Your information will be transferred to, stored, and processed in the United States. The privacy laws of the United States may not be as protective as those in other jurisdictions. By using the Site, You acknowledge that We collect and process Your data as described in this Privacy Policy. We collect and use information as reasonably necessary to fulfill Your requests for suggested support resources, to operate Our business, and to comply with law. You acknowledge that these are acceptable reasons to collect and process Your data. You also consent to the transfer of Your information to the United States and the use and disclosure of Your information as described in this Privacy Policy. If You want Us to correct, delete, or no longer process Your data, please contact Us at the “Contact Us” address below. You understand and agree that a request for Us to delete or no longer process Your data means that You can no longer use the Site, as it is necessary for Us to perform the Services.

  1. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting You can activate to signal Your privacy preference not to have data about Your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, We do not currently respond to DNT browser signals or any other mechanism that automatically communicates Your choice not to be tracked online. If a standard for online tracking is adopted that We must follow in the future, We will inform You about that practice in a revised version of this Privacy Policy.

  1. Your California “Shine the Light” Privacy Rights

Upon Your request, submitted to info@diana.health. We will advise You of any categories of personal information that We disclose to third parties, and (to the extent We know) whether those third parties use that information for their direct marketing purposes. If We provide Your personal information to a third party, We do not allow that third party to use that information for marketing their services, unless You have consented to that use.

  1. DO WE MAKE UPDATES TO THIS PRIVACY POLICY?

In Short: Yes, We will update this notice as necessary to stay compliant with relevant laws.

We may update this Privacy Policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If We make material changes to this Privacy Policy, We may notify You either by prominently posting a notice of such changes or by directly sending You a notification. We encourage You to review this Privacy Policy frequently to be informed of how We are protecting Your information.

  1. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

We would welcome Your feedback regarding the App. For example, the App may present accessibility and usability issues for some individuals, or You might have any questions about this Privacy Policy or Your interactions with the App. If so, please contact Us at: info@diana.health so We may make improvements to the next App version, answer, questions or aid. You have questions or comments about this Privacy Policy, You may email Us at info@diana.health or by post to:

Diana Health, Inc.
520 Broadway, 4th Floor

New York, NY 10012

United States

  1. HOW CAN YOU REVIEW, CORECT, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

You are responsible for ensuring the information You provide to Us is accurate and truthful. If Your information needs to be updated, corrected, or deleted, please notify Us using the contact information provided below. Your personal information can only be deleted in accordance with Our data retention policy, and as permitted by law. Further, personal information may remain in databases, access logs, backup media, and other records. We cannot update or remove information from records of third parties. To request to review, update, or delete Your personal information, please contact Us at info@diana.health. We will respond to Your request within 30 days.

  1. LINKS TO THIRD PARTY WEBSITES OR APPS

Users may find advertising or other content on the Site that link to the sites and services of Our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not endorse the products of those companies, do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from the Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website is subject to that website’s own terms and policies. We encourage You to read the terms and policies of any third-party site or service You navigate to.

  1. DISCLAIMER

The content provided by and made available on the Site is for general information purposes only and is in no way intended to be a substitute for medical consultation with a qualified professional. We strongly encourage internet users to be careful when using medical information. If You are unsure about Your medical condition, consult a physician.

Although We carefully review Our content, Diana Health cannot guarantee or take responsibility for the medical accuracy of the content We provide, nor can We accept any liability for the content of information that is available through the Site.

While We attempt to keep the Site updated, neither We nor any employee or contractor warrants the accuracy, reliability, or timeliness of any information published on the Site or any website that links to or is linked from Our Site.

Neither Diana Health, any subsidiary or affiliate, nor any employee, owner, director, trustee, employee, or contractor shall be held liable for any losses caused by reliance on the accuracy, reliability or timeliness of such information.

Any person or entity that relies on any information obtained using this Site does so at his or her own risk.

While We exert reasonable efforts to maintain the privacy and security of all information that is accessible, or accessed, through the Site, all Users acknowledge that electronic information is susceptible to unauthorized access, and that such information may be used, disclosed, modified or corrupted without authorization or unintentionally.


LAST UPDATED: 11/26/2021

Mobile Application Terms of Use

Welcome! Please read the Terms of Use (the “Terms”) carefully because they serve as an agreement between You (“You” or “User”) and Diana Health, Inc. and its affiliates and subsidiaries (“Diana Health”, “We”, “Our” or “Us”) regarding the use of the Diana Health Application (“App”), a mobile application provided by Diana Health. These Terms apply to the App and all products and services offered by Us related to the App, which are together called the “App”. You must agree to these Terms and the Privacy Policy (available here) to use the App. If, after reading the Terms and the Privacy Policy, You do not agree, You cannot and should not use the App.

IF YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY FACILITY. THE APP IS NOT INTENDED TO BE USED IN AN EMERGENCY OR TO TAKE THE PLACE OF TALKING TO YOUR DOCTOR.

General

The purpose of this App is to provide support to Diana Health patients throughout their care with Diana Health providers. We provide fully integrated health care for patients, including nutrition, mental health and wellness, and gynecological care, as well as classes and events. Diana Health is the provider of access to the App. This App may be used to communicate with Your Diana Health care team during regular business hours.

Any protected health information (or “PHI”) You share with the App is protected by and subject to Our HIPAA Notice of Privacy Practices.

Not Medical Advice

The general education resources available on the App, such as blog posts, are not intended to be a substitute for professional medical advice, diagnosis or treatment, and do not constitute medical or other professional advice. The general education resources provided through this App are designed to support, not replace, the relationship that exists between the patient and the patient’s physician(s). Reliance on any general education information provided by Diana Health through the App is solely at Your own risk. Never disregard professional medical advice or delay in seeking it because of something You have read or seen on the App. If You have any questions about Your medicines, Your care, or Your health conditions, consult Your doctor.

The App has been developed using care and in accordance with existing best practices for care coordination services to help You manage Your healthcare. Certain features of the App do include health care services where Your health care provider will give You medical advice, such as in-App messaging and any telehealth appointments.

Agreement to Terms

By using the App, You agree to be bound by these Terms. If You don’t agree to be bound by these Terms, please do not use the App. By using the App, You agree not to solely rely on the suggestions from the App in any way for the patient’s medical treatment and agree to waive any and all potential liability associated with the use of the App.

By using the App, You agree that Diana Health may use Your personal data as described in the Privacy Policy, available at https://heydianahealth.com/privacypolicy/

You understand that email communication can be intercepted by, or transmitted to, unintended third parties. You expressly agree to hold Diana Health harmless for any damages associated with any breach of Your email or erroneous transmission.

Scope of App Services

The App is designed to provide support to Diana Health patients throughout their care by offering access to providers and care. The App contains information that You provide to Us or that We have made available to You. The information in the App may not be consistent with Your latest treatment or medication plans. The App is not guaranteed to be error-free or uninterrupted. While the App seeks to be reliable, You should always feel free to communicate with Your Diana Health providers by contacting them or discussing Your concerns in an appointment.

Generally, Diana Health can answer questions through the App during regular business hours Monday through Friday, excluding national holidays. Do not wait on a response from the App for urgent medical questions. Please call You Diana Health provider if You have any urgent questions.

Your Promises

  • You promise that:
  • You are at least 18 years old, or if You are less than 18 years old, Your parent or guardian has provided consent for You to use the App.
  • You are able to agree to contracts and be legally bound by them. If You are not able to agree to and be legally bound by contracts, a parent or guardian that is able to be bound by contracts is agreeing to these Terms on Your behalf. The person that is able to be bound is responsible for ensuring Your compliance with these Terms.
  • You live in the United States.
  • You will be responsible for Your use of the App. If You have a guardian or are under 18 years old, Your parent or guardian is also responsible for Your use of the App.
  • You understand and agree that Diana Health is not responsible to You, Your parents or Your guardian(s), and will not be liable to You, Your parents or Your guardians, for Your use or misuse of the App, and You (or Your parents or guardians, as the case may be) will protect Diana Health, and will be responsible for any claims against Diana Health and its employees and agents by anyone related to Your use, misuse, or failure to use the App.
  • You will keep Your Diana Health account information, including Your user name and password or other credentials, secret, and not tell anyone what they are or let anyone else use them.
  • You will tell Diana Health promptly if You believe Your Diana Health user name or password or other credentials are no longer secret, and You will change Your password immediately to protect the privacy of Your information and the security of the App.
  • You understand and agree that any links on the App to other websites or to products, services, or merchandise not controlled by Diana Health are offered by third parties, and that Diana Health does not control, endorse, or guarantee such information, products, services or merchandise. You are responsible for reviewing the terms and privacy policy for any websites and other applications and deciding whether to agree to them, and We encourage You to do so.
  • You agree that the App, or any component of the App will NOT be used:
    • In an illegal, inflammatory, defamatory, obscene, or hateful manner
    • To promote violence, discrimination on the basis of race, religion, gender, nationality, disability, age, or similar characteristics; or to infringe or breach the rights of any third party
    • To threaten, abuse, harass, embarrass, alarm, defraud, or annoy another person;
    • To transmit any computer code, including (without limitation) any virus, worm, Trojan, time-bomb, logger, spyware, ransomware, or other harmful program or code that is intended, designed, or anticipated to cause harm or disruption to computers or networks, or any unsolicited promotional or advertising materials or “spam”; or
    • In a manner otherwise contrary to the nature and purpose of the App to support health and health behaviors.

IP, Copyright and Digital Millennium Copyright Notice

The content available on the App is subject to global copyright. Reproduction, processing, dissemination and use of any kind require written consent from Diana Health. The App is also protected by various intellectual property rights. As between You and Diana Health, Diana Health or its licensors hold the copyright and all other intellectual property rights and interests in the App. You are granted a non-exclusive limited license to use the App as described in these Terms for personal, noncommercial purposes and any terms that were provided with the App. You are not permitted to use, reverse engineer or otherwise exploit the App beyond the grant of license.

You may be able to upload certain information or content onto the App. By uploading information onto the App, You certify that You have the right to upload the information. Information uploaded onto the App is not confidential, and You grant to Us an unlimited, perpetual, royalty free, fully paid-up, worldwide license to use that information for any purpose, in any format or media. We have the right to disclose Your identity and location to any third party who claims that any material uploaded or posted by You infringes any intellectual property right, or breaches any confidentiality or privacy right, or to other third parties as otherwise permitted or required by law. We are not responsible or liable for the content or accuracy of any content posted by You or any other user of the App. We have the right to remove any content or information posted on the App at any time.

Any content or information posted on the App by You must:

  • Not be illegal, inflammatory, defamatory, obscene, or hateful
  • Not promote violence
  • Not be sexually explicit
  • Not promote discrimination based on race, religion, gender, nationality, disability, age, or similar characteristics
  • Not infringe or breach the rights of any third party
  • Not threaten, abuse, harass, embarrass, alarm, or seek to annoy another person
  • Not seek to incite another to engage in any of the prohibited behaviors
  • Not seek to sell goods or services of a third party
  • Not misrepresent the source of the information

Be truthful, fair and appropriate given the nature and purpose of the App to educate and support the attainment of health and healthy behaviors

Digital Millennium Copyright Notice

Diana Health respects the rights of all copyright holders. If You believe Your copyright has been infringed, You may notify Diana Health in writing at:

Diana Health, Inc.

520 Broadway, 4th Floor

New York, NY 10012

United States

To be effective, Your notice must include substantially the following, as provided for under the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(3):

  • Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material;
  • Information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Diana Health has adopted and reasonably implemented a policy that provides for the termination, in appropriate circumstances, of Users that are repeat infringers.

Links to Other Websites

There may be links to other websites on the App. The presence of a link to another website does not indicate any endorsement or approval of goods or services offered by the company or through the linked website. Each website has its own terms of use and privacy policy, which You should review before using the website. We are not responsible for the operation, terms or privacy policy of linked websites.

Enforcement of Terms

If any of the provisions of these Terms are held to be unenforceable, the remaining provisions will be unimpaired, and the unenforceable provision will be automatically replaced by an enforceable term or provision that comes as close as possible to the intention underlying the unenforceable term or provision. These Terms are subject to and do not alter any other agreements You have entered into with Diana Health.

Diana Health has the right to determine whether there has been a violation of these Terms. If We determine the Terms have been violated, We have the right to determine the action that will be taken. The action to be taken may include (but not be limited to):

  • Immediate termination of Your right to use the App. The termination may be temporary or permanent.
  • Immediate removal of any content posted by You to the App.
  • Issuance of a warning or other communication to You.
  • Legal proceedings against You, including seeking of damages (including indemnity) recovering all costs and losses suffered as a result of Your violation of the Terms.
  • Other forms of legal proceedings against You.
  • Referral to law enforcement agencies for further action.

We will not be liable for any damages which You may suffer as a result of the foregoing actions.

Jurisdiction and Applicable Law

The law of the State of New York will apply to all proceedings related to the App and these Terms. The App, excluding unaffiliated linked sites, is controlled by Diana Health, which is located in New York, the United States. If You are using the App when outside the United States of America, Your information will be transferred to, stored, and processed in the United States. The privacy laws of the United States may not be as protective as those in other jurisdictions. By using the App, You acknowledge that We collect and process Your data as described in these Terms. We collect and use information as reasonably necessary to fulfill Your requests for Our services, to operate Our business, and to comply with law. You acknowledge that these are acceptable reasons to collect and process Your data. You also consent to the transfer of Your information to the United States and the use and disclosure of Your information as described in this Privacy Policy. If You are located outside the United States of America, You acknowledge and agree that Your data will be stored and processed in the United States, which may have privacy laws that are less protective than the laws of the country in which You are located. By using the App, You consent to the processing of Your data in the United States for the purposes described in these Terms, the Privacy Policy, and any documentation regarding the App, and as permitted by law.

Changes to the Terms of Use

We have the right to change, amend and modify the Terms of Use at any time. We will post the revised Terms on the App, with a changed “Last Revised” date. You are expected to check this page from time to time for changes to the Terms, as they are binding on You. If You have questions, We can be contacted at If You have questions or comments about this notice, You may email Us at info@diana.health or by post to:

Diana Health, Inc.

520 Broadway, 4th Floor

New York, NY 10012

United States

Disclaimer

The content provided by and made available on the App is for general information purposes only and is in no way intended to be a substitute for medical consultation with a qualified professional. We strongly encourage internet users to be careful when using medical information. If You are unsure about Your medical condition, consult a physician.

Although We carefully review Our content, Diana Health cannot guarantee or take responsibility for the medical accuracy of the content We provide, nor can We accept any liability for the content of information that is available through the App.

While We attempt to keep the App updated, neither We nor any employee or contractor warrants the accuracy, reliability, or timeliness of any information published on the App or any website that links to or is linked from Our App.

Neither Diana Health, any subsidiary or affiliate, nor any employee, owner, director, trustee, employee, or contractor shall be held liable for any losses caused by reliance on the accuracy, reliability or timeliness of such information.

Any person or entity that relies on any information obtained using this App does so at his or her own risk.

While We exert reasonable efforts to maintain the privacy and security of all information that is accessible, or accessed, through the App, all Users acknowledge that electronic information is susceptible to unauthorized access, and that such information may be used, disclosed, modified or corrupted without authorization or unintentionally.

LAST UPDATED: 11/26/2021

Diana Health Mobile Application Privacy Policy

Thank You for choosing to be part of Our community at Diana Health, Inc. (“Diana Health”, “we”, “us”, or “our”). We are committed to protecting Your personal information and Your right to privacy. If You have any questions or concerns about this Privacy Policy, or Our practices with regards to Your personal information, please contact Us at info@diana.health.

When You visit Our mobile application Diana Health App (the “App”), and more generally, use any of Our services (the “Services”, which include the App), We appreciate that You are trusting Us with Your personal information. We take Your privacy very seriously. In this Privacy Policy, We seek to explain to You in the clearest way possible what information We collect, how We use it and what rights You have in relation to it. If there are any terms in this Privacy Policy that You do not agree with, please discontinue use of Our Services immediately.

This Privacy Policy applies to all information collected through Our Services (which, as described above, includes Our App), as well as any related services or events.

Please read this Privacy Policy carefully as it will help You understand what We do with the information that We collect.

This App provides educational materials related to Your health care journey, allows You to schedule appointments and communicate with Diana Health providers. Diana Health is the provider of access to the App

The purpose of this App is to provide support to Diana Health patients throughout their care with Diana Health providers. We provide fully integrated health care for patients, including nutrition, mental health and wellness, and gynecological care, as well as classes and events. This App may be used to communicate with Your Diana Health care team during regular business hours, schedule appointments.

Any protected health information You share with the App is protected by and subject to Our HIPAA Notice of Privacy Practices.

1. WHAT INFORMATION DO WE COLLECT?

Personal information You disclose to us

In Short: We collect information that You provide to us.

We collect personal information that You voluntarily provide to Us when You express an interest in obtaining information about Us or Our products and Services, when You participate in activities on the App or otherwise when You contact us.

The personal information that We collect depends on the context of Your interactions with Us and the App, the choices You make and the products and features You use. The personal information We collect may include the following:

Personal Information Provided by You. We collect names; email addresses; phone number, practice location of interest, and other similar information. We also collect certain information from You about Your health care needs, which might include Your pregnancy status, interest in learning more about pregnancy care, preconception counseling, general gynecological care, or mental health/wellness coaching. You may also submit information through Our in-App messaging feature where You share certain health information with a Diana Health provider, such as pregnancy status, diagnosis, and specific health concerns.

All personal information that You provide to Us must be true, complete and accurate, and You must notify Us of any changes to such personal information.

How We Collect Information from You

  • Sign up to use the App
  • Respond to a questionnaire or survey on the App
  • Fill out a form on the App
  • Engage in other activities, services, features or resources We make available on the App that request Your information.
  • Information From Third Parties

Any protected health information You share with the App is protected by and subject to Diana Health’s HIPAA Notice of Privacy Practices. If We share Your protected health information with third parties, We will do so only in accordance with applicable law. This means that We might ask You to sign a HIPAA authorization form before We share Your information with a third party. We may also receive data about You from third parties, like other health care providers.

This App is connected to the Diana Health electronic health record. You Electronic Health Record may contain information provided to Diana Health from third parties, and that information may be included in the App.

Information automatically collected

In Short: Some information — such as Your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when You visit Our App.

We automatically collect certain information when You visit, use or navigate the App. This information does not reveal Your specific identity (like Your name or contact information) but may include device and usage information, such as Your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about who and when You use Our App and other technical information. This information is primarily needed to maintain the security and operation of Our App, and for Our internal analytics and reporting purposes. We may combine this information with Your Diana Health username, contact information, other account information, or other unique information in order to provide the services that You have requested, to troubleshoot problems, or to provide better service to You or other Users.

Like many businesses, We also collect information through certain tracking technologies, and some of Our third-party partners that We link to within the App may use cookies on their websites. The information We collect includes:

Log and Usage Data. Log and usage data is service-related, diagnostic usage and performance information Our servers automatically collect when You access or use Our App and which We record in log files. Depending on how You interact with us, this log data may include Your IP address, device information, browser type and settings and information about Your activity in the App (such as the date/time stamps associated with Your usage, pages and files viewed, searches and other actions You take such as which features You use), device event information (such as system activity, error reports (sometimes called ‘crash dumps’) and hardware settings).

Device Data. We collect device data such as information about the device You use to access the App. Depending on the device used, this device data may include information such as Your IP address (or proxy server), device application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system configuration information.

Device Identifiers and Other Tracking. The App uses unique device identifiers (“UDID”) or other tracking capabilities to enhance User experience. The UDID is an identifier that uniquely identifies Your device and allows the App to recognize You and Your device when You return to the App. UDID, and the other tracking technologies used by the App are intended to improve User experience. For example, the UDID can help the App remember You between visits. It is not possible to refuse the UDID, as that is necessary for the App to work. However, the information from the UDID is only used to make the App work as well as possible for You.

2. HOW DO WE USE YOUR INFORMATION?

In Short: We process Your information for purposes based on legitimate business interests, the fulfillment of Our contract with You, compliance with Our legal obligations, and/or Your consent.

We use personal information collected via Our App for a variety of business purposes described below. We process Your personal information for these purposes in reliance on Our legitimate business interests, in order to enter into or perform a contract with You, with Your consent, and/or for compliance with Our legal obligations. We indicate the specific processing grounds We rely on next to each purpose listed below.

We use the information We collect or receive:

To send administrative information to You. We may use Your personal information to send You product, service and new feature information and/or information about changes to Our terms, conditions, and policies.

To protect Our Services. We may use Your information as part of Our efforts to keep Our App safe and secure (for example, for fraud monitoring and prevention).

To enforce Our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with Our contract. We reserve the right to report to appropriate law enforcement or government agencies activities that We, in good faith, believe to be harmful or unlawful, with or without providing notice to You.

To respond to legal requests and prevent harm. If We receive a subpoena or other legal request, We may need to inspect the data We hold to determine how to respond.

To respond to user inquiries/offer support to users. We may use Your information to respond to Your inquiries and solve any potential issues You might have with the use of Our Services.

To send You communications about Our Services. We and/or Our third-party marketing partners may use the personal information You send to Us for Our marketing purposes if this is in accordance with Your marketing preferences and permitted by law. For example, when expressing an interest in obtaining information about Us or Our App, subscribing to marketing or otherwise contacting us, We will collect personal information from You. You can opt-out of Our marketing emails at any time (see the “WHAT ARE YOUR PRIVACY RIGHTS” below).

Deliver targeted advertising to You. We may use Your information to develop and display personalized content and advertising (and work with third parties who do so, like Facebook Pixel) tailored to Your interests and/or location and to measure its effectiveness.

3. WHO WILL YOUR INFORMATION BE SHARED WITH?

In Short: We only share information with Your consent, to comply with laws, to provide You with services, to protect Your rights, or to fulfill business obligations.

We may process or share Your data that We hold based on the following legal basis:

Consent: We may process Your data if You have given Us specific consent to use Your personal information in a specific purpose.

Legitimate Interests: We may process Your data when it is reasonably necessary to achieve Our legitimate business interests.

Performance of a Contract: Where We have entered into a contract with You, We may process Your personal information to fulfill the terms of Our contract.

Legal Obligations: We may disclose Your information where We are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

Vital Interests: We may disclose Your information where We believe it is necessary to investigate, prevent, or act regarding potential violations of Our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which We are involved.

For the purposes specified at the time of collection. There may be other purposes that are specified when the information is collected.

More specifically, We may need to process Your data or share Your personal information in the following situations:

Business Transfers. We may share or transfer Your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of Our business to another company.

Vendors, Consultants and Other Third-Party Service Providers. We may share Your data with third-party vendors, service providers, contractors or agents who perform services for Us or on Our behalf and require access to such information to do that work. Examples include payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the App, which will enable them to collect data on Our behalf about how You interact with Our App over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, pages or features, and better understand online activity. Unless described in this notice, We do not share, sell, rent or trade any of Your information with third parties for their promotional purposes.

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use tracking technologies to collect and store Your information.

We do not use cookies on Our App. However, We may use tracking technologies (like web beacons and pixels) to access or store information. Specific information about how We use such technologies and how You can refuse certain cookies is set out in Our Cookie Notice.

5. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep Your information for as long as necessary to fulfill the purposes outlined in this Privacy Policy unless otherwise required by law.

We will only keep Your personal information for as long as it is necessary for the purposes set out in this Privacy Policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements).

When We have no ongoing legitimate business need to process Your personal information, We will either delete or anonymize such information, or, if this is not possible (for example, because Your personal information has been stored in backup archives), then We will securely store Your personal information and isolate it from any further processing until deletion is possible.

6. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect Your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information We process, including systems that store and transmit sensitive health data. However, despite Our safeguards and efforts to secure Your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so We cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat Our security, and improperly collect, access, steal, or modify Your information. Although We will do Our best to protect Your personal information, transmission of personal information to and from Our App is at Your own risk. You should only access the App within a secure environment. Please carefully consider the information You share through the App.

7. DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 13 years of age.

We do not knowingly solicit data from or market to children under 13 years of age. By using the App, You represent that You are at least 18 or that You are the parent or guardian of such a minor above the age of 13 and consent to such minor dependent’s use of the App. If We learn that personal information from users less than 13 years of age has been collected, We will deactivate the account and take reasonable measures to promptly delete such data from Our records. If You become aware of any data, We may have collected from children under age 13, please contact Us at info@diana.health.

8. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: You may review, change, or terminate Your account at any time by logging into Your account or requesting termination or changes. We will render Your account inaccessible.

If You are using the App when outside the United States of America, Your information will be transferred to, stored, and processed in the United States. The privacy laws of the United States may not be as protective as those in other jurisdictions. By using the App, You acknowledge that We collect and process Your data as described in this Privacy Policy. We collect and use information as reasonably necessary to fulfill Your requests for suggested support resources, to operate Our business, and to comply with law. You acknowledge that these are acceptable reasons to collect and process Your data. You also consent to the transfer of Your information to the United States and the use and disclosure of Your information as described in this Privacy Policy. If You want Us to correct, delete, or no longer process Your data, please contact Us at the “Contact Us” address below. You understand and agree that a request for Us to delete or no longer process Your data means that You can no longer use the App, as it is necessary for Us to perform the Services.

9. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting You can activate to signal Your privacy preference not to have data about Your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, We do not currently respond to DNT browser signals or any other mechanism that automatically communicates Your choice not to be tracked online. If a standard for online tracking is adopted that We must follow in the future, We will inform You about that practice in a revised version of this Privacy Policy.

10. Your California “Shine the Light” Privacy Rights

Upon Your request, submitted to info@diana.health, We will advise You of any categories of personal information that We disclose to third parties, and (to the extent We know) whether those third parties use that information for their direct marketing purposes. If We provide Your personal information to a third party, We do not allow that third party to use that information for marketing their services, unless You have consented to that use.

11. DO WE MAKE UPDATES TO THIS PRIVACY POLICY?

In Short: Yes, We will update this notice as necessary to stay compliant with relevant laws.

We may update this Privacy Policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If We make material changes to this Privacy Policy, We may notify You either by prominently posting a notice of such changes or by directly sending You a notification. We encourage You to review this Privacy Policy frequently to be informed of how We are protecting Your information.

12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

We would welcome Your feedback regarding the App. For example, the App may present accessibility and usability issues for some individuals, or You might have any questions about this Privacy Policy or Your interactions with the App. If so, please contact Us so We may make improvements to the next App version, answer, questions or aid. If You have questions or comments about this Privacy Policy, You may email Us at info@diana.health or by post to:

Diana Health, Inc.

520 Broadway, 4th Floor

New York, NY 10012

United States

13. HOW CAN YOU REVIEW, CORECT, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

You are responsible for ensuring the information You provide to Us is accurate and truthful. If Your information needs to be updated, corrected, or deleted, please notify Us using the contact information provided below. Your personal information can only be deleted in accordance with Our data retention policy, and as permitted by law. Further, personal information may remain in databases, access logs, backup media, and other records. We cannot update or remove information from records of third parties. To request to review, update, or delete Your personal information, please contact Us at info@diana.health. We will respond to Your request within 30 days.

14. LINKS TO THIRD PARTY WEBSITES OR APPS

Users may find advertising or other content on the App that link to the sites and services of Our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not endorse the products of those companies, do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from the App. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website is subject to that website’s own terms and policies. We encourage You to read the terms and policies of any third-party site or service You navigate to.