Legal

Soar Health Inc

Privacy Policy

Date of last revision: February 9, 2021

 

I. Who We Are?

 

We are Soar Health Inc dba Soar Autism Center, located in Colorado, and registered as a corporation in Delaware. We provide information related to autism care and related disorders and in-person behavioral health and counseling services through our centers.

 

II. What Is This?

 

This is a privacy policy and the reason we have it is to tell you how we collect, manage, store, and use your information.

Just so we’re clear, whenever we say “we,” “us,” “our,” or “ourselves”, we’re talking about Soar Health Inc dba Soar Autism Center and whenever we say “you” or “your,” we’re talking about the person who has decided to use our services. When we talk about our services, we mean any of our website or apps; or any features, products, graphics, text, images, photos, audio, video, or similar things we use.

III. Why Are We Showing You This?

 

We value and respect your privacy. That is why we strive to only use your information to improve our services to you. If you feel that we could improve in this mission in any way, or if you have a complaint or concern, please let us know by sending us your feedback to the following email address: info@soar-health.com.

Our goal is to be as transparent and open about our use of information and data as possible, so that our users can benefit from both the way they provide information and how we use it.

This privacy policy should be read along with our Terms of Use, posted at www.coloradoautismcenter.com/terms-of-use. That’s another big part of what we do, so please review it for questions or concerns about what it says there.

IV. Information Collection and Use

In accessing certain parts of our services, you may be asked to provide us a variety of information—some of which can personally identify you and some that cannot. To the extent we collect, store, and share this personal information with third parties, we do so only in the ways we explain in this policy. Here’s how we do it and why we do it:

A. Personally Identifiable Information: How we collect it.

Personally identifiable information is data that can be used to contact or identify a single person. Examples include your name, you phone number, your email, your health insurance information, and your IP address. We collect this kind of information only in the following ways:

  • Your email address through our website, including if you request our new parent kit
  • Various information you provide through our website as part of intake for appointments or other services, such as your name; the name, age, and relation to the patient; your phone number and email address; your and/or the patient’s health insurance information (including company, policy, and number)
  • Your name, phone number, and email address if you choose to schedule a call with us
  • Your IP address, upon visiting our website

B. Personally Identifiable Information: How we use it.

We use your personal information in the following ways:

  • To provide you our new parent kit PDF
  • To contact you via email about our services, new information, scheduling or treatments, billing issues, or otherwise
  • To determine eligibility and insurance analysis for our in-clinic services at Soar Autism Center
  • We may share your name and email address with an email processor to distribute our mailing list.
  • We may direct you to Calendly, or a similar call-scheduling website in our discretion, to schedule a call with us. When we do so, you may be prompted to share various information with that service to schedule the call and you should review the corresponding terms and policies for that service.
  • We may direct you to Office Ally, Kareo, or a similar payment processing site in our discretion, for you to pay bills for treatment or related services. This site is maintained by a third party and you should review the corresponding terms and policies for that service.
  • To provide you our services
  • To improve our website performance
  • Tailor our services to your needs and the way you use our services
  • We will share all collected information to the extent necessary and as required by law or to comply with any legal obligations, including defense of our company.

C. Your Choices in What Information You Share

If you do not register for our email updates, new parent kit PDF, or schedule a phone conference with us, we will not collect your personally identifying information, apart from your IP address.

If you schedule a phone call with us, we require your personally identifying information to determine your eligibility for our in-clinic service. Likewise, if you provide us your email, we use that email to provide you our new parent kit and for updates on our services. We will not use your data for more than the purpose for which it was collected.

D. Non-Personally Identifiable Information

Non-personally identifiable information includes general details about your device and connection (including the type of computer/mobile device, operating system, web-browser or other software, language preference, and hardware); general information from the app store or referring website; the date and time of visit or use; and, internet content provider information. We collect this data through cookies and Google Analytics, similar to many websites.

E. How Long We Keep Your Information

We will retain your personally identifiable information for as long as you use our services and for approximately 2 years after termination of our services, or until you request in writing that we delete or otherwise remove your personally identifiable information.

F. Where We Keep and Transfer Your Information

We are based in Colorado. Our servers are located in the United States and this is where your data and information will be stored. Due to the nature of internet communications, however, such data could pass through other countries as part of the transmission process.

Please be aware if you are a citizen of another country, and if you live in Europe in particular, that your information will be transferred out of your home country and into the United States. The United States might not have the same level of data protection as your country provides.

If you would like more information about this, please email us at info@soar-health.com.

V. Protecting Your Information

 

A. Keeping it Safe

We make reasonable and commercially feasible efforts to keep your information safe. We have appropriate security measures in place to prevent your information from being accidentally lost, used, or accessed in an unauthorized way. We restrict access to your personal information to internal personnel who need access, who are subject to contractual confidentiality obligations, and may be disciplined or terminated if they fail to meet these obligations; and to a list-serve distribution service, for the purposes of including you in our email updates if you so choose, who has its owns terms and policies for protecting your data. Those processing your information are tasked to do so in an authorized manner and are subject to a duty of confidentiality.

Additionally, we provide the following protections:

  • All data is stored in an encrypted database.
  • All client-server communications are encrypted via SSL.
  • All passwords are encrypted and are not stored as plain text.
  • We use OpenSSL to issue certificates, as managed by our servicer hosting provider.
  • We regularly review our processes to consider if there are any additional improvements we can make to our systems.

That said, no organization or business can guarantee 100% data protection. With that in mind, we also have procedures in place to deal with any suspected data security breach. We will inform both you and any applicable authorities of a suspected data security breach, as and when required by law.

B. Third-Party Providers

As articulated in this privacy policy, our services utilize third-party providers. These third parties have their own privacy policies and others terms of use. In particularly, what personal or other information is collected, and how it is used, will depend upon those policies.

We do not control those policies and terms. You should visit those providers to acquaint yourself with their policies and terms. If you have any issue or concern with those terms or policies, you should address those concerns with that third-party provider.

C. Posting Content

If you share content with another party, that information may become public through your actions or the actions of the other party. Additionally, if you post any information or content on social media (including our social media pages, which may be linked on our webpage), you are making that information public. You can always ask us to delete information in our possession, but we cannot force anyone else to erase your information. Please be aware that you publish such information at your own risk.

D. Do Not Track Signals/Cookies

Some technologies, such as web browsers or mobile devices, provide a setting that when turned on sends a Do Not Track (DNT) signal when browsing a website or app. There is currently no common standard for responding to DNT signals or even in the DNT signal itself. We endeavor to recognize and adhere to DNT requests. We utilize cookies to retain information to tailor content to our visitors and enhance user experience.

E. No Use by Minors

This website, its content, and our services are not intended for anyone under the age of 18. Any information collected concerning a minor is or is intended to be provided by an adult parent or guardian. We do not knowingly collect information from those under the age of 18. If we learn we have accidentally collected such information, it will be deleted.

If you are a parent and your minor child has provided us personal information, you have the right to contact us and require that we: (a) permit you to review the personal information provided, and (b) remove and delete the personal information provided. To do so, upon you contacting us, we must take reasonable steps to confirm you are the parent. You may contact us for such a request at any time at info@soar-health.com.

F. Compliance with Regulators

We regularly review our privacy policy to do our best to ensure it complies with any applicable laws. When we receive formal written complaints, we will contact the person who made the complaint to follow up as soon as practicable. We will work with relevant regulatory authorities to resolve any complaints or concerns that we cannot resolve with you directly.

VI. General Information

 

A. No Unsolicited Personal Information Requests

We will never ask you for your personal information in an unsolicited letter, call, or email. If you contact us, we will only use your personal information if necessary to fulfill your request.

B. Changes

The services we provide are evolving. We may change our privacy policy from time to time so be sure to review this periodically for any changes. Continued use of our services shall be deemed as acceptance of any changes. If we change our policy, we will affirmatively request that you consent to the new policy or email you for consent at that time. We will not reduce your rights under this policy without your consent.

C. Complaints

We respect the rights of all of our users. If you have any questions or concerns about any of these rights, or if you would like to assert any of these rights at any time, please contact info@soar-health.com.

D. Questions about Policy

If you have any questions about this privacy policy, contact us at: info@soar-health.com. By accessing any of our services or content, you are affirming that you understand and agree with the terms of our privacy policy.

Terms of Use Agreement

Date of last revision: February 9, 2021

This terms of use agreement (“Agreement”) is between Soar Health Inc dba Soar Autism Center, a Delaware Corporation (“we,” “us,” “our,” or “ourselves”) and the person or entity (“you” or “your”) that has decided to use our services; any of our websites or apps; or any features, products, graphics, text, images, photos, audio, video, location data, computer code, and all other forms of data and communications (collectively, “Services”).

By using the Services in any way, you agree to be bound by this Agreement. If you do not accept and agree to be bound by all of the terms of this Agreement, including the Privacy Policy, posted at https://www.coloradoautismcenter.com /privacy-privacy and incorporated by reference herein, do not use the Services.

The terms of this Agreement are subject to change at any time, so it is your responsibility to check periodically for any changes. Continued use of the Services shall constitute acceptance of any changes. If we change our policy, we will affirmatively request that you consent to the new policy or email you for consent at that time. We will not reduce your rights under this policy without your consent.

I. Description of the Services

 

Soar Health Inc. provides general information about autism, including the signs and symptoms of autism and related disorders, evidence-based treatments for people with autism and related disorders, and content for families who have children or loved ones with autism and related disorders. Additionally, we discuss our in-clinic offering at Soar Autism Center, including the types of treatments and diagnostic services offered there.

II. Your Use of the Services

 

A. Your Representations and Eligibility to Use Services

By registering and using the Services, you represent and warrant you: (i) have the authority and capacity to enter this Agreement; (ii) are at least 18 years old, or 13 years or older and have the express permission of your parent or guardian to use the Services; and, (iii) are not precluded or restricted in any way from using the Services, either by law or due to previous suspension from the Services.

B. Truthfulness of Information

You represent and warrant that all information you submit when using the Services is complete, accurate, and truthful. You are responsible for maintaining the completeness, accuracy, and truthfulness of such information.

C. Limited Use of Services

The Services are only for the uses specified in this Agreement. You agree that you will not use our proprietary information or materials in any way whatsoever except for use of the Services in compliance with this Agreement. We reserve the right to investigate and take legal action in response to illegal and/or unauthorized uses of the Services.

  1. 1. You agree that our Services contain proprietary information and material that we own and is protected by applicable intellectual property and other laws, including but not limited to trademark, copyright, patent, and trade secret laws.
  2. 2. Our ownership extends to all content, features, and functionality on the website, and in our communications, that is protected or protectable under the law.
  3. 3. You agree that you will not use our proprietary information or materials in any way whatsoever except for use of the Services in compliance with this Agreement.
  4. 4. In no way should your use of the Services be construed to diminish our intellectual property rights or be construed as a license or the ability to use the Services in any context other than as expressly permitted under this Agreement.

D. Permitted Activities

You may engage in the following activities:

  1. 1. Read and review our content on autism and in-clinic offerings.
  2. 2. Receive our new parent kit, which provides valuable information to families with a new diagnosis of autism, and receive updates on our Services and Soar Autism Center.
  3. 3. Schedule a phone conference via our website.
  4. 4. Provide us personal information, including insurance information, in relation to scheduling appointments or other services with us.
  5. 5. Pay bills pending from our services.

E. Prohibited Activities

You shall not engage in the following activities:

  1. 1. Reproduce any portion of the Services in any form or by any means, except as expressly permitted in this Agreement or otherwise in writing by our authorized agent;
  2. 2. Modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services in any manner, and you shall not exploit the Services in any unauthorized way;
  3. 3. Use the Services for any unlawful activities or in violation of any laws, regulations, or contractual provisions, or to induce others to do or engage in the same;
  4. 4. Use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
  5. 5. Access another’s account without permission of us or that person;
  6. 6. Publish or allow to be published malicious code intended to damage any mobile device, browser, computer, server, or network hardware;
  7. 7. Spam any comments section with offers of goods and services, or inappropriate messages;
  8. 8. Use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Services;
  9. 9. Decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services; and,
  10. 10. Solicit passwords or personal identifying information for commercial or unlawful purposes from others or disseminate another person’s personal information without that person’s permission.

III. Payments

 

A. Payments and Fees

We do not charge fees for our Services as “Services” are defined here. We bill for our in-clinic and related services, the pricing of which will be separately set forth with the individual requesting or receiving those in-clinic and related services.

B. Third-Party Payment Services

We plan to utilize third-party payment services (e.g. Kareo or Office Ally) to handle payment services related to our in-clinic service at Soar Autism Center. If you have any issue with charges, those issues need to be addressed between you and the third-party payment service. We are not responsible for the payments or any related disputes.

IV. Disclaimers, Waivers, and Indemnification

 

A. Appropriateness of Use/Content

Our content is made available for education and informational purposes only. This content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified health provider with any questions you may have regarding your child’s health, your own health, or any specific situation.  You agree here that you will not use or rely on our Services for the purpose of receiving professional medical advice. You agree not to hold us liable for, and waive any claim based upon, your misuse of the Services.

B. No Guarantees, Endorsements, or Investigation

We do not provide any guarantees or endorsements of any third-party or user, or its content or links, provided through the Services. We do not investigate or otherwise review any user or third-party or its content. You accept all risks associated with any third-party, and its content, links, or related information. You agree not to hold us liable for any conduct or content of third parties or other user.

C. Disclaimer of Warranties

All information and services are provided on an “as is” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not make any warranty that access to the Services will be uninterrupted, secure, complete, error free, or meet your particular requirements.

D. Waiver of Liability

You waive any liability of or claims against us for any injuries or damages (including compensatory, punitive, special, or consequential damages) you sustain as a result of or associated with using the Services. You waive any claim or liability stemming from our negligence.

Where our Services incorporate or utilize any information, software, or content of a third party, you waive any liability or claim against us based upon that information, software, or content—including based upon the negligence of that third party.

E. Scope of Waiver

You understand and agree the above waiver extends to any claim of any nature or kind, known or unknown, suspected or unsuspected, regardless of when the claim first existed.

F. California-Specific Waiver and Notices

You understand and agree the above waiver includes waiver of a claim of the type identified under California Civil Code, Section 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

The following notice is for California users: Pursuant to California Civil Code Section 1789.3: If you have a question or complaint about us, our products, or our Services please contact us at info@soar-health.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer affairs by telephone at (800) 952-5210 or by mail at the Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.

G. Indemnification

If we are subject to a complaint, a demand, mediation, arbitration, litigation, or other pursuit based upon your conduct relating to or from use of our Services, you agree to defend, indemnify, and hold us harmless for all costs, expenses, and fees (including attorneys’ fees by the attorneys of our choice) we expend in defending ourselves against or otherwise addressing such pursuit. Such conduct or use includes, but is not limited to, your violation of this Agreement; your use of the Services and any consequence that produces; your use of intellectual property on or through the Services; and, any such actions performed by your agent or representative, or at your direction. You agree to indemnify us as soon as we incur the costs, expenses, and fees, whether those are billed by event, or in week, month, or some other interval.

V. Limitation of Services and Termination

 

A. Right and Grounds to Terminate Access

To protect us and you, we reserve an unrestricted right to refuse, terminate, block, or cancel your access to the Services at any time, with or without cause. You acknowledge here that you have no right to use the Services should we terminate or suspend your access. Primary reasons warranting termination include (and primary reasons leading to suspension pending investigation of claims or evidence of the following):

  1. You violating any of the provisions of this Agreement;
  2. You hindering or interfering with us in providing our Services;
  3. You making misrepresentations, lying, or deceiving us; and,
  4. You using the Services in violation of: any international, federal, state, or local law; or applicable regulation, rule, or order by any regulatory, governing, or private authority, or a court of competent jurisdiction.

B. No Right to Services or Content

You neither possess nor retain any ownership of or rights to the Services or to its content.

C. Survival

After termination, we retain all rights to content as specified in this Agreement. Sections II—VI of this Agreement survive after termination.

VI. General Provisions

 

A. DMCA Violations

If you believe any of our content infringes on your copyright, you may request removal by contacting the following address: info@soar-health.com. We will respond to all requests promptly and to the best of our ability.

B. Successors and Assignees

We may assign this Agreement to an affiliate or in connection with a merger or sale of all or substantially all of our corresponding assets. You may not assign this Agreement.

You agree that any waiver or protections afforded to us are also provided to our affiliates, directors, officers, principals, employees, agents, and successors in their roles and relationship with us. You also acknowledge that all waivers and agreements bind not only you, but any successors, heirs, agents, and other representatives.

C. Arbitration

The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be binding arbitration administered by the American Arbitration Association. You may not under any circumstances commence or maintain against us any class action, class arbitration, or other representative action or proceeding. You understand and accept that, by agreeing to arbitration, you are foregoing your access to a trial by jury.

D. Limitation of Liability

To the maximum extent permitted by law, in no event shall we or our agents be liable to you or any other person or entity for any direct, punitive, incidental, special, consequential, or exemplary damages.

E. Governing Law and Venue

This Agreement will be governed by and construed in accordance with the laws of the State of Colorado. The venue for any disputes including mediation, arbitration, or litigation shall be Denver, Colorado. You agree to waive the following defenses to any action brought in Colorado: forum non conveniens and lack of personal jurisdiction.

F. Waiver

If one party waives any term or provision of this Agreement at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this Agreement, that party retains the right to enforce that term or provision at a later time.

G. Severability

If any provision of this Agreement is invalid or unenforceable, whether by the decision of an arbitrator or court, by passage of a new law, or otherwise, the remainder of this Agreement will remain in effort and be construed and enforced consistent with the purpose of this Agreement, to the fullest extent permitted by law. Furthermore, if a provision is deemed invalid or unenforceable, you agree that provision should be enforced to the fullest extent permitted under the law, consistent with its purpose.

H. Understanding of Agreement

You acknowledge that you understand the terms and conditions of this Agreement. You also acknowledge that you could discuss these provisions with a lawyer at your own expense prior to entering into this Agreement, and have either done so or chosen not to do so in entering this Agreement. Regardless of your choice, you intend to be fully bound by this Agreement.

I. Entire Agreement

This Agreement, together with the Privacy Policy, constitutes the entire agreement between us, and supersedes all prior agreements, representations, and understandings, oral or written, between us.

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