Privacy Policy

Magenta Care LLC and its affiliates, collectively referred to as "Magenta Care," operate the website and mobile app located at https://iv.magentacares.com, https://home.magentacares.com, https://magentacares.com (referred to as the "Platform"). Your use of the Platform, its content, products, and services, and any associated websites, software, or applications owned or operated by Magenta Care, collectively known as the "Service," is subject to this Privacy Policy, unless specified otherwise. Any terms not defined here can be found in the Magenta Care Terms of Service.

Our commitment is to protect your privacy while using our Service. This Privacy Policy explains how Magenta Care collects, uses, and shares information to provide you with the Service. By creating an account, registering, logging in, or accessing the Service, you automatically accept the most recent version of this Privacy Policy. We will notify you of any changes by posting an updated Privacy Policy and revising the "Last updated" date.

If you use the Service on behalf of another individual, you represent that you are authorized by that individual, and they acknowledge the practices and policies outlined in this Privacy Policy.

Please read this Privacy Notice carefully to understand our policies and practices regarding your information and how we will treat it. If you disagree with our policies and practices, you should not use our website. By accessing or using this Website, you agree to this Privacy Notice. Note that this Privacy Notice may change, so check periodically for updates.

1. Use Limitations for Minors

Our Service is intended for individuals aged eighteen (18) or the age required by applicable state laws. Users between the ages of thirteen (13) and eighteen (18) may use the Service with parental or legal guardian consent as outlined in our Terms of Service. The Service is not designed for children under thirteen (13). If we learn that we have collected personal information from a person under thirteen (13), we will take reasonable steps to stop using or storing such information. If you suspect such a case, please contact us at (206) 737-1219 or through our website.

It's essential to note that in certain circumstances, Magenta Care may be required to retain information, even if requested for removal, due to legal obligations, maintaining records for providers, or other relevant factors. This is not an admission of Magenta Care's subjectivity to specific privacy laws.

2. Protected Health Information

When you create an account with Magenta Care, you share information like your name, email address, and more, which we don't consider as "protected health information." However, certain parts of the Service may involve sharing health or medical data that may be protected under laws. Magenta Care is not a "covered entity" under HIPAA, but our partners (Labs, Pharmacies, or Medical Groups) may be, and we may be their "business associate."

It's crucial to understand that HIPAA regulations may not apply in all situations. Magenta Care, if deemed a "business associate," would adhere to HIPAA provisions regarding "protected health information" you provide. Any health information subject to state privacy laws will be managed accordingly. Information like your name, email, and address for account setup is not considered "Protected Information."

3. Information Collection

We collect various information when you use the Service, including:

• Personally identifiable information like your name, contact details, login, and password.
• Information provided when you fill in forms on our website (www.IV.magentacares.com).
• Records of your correspondence with us.
• Transaction details and financial information.
• Demographic data (e.g., gender, date of birth, zip code).
• Computer, mobile device, and browser information.
• Third-party website, network, platform, server, or application information.
• Usage activity and interactions with the Service and third-party platforms.
• Billing, payment, and shipping information.
• Electronic signature.
• Other information you provide during communication with us.

If you use the Service on a mobile device, additional information may include your name, telephone number, geolocation, and mobile device ID.

We also collect certain medical information on behalf of Medical Groups and Providers, such as health and medical data, visit dates, images or videos shared for diagnosis or treatment, and communications with Providers.

We may also receive information from partners and service providers to verify your identity or provide treatment, laboratory care, or prescription medication.

Magenta Care does not collect or create biometric information but may use identity verification partners who process some biometric data for verification purposes.

4. How Information Is Collected

Information is collected directly from you when you use the Service, register or subscribe, sign in, or provide information when prompted. We may also collect information from the Medical Group or Providers.

Third parties may provide us with additional information. Identity verification partners may share details like your name and location. Marketing partners may provide information even if you haven't visited our site.

We may use tracking technologies like cookies, Flash cookies, web beacons, scripts, and analytic tools to monitor your activities and improve the Service. You can manage these technologies in your browser settings.

By using the Service, you grant Magenta Care permission to monitor your activities and use tracking technologies. However, third parties or third-party cookies cannot access your communications with Providers or medical information you submit for diagnosis and treatment.

5. Use of Information

We and our affiliates and service providers use your information, subject to the limits specified in the Protected Health Information Section, for various purposes, including:

• Verifying your identity and location.
• Administering your account and processing payments.
• Providing customer support.
• Improving the Service and user experiences.
• Analyzing traffic and user behavior.
• Protecting rights, properties, and enforcing the law.

We may also de-identify information and use it for business purposes.

6. Information Disclosure

Within the boundaries defined in the Protected Health Information section above, we have the authority to share your information with third parties in association with delivering our services or as permitted or mandated by the law. This includes instances such as:

• Sharing with our subsidiaries and affiliates.
• Disclosing to our third-party service providers (referred to as "vendors") who assist in facilitating our service, encompassing service hosting, data analysis, IT infrastructure, customer support, email delivery, and similar functions.
• Sharing with vendors who help operate our business and administrative activities, such as legal and financial advisory services, auditing, analytics, and related services.
• Disclosing information to vendors who aid in promoting and advertising our services and associated products, like ad platforms, ad retargeting services, and compliance with requests for contact removal, such as mailing list removal services and do-not-call registries.
• Sharing with contractors, service providers, and third parties who support our business, including those providing IT and infrastructure support, payment processing, and marketing software. The privacy policies of our payment processors can be found at http://stripe.com/us/privacy.
• Sharing with Labs, Pharmacies, Medical Groups, or their Providers to facilitate the provision of services via the platform and for payment collection.
• Disclosure to vendors as deemed necessary to comply with applicable laws.
• Sharing with potential or actual buyers or successors in cases of planned or actual mergers, divestitures, restructurings, dissolutions, or asset sales, including bankruptcy, liquidation, or similar proceedings, where Personal Data held by Magenta Care about our Website’s users is among the assets transferred.
• Utilizing information for the purpose you provided it.
• Using information for any other purpose disclosed at the time of collection.
• With your explicit consent.
• To meet legal obligations, court orders, or respond to government or regulatory requests.
• Enforcing our Terms of Service and other agreements, including billing and collection efforts.
• When we believe it's necessary to protect the rights, property, or safety of Magenta Care, our customers, or others, which includes sharing information with companies and organizations for fraud prevention and risk reduction purposes.
• We may de-identify your information and share such de-identified data for lawful purposes.

7. Data Retention

Magenta Care may retain your information for as long as deemed necessary, which may include fulfilling legal obligations, resolving disputes, enforcing agreements, and delivering services. Magenta Care can dispose of or delete this data at any time, except as stipulated in other agreements or documents executed by Magenta Care or as required by law. The same retention principles apply to Medical Groups and Providers.

8. Data Security

While information transmitted over the Internet isn't entirely secure, we take measures to protect your Personal Data. You can contribute to this protection by maintaining the confidentiality of your website password. We've implemented security measures to safeguard your data from accidental loss and unauthorized access, use, alteration, and disclosure. However, the security of information transmitted online is not guaranteed, and we're not liable for the circumvention of privacy settings or security measures on our website (www.IV.magentacares.com).

9. Transactions

For transactions conducted through the Service, like purchasing or selling products or services, you may be required to provide transaction-relevant information, including credit card details, billing and shipping addresses, phone number, and email. By submitting this information, you grant Magenta Care the right to share it with third parties (e.g., payment processors, buyers, or sellers on the Service) to facilitate the transaction.

All financial transactions on the Service are processed through an online payment system provided by Stripe, a third-party vendor. Additional details about Stripe's privacy policy and security measures are available on their website at https://stripe.com/us/privacy.

10. Jurisdictional Issues

Certain jurisdictions may afford additional rights concerning the use of Personal Data. Please refer to the attached privacy addendum for your state or the GDPR Website Privacy Addendum if you're in the European Economic Area, or the California Privacy Addendum if you're a California resident for more information on your rights.

11. Third Parties

This Privacy Policy does not apply to third parties, including Medical Groups, Providers, mobile device manufacturers, or third-party mobile applications or websites linked through our Service. We do not control their privacy practices. We advise reviewing the Medical Group's Notice of Privacy Practices and the privacy policies of websites and applications you use.

12. Your Rights and Accessing Your Information

You may possess certain rights under applicable data protection laws, including the ability to access and update your Personal Data, limit its use, and request erasure. You also have the right to file a complaint with a supervisory authority if you believe your data protection rights have been violated.

• Access and Update: You can review and amend your Personal Data through your "Account" page on the Website. You may also inform us of any changes or errors in your Personal Data through the Contact Information below or our Website's Contact Us form.
• Right to Restrict Processing: Under certain circumstances, you can request to restrict the use of your Personal Data, such as when its accuracy is contested, its processing is unlawful, or it's no longer needed but retained as allowed by law.
• Right to be Forgotten: You can request the deletion of all your Personal Data. Note that we can only delete your data by deleting your user account. However, we may not comply if it violates the law or causes inaccuracies. In some cases, data may persist in backups as per our disaster recovery policies.
• Right to Lodge a Complaint: You can file a complaint with your applicable supervisory authority, but we urge you to contact us first to resolve privacy concerns.
• Exercising Your Rights: Contact us through the methods listed under Contact Information below or our Website's Contact Us form to exercise these rights. We may request additional information for identity verification. We reserve the right to limit or deny requests if they lack sufficient information or violate legal or business requirements. Repeated or excessive requests may be subject to a fee within the bounds of the law.

13. Tracking Signals and Behavioral Data Collection

We utilize automated data collection technologies to monitor your online activities across various websites. Currently, we do not adhere to "do-not-track" signals sent by certain web browsers. Additionally, we employ automated data collection technologies to gather information regarding your online behavior across third-party websites and online services, also known as behavioral tracking. Some web browsers allow you to transmit a signal to websites and online services indicating your preference not to be tracked. However, at this time, we do not respect such signals, and our data collection and usage practices remain unchanged, regardless of whether such a signal is sent or received by us.

14. Modifications to Our Privacy Policy

We reserve the right to make changes to this Privacy Notice at any time. Our practice is to post any alterations we make to this Privacy Notice on this page. If substantial changes are made in how we handle your Personal Data, we will inform you through a notice displayed on the homepage of our website. The last revision date of this Privacy Notice is indicated at the top of this page. It is your responsibility to ensure that we have an up-to-date and valid email address for you, and to periodically visit our website and review this Privacy Notice for any updates.

15. Contact Details

You can reach our Data Protection Officer using the Contact Information provided below. Should you need to get in touch with us, you may do so through the contact details listed below or by using the "Contact Us" form on our website (www.IV.magentacares.com).

If you have any inquiries, concerns, complaints, or suggestions regarding our Privacy Notice, if you require information related to your Personal Data in accordance with applicable laws, or if you need to contact us for any other reason, you may reach out to us through the Contact Information below or by utilizing the "Contact Us" page on our website (www.IV.magentacares.com).

Privacy Notice Addition for California Residents (CCPA)

Effective Date: October 18, 2023

Last Reviewed on: October 18, 2023

This Privacy Notice Addition for California Residents, also known as the "California Privacy Addendum," supplements the information found in the Magenta Care Privacy Notice and outlines how we collect and use Personal Information. This California Privacy Addendum is specifically intended for individuals residing in the State of California, referred to as "consumers" or "you." We have adopted this notice to comply with the California Consumer Privacy Act of 2018 ("CCPA"), and any terms defined in the CCPA retain the same meaning when used in this notice.

Please note that this California Privacy Addendum does not pertain to personal information related to employment, collected from our California-based employees, job applicants, contractors, or similar individuals. If you are a California employee and require additional information on how we handle your Personal Information, please contact your local human resources department.

Additionally, this California Privacy Addendum may not apply to personal information connected to written or verbal business-to-business communication ("B2B Personal Information"), unless otherwise specified. This exemption is set to expire on January 1, 2023.

Information We Collect

We collect information that can be directly or indirectly associated with a specific consumer or device, which is referred to as "personal information." Over the past twelve (12) months, we have collected the following categories of personal information from our consumers:

Category Applicable Pieces of Personal Information Collected A. Identifiers. Real name, postal address, online identifier, Internet Protocol address, email address, account name, or similar identifiers. B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). Name, signature, address, telephone number, financial information, medical information, or health insurance information. Some personal information in this category may overlap with other categories. C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, or medical condition. D. Commercial information. Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. E. Internet or other similar network activity. Information on a consumer’s interaction with a website, application, or advertisement. F. Geolocation data. Physical location or movements.

Please note that personal information does not include publicly available information from government records, deidentified or aggregated consumer information, or information excluded from the scope of the CCPA, such as health or medical information covered by HIPAA and CMIA, or information protected by sector-specific privacy laws like FCRA, GLBA, FIPA, and the Driver’s Privacy Protection Act of 1994.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business or commercial purposes:

1. To fulfill the purpose for which you provided the information, such as responding to inquiries, processing payments, or facilitating product orders.

2. To support and enhance our website, products, and services.

3. To manage and secure your account.

4. To process requests, transactions, and payments, as well as to prevent fraud.

5. To provide support, address concerns, and improve our responses.

6. To personalize your website experience and deliver content and offers tailored to your interests.

7. To debug and rectify errors affecting intended functionality.

8. To conduct surveys, promotions, and respond to law enforcement requests, court orders, and regulations, as required by law.

9. In the context of a merger, reorganization, dissolution, or asset transfer involving Magenta Care, your personal information may be among the assets transferred.

Magenta Care will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing notice.

Sources of Personal Information

Magenta Care obtains the categories of personal information mentioned above from the following sources:

1. Directly from you, such as through completed forms or product and service purchases.

2. Indirectly from your actions on our website (www.IV.magentacares.com).

Sharing Personal Information

Magenta Care may disclose your personal information to third parties for business purposes. In such cases, we enter into contracts that mandate confidentiality and restrict the use of personal information for purposes beyond those defined in the contract.

Disclosures of Personal Information for a Business Purpose

In the past twelve (12) months, Magenta Care has disclosed the following categories of personal information for business purposes to the categories of third parties listed below:

Identifiers: Categories of Third Parties: Service Providers, Business partners, Affiliates and subsidiary organizations of Magenta Care, and Internet cookie information recipients, such as analytics and behavioral advertising services.

California Customer Records personal information categories: Categories of Third Parties: Service Providers, Business partners, Affiliates and subsidiary organizations of Magenta Care, and Internet cookie information recipients, such as analytics and behavioral advertising services.

Protected classification characteristics under California or federal law: Categories of Third Parties: Service Providers, Business partners, Affiliates and subsidiary organizations of Magenta Care, and Internet cookie information recipients, such as analytics and behavioral advertising services.

Commercial information: Categories of Third Parties: Service Providers, Business partners, Affiliates and subsidiary organizations of Magenta Care, and Internet cookie information recipients, such as analytics and behavioral advertising services.

Internet or other similar network activity: Categories of Third Parties: Service Providers, Business partners, Affiliates and subsidiary organizations of Magenta Care, and Internet cookie information recipients, such as analytics and behavioral advertising services.

Sales of Personal Information

As stated in our general Privacy Policy, we do not engage in the sale of your personal data, as commonly understood to involve a transaction for monetary gain. However, it's important to note that the California State Attorney General may issue guidance regarding whether the use of advertising and analytics cookies on our website might be considered a "sale" of Personal Information. The California Consumer Privacy Act (CCPA) broadly defines "sale" to include not only monetary transactions but also other valuable considerations. Until such guidance is provided, we opt for transparency and consider this activity a "sale." We commit to adhering to restrictions related to the "sale" of this information to the extent technologically feasible. This "sale" is limited to the use of third-party advertising and analytics cookies for behavioral advertising and understanding user interactions on our website (www.IV.magentacares.com).

In the past twelve months, Magenta Care has not engaged in the "sale" of your Personal Information for monetary gain or other valuable considerations.

Your Rights and Choices

The CCPA grants consumers (California residents) specific rights regarding their personal data. This section outlines your CCPA rights and provides instructions on how to exercise them. You can either exercise these rights yourself or designate an authorized agent to act on your behalf.

Access to Specific Information and Data Portability Rights

You have the right to request that Magenta Care disclose certain information about our collection and use of your personal data over the past 12 months (a "Right to Know" request). You also have the right to request a copy of the specific pieces of personal data we have collected or generated about you. If you make this request for specific pieces of personal data electronically, we will provide it in a portable and, to the extent technically feasible, readily reusable format for transmission to another third party. You must clearly specify whether you are making a Right to Know request or a request for specific pieces of personal data. If you want both sets of information, please make both requests explicit in your communication. If your request doesn't clearly indicate your preference, we will process it as a Right to Know request.

Upon receiving and verifying your request (refer to "Exercising Access, Data Portability, and Deletion Rights"), we will disclose:

For Right to Know requests:

• The categories of personal data we collected about you.
• The categories of sources from which we collected your personal data.
• The business or commercial purpose for collecting or selling that personal data.
• The categories of third parties with whom we shared that personal data.
• If we sold or disclosed your personal data for a business purpose, two separate lists disclosing:
• Sales, identifying the categories of personal data purchased by each category of recipient.
• Disclosures for a business purpose, identifying the categories of personal data obtained by each category of recipient.

For requests for specific pieces of personal data:

• The specific pieces of personal data we collected about you (also known as a data portability request). We will not disclose your health insurance or medical identification number, account password, security question answers, or any information that could pose substantial risks to your personal data, your Magenta Care account, or our system security.

Note that these access and data portability rights do not apply to B2B personal data.

Deletion Request Rights

You have the right to request the deletion of your personal data that we have collected and retained, subject to certain exceptions. After receiving and confirming your verifiable consumer request (see "Exercising Access, Data Portability, and Deletion Rights"), we will delete your personal data from our records, including instructing our service providers to do the same, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for:

• Completing a transaction for which we collected the personal data.
• Providing a requested product or service.
• Actions that are reasonably anticipated within the context of our ongoing business relationship with you.
• Detecting security incidents, preventing malicious, deceptive, fraudulent, or illegal activities, or prosecuting those responsible for such activities.
• Debugging products to identify and rectify errors that affect their intended functionality.
• Exercising free speech, ensuring another consumer's free speech rights, or exercising another right provided by law.
• Compliance with the California Electronic Communications Privacy Act.
• Conducting public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to ethical and privacy laws, where deleting the data would render the research impossible or significantly hinder its achievement, provided you previously provided informed consent.
• Enabling internal uses that align with consumer expectations based on your relationship with us.
• Compliance with a legal obligation.
• Making other internal and lawful uses of that information compatible with the context in which you provided it.

Please note that these deletion rights do not apply to B2B personal data.

Exercising Access, Data Portability, and Deletion Rights

To exercise the right to know, data portability, and deletion rights, please submit a verifiable consumer request using one of the following methods:

• Call us at (206)737-1219.
• Use our Contact Form.
• Visit www.IV.magentacares.com

If you (or your authorized agent) submit a request to delete your information online, we will use a two-step process to confirm your intent. This process may include verifying your request through your email address on record, calling you at your registered phone number (which may involve an automated dialer), sending you a text message and requesting a confirmation, or sending a confirmation via US mail.

If you don't follow the submission methods described above, we may either treat your request as if you used our specified methods or provide you with information on how to submit the request correctly or rectify any deficiencies in your request.

Only you or an authorized agent acting on your behalf can make a verifiable consumer request regarding your personal data. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, refer to the "Authorized Agents" section below. We may ask for additional information to confirm the requestor's identity when processing a verifiable consumer request.

You can make a verifiable consumer request for access or data portability only twice within a 12-month period. The verifiable consumer request must:

• Provide enough information for us to reasonably verify that you are the person associated with the personal data or an authorized representative. This may involve verifying your request through your email address on record, calling you at your registered phone number (which may involve an automated dialer), sending you a text message and requesting a confirmation, or sending a confirmation via US mail.
• Describe your request in enough detail for us to properly understand, evaluate, and respond to it.

If we cannot verify your identity or your authority to make the request, or if we cannot confirm that the personal data pertains to you, we cannot fulfill your request or provide personal data.

Creating an account is not required to make a verifiable consumer request, but requests made through a password-protected account will be deemed sufficiently verified if they relate to personal data associated with that account.

Personal data provided in a verifiable consumer request will be used exclusively to verify the requestor's identity or authority to make the request.

For instructions on exercising your rights to opt out of personal data sales, see "Personal Information Sales Opt-Out and Opt-In Rights."

Authorized Agents

You can authorize an agent to exercise your CCPA rights on your behalf by registering your agent with the California Secretary of State or by granting your agent a power of attorney to act on