Privacy Policy

Please read the following carefully to understand Our views and practices regarding your (“Your”) Personal Data.

WE AT ANIMO AI, INC. (“We”, “Us”, “the Company”) VALUE YOUR PRIVACY AND ARE COMMITTED TO KEEPING YOUR PERSONAL DATA CONFIDENTIAL. WE USE YOUR DATA SOLELY IN THE CONTEXT OF PROVIDING THE ANIMO AI APPLICATION AND WEB PORTAL (THE “PLATFORM”) AND ALL OF ITS CONTENT AND FUNCTIONALITY (COLLECTIVELY, THE “SERVICES”) FOR USE BY QUALIFIED PHYSICIANS (“PROVIDER USERS”) TO PATIENTS (“PATIENT USERS”). YOU ARE EITHER A PROVIDER USER OR A PATIENT USER.

THIS PRIVACY POLICY APPLIES TO PERSONAL DATA THE COMPANY COLLECTS FROM USERS OF THE ANIMO AI PLATFORM AND THE SERVICES. “PERSONAL DATA” INCLUDES ANY INFORMATION THAT CAN BE USED ON ITS OWN OR WITH OTHER INFORMATION IN COMBINATION TO IDENTIFY OR CONTACT ONE OF OUR USERS. WE BELIEVE THAT TRANSPARENCY ABOUT THE USE OF YOUR PERSONAL DATA IS OF UTMOST IMPORTANCE. IN THIS PRIVACY POLICY, WE PROVIDE YOU DETAILED INFORMATION ABOUT OUR COLLECTION, USE, MAINTENANCE, AND DISCLOSURE OF YOUR PERSONAL DATA. THE POLICY EXPLAINS WHAT KIND OF INFORMATION WE COLLECT, WHEN AND HOW WE MIGHT USE YOUR PERSONAL DATA, HOW WE PROTECT PERSONAL DATA, AND YOUR RIGHTS REGARDING YOUR PERSONAL DATA.

Patient Users: SOME OF THE PERSONAL DATA WE COLLECT AND TRANSMIT MAY BE CONSIDERED “HEALTH DATA” (data related to Your physical or mental health), “PROTECTED HEALTH INFORMATION” or “PHI” (information that relates to Your past, present, or future physical or mental health or condition(s); the provision of health care to You; or the past, present, or future payment for the provision of health care to You), and/or MEDICAL RECORDS as defined by state law. THEREFORE, OUR PRIVACY PRACTICES ARE INTENDED TO COMPLY WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (“HIPAA”) AND APPLICABLE NEW YORK STATE LAWS GOVERNING THE USE AND DISCLOSURE OF MEDICAL RECORDS AND HEALTH INFORMATION. FOR ADDITIONAL INFORMATION RELATED TO HOW WE USE AND DISCLOSE YOUR HEALTH DATA, PHI, AND/OR MEDICAL RECORDS DATA, PLEASE CONTACT INFO@ANIMOHEALTH.AI.

Patient Users: BY SUBMITTING YOUR PERSONAL DATA THROUGH THE PLATFORM, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND AGREE TO THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE, PLEASE DO NOT SUBMIT ANY PERSONAL DATA TO US AND IMMEDIATELY CEASE USE OF THE SERVICES.

PLEASE NOTE THAT WE OCCASIONALLY UPDATE THIS PRIVACY POLICY AND THAT IT IS YOUR RESPONSIBILITY TO STAY UP TO DATE WITH ANY AMENDED VERSIONS. IF WE MODIFY THIS PRIVACY POLICY, WE WILL POST A LINK TO THE MODIFIED TERMS ON OUR WEBSITE AND/OR NOTIFY YOU VIA THE EMAIL ADDRESS YOU HAVE PROVIDED TO US. YOU CAN STORE THIS POLICY AND/OR ANY AMENDED VERSION(S) DIGITALLY, PRINT IT, OR SAVE IT IN ANY OTHER WAY. ANY CHANGES TO THIS PRIVACY POLICY WILL BE EFFECTIVE IMMEDIATELY UPON PROVIDING NOTICE, AND SHALL APPLY TO ALL PERSONAL DATA WE MAINTAIN, USE, AND DISCLOSE. IF YOU CONTINUE TO USE THE SERVICES FOLLOWING SUCH NOTICE, YOU ARE AGREEING TO THOSE CHANGES.

If You have any questions or concerns after reading this Privacy Policy, please do not hesitate to contact Us at info@animohealth.ai. We appreciate Your feedback.

If at any point You no longer agree to the use and disclosure of Personal Data, as described in this Privacy Policy, You can delete Your account by requesting deletion by emailing info@animohealth.ai with the subject line “REQUEST FOR PERSONAL DATA DELETION” and requesting account deletion.

Responsible Entity

For Personal Data that is not Protected Health Information, the Company is the controller of Your Personal Data and may process this data in accordance with this Privacy Policy. If We are processing Personal Data on behalf of a third party that is not an agent or affiliate of Company, the terms of this Privacy Policy do not apply—instead, the terms of that third party’s privacy policy will apply. You can contact Us with any questions about Our Privacy Policy at info@animohealth.ai.

Our role with respect to PHI. When You receive care through the Platform, Your healthcare provider (a Provider User) is the “Covered Entity” responsible for Your care, and Animo AI acts as that provider’s “Business Associate,” as those terms are defined under HIPAA. In that role, Our collection, use, and disclosure of Your Protected Health Information (“PHI”) is governed by, and limited to what is permitted or required under, Our Business Associate Agreement (“BAA”) with the applicable Provider and the requirements of HIPAA. To the extent any provision of this Privacy Policy conflicts with the BAA or HIPAA with respect to PHI, the BAA and HIPAA control.

Links to Other Sites

Our Platform may contain links to websites and services that are owned or operated by third parties (each, a “Third-party Service”). Any information that You provide on or to a Third-party Service or that is collected by a Third-party Service is provided directly to the owner or operator of the Third-party Service and is subject to the owner’s or operator’s privacy policy. We are not responsible for the content, privacy or security practices and policies of any Third-party Service. To protect Your information, We recommend that You carefully review the privacy policies of all Third-party Services that You access.

What Personal Data do We collect?

The types of Personal Data We collect are described below.

Demographic Data

We may collect demographic information, such as Your name, birth year, gender, height, weight, phone number, and email address, and if you are a Provider User, Your National Provider Identifier (“NPI”). Primarily, the collection of Your Personal Data assists Us in creating Your User Account, which You can use to securely receive the Services.

Payment Data

If You make payments via Our Platform, We may require that You provide to Us Your financial and billing information, such as billing name and address, credit card number or bank account information.

Support Data

If You contact Us for support or to lodge a complaint, We may collect technical or other information from You through log files and other technologies, some of which may qualify as Personal Data (e.g., “IP address”). Such information will be used for the purposes of troubleshooting, customer support, software updates, and improvement of the Platform and related Services in accordance with this Privacy Policy. Calls with Animo AI may be recorded or monitored for training, quality assurance, customer service, and reference purposes.

Device, Telephone, and ISP Data

We use common information-gathering tools, such as log files, cookies, Web beacons, and similar technologies to automatically collect information, which may contain Personal Data, from Your computer or mobile device as You navigate Our Platform and interact with emails We have sent You. The information We collect may include Your IP address (or proxy server), device and application identification numbers, location, browser type, Internet service provider and/or mobile carrier, the pages and files You viewed, Your searches, Your operating system and system configuration information, and date/time stamps associated with Your usage. This information is used to analyze overall trends, to help Us provide and improve Our Services and to guarantee their security and continued proper functioning.

For Patient Users: Health and Device Data

In addition to demographic information, We may collect information regarding Your health conditions, including medical history, symptoms, physiologic data recorded by Our Devices, and communications between You and the healthcare provider providing healthcare services to You via the Platform. We collect this information to provide You with the Services and to provide Your healthcare provider providing healthcare services through the Platform with the information required to provide medical treatment.

How will We use Your Personal Data?

We process Your Personal Data based on legitimate business interests, the fulfillment of Our Services to You, compliance with Our legal obligations, and/or Your consent. We only use or disclose Your Personal Data when it is legally mandated or where it is necessary to fulfill those purposes described herein. Where required by law, We will ask for Your prior consent before doing so.

PHI is treated differently. With respect to Protected Health Information, We use and disclose such information only as permitted or required by Our Business Associate Agreement with Your Provider and by HIPAA. The purposes listed below apply to PHI only to the extent they are consistent with those obligations; where they are not, the BAA and HIPAA govern.

Specifically, We process Your Personal Data for the following legitimate business purposes:

•       To fulfill Our obligations to You under the Terms of Service (www.animohealth.ai/terms-of-service);

•       To communicate with You about and manage Your User Account;

•       To properly store and track Your data within Our system;

•       To respond to lawful requests from public and government authorities, and to comply with applicable state/federal law, including cooperation with judicial proceedings or court orders;

•       To protect Our rights, privacy, safety, or property, and/or that of You or others by providing proper notices, pursuing available legal remedies, and acting to limit Our damages;

•       To handle technical support and other requests from You;

•       To enforce and ensure Your compliance with Our Terms of Service or the terms of any other applicable services agreement We have with You;

•       To manage and improve Our operations and the Platform, including the development of additional functionality;

•       To manage payment processing;

•       To evaluate the quality of service You receive, identify usage trends, and thereby improve Your user experience;

•       To keep Our Platform safe and secure for You and for Us;

•       To send You information about changes to Our terms, conditions, and policies;

•       To allow Us to pursue available remedies or limit the damages that We may sustain; and

•       If you are a Patient User, to enable You to connect with (or share Personal Data with) the authorized Provider User to enable that individual to monitor Your progress and overall condition, as she/he deems appropriate.

Artificial Intelligence and Model Development

Animo AI uses artificial intelligence and machine-learning technologies to provide and improve the Services, including to power Our automated and voice-based care-coordination tools. We may use Personal Data and PHI that We process through the Platform to develop, train, test, evaluate, and improve these AI models and the Services, in each case only as permitted by Our Business Associate Agreement with the applicable Provider and by HIPAA and other applicable law. We do not sell Your Personal Data or PHI, and We do not use it to serve third-party advertising. If You have questions about how Your information is used in connection with Our AI, You may contact Us at info@animohealth.ai or speak with Your Provider.

Where is Your Personal Data processed?

Personal Data We collect through the Platform and Devices will be stored on secure servers. Personal Data may be transmitted to third parties, which parties may store or maintain the data on their secure servers.

Will We share Your Personal Data with anyone else?

For Patient Users: Yes, with the Provider User with whom You connect via the Services.

We will share information you provide to Us via the Services with the Provider User with whom You connect via the Services. If, at any point, You want to deny access to one or more Provider Users, you can do so by emailing info@animohealth.ai.

Yes, with third parties that help Us power Our Services.

We have a limited number of service providers and other third parties (“Business Partners”) that help Us run various aspects of Our business. These Business Partners are contractually bound to protect Your Personal Data and to use it only for the limited purpose(s) for which it is shared with Us. Business Partners’ use of Personal Data may include, but is not limited to, the provision of services such as data hosting, IT services, customer service, artificial-intelligence and voice-processing services, transcription, telephony, and payment processing. Any Business Partner that creates, receives, maintains, or transmits PHI on Our behalf does so under a written, HIPAA-compliant Business Associate Agreement that requires it to safeguard PHI and to use it only for the purposes We permit.

Yes, with third parties and the government when legal or enforcement issues arise.

We may share Your Personal Data, if reasonable and necessary, to (i) comply with legal processes or enforceable governmental requests, or as otherwise required by law; (ii) cooperate with third parties in investigating acts or omissions that violate this Privacy Policy or the Terms of Service; or (iii) bring legal action against someone who may be violating the Terms of Service or who may be causing intentional or unintentional injury or interference to the rights or property of Animo AI or any third party, including other users of Our Services.

Yes, with third parties that provide advisory services.

We may share Your Personal Data with third parties that provide advisory services, including but not limited to, Our lawyers, auditors, accountants, or banks, when We have a legitimate business interest in doing so.

Yes, in the event of a corporate transaction.

We may share Your Personal Data with third parties in the event of a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of Animo AI’s corporate entity, assets, or stock (including in connection with any bankruptcy or similar proceedings).

If We share Your Personal Data with a third party other than as provided above, You will be notified at the time of data collection or transfer, and You will have the option of not permitting the transfer.

How long do We retain Personal Data?

We will retain Your Personal Data for as long as You maintain a User Account and up to six years after the account is closed. The exact period of retention will depend on the type of Personal Data, Our contractual obligation to You, and applicable law. We keep Your Personal Data for as long as necessary to fulfill the purpose for which it was collected, unless otherwise required or necessary pursuant to a legitimate business purpose outlined in this Privacy Policy. At the end of the applicable retention period, We will remove Your Personal Data from Our databases and will request that Our Business Partners remove Your Personal Data from their databases. If there is any data that We are unable, for technical reasons, to delete entirely from Our systems, We will put in place appropriate measures to prevent any further processing of such data. We retain anonymized data indefinitely.

NOTE: Once We disclose Your Personal Data to third parties, We may not be able to access that Personal Data any longer and cannot force the deletion or modification of any such information by the parties to whom We have made those disclosures. Written requests for deletion of Personal Data other than as described should be directed to info@animohealth.ai.

How do We protect Your Personal Data?

Animo AI is committed to protecting the security and confidentiality of Your Personal Data. We use a combination of reasonable physical, technical, and administrative security controls to maintain the security and integrity of Your Personal Data, to protect against any anticipated threats or hazards to the security or integrity of such information, and to protect against unauthorized access to or use of such information in Our possession or control that could result in substantial harm or inconvenience to You. However, Internet data transmissions, whether wired or wireless, cannot be guaranteed to be 100% secure. As a result, We cannot ensure the security of information You transmit to Us. By using the Platform, You are assuming this risk.

Safeguards

The information collected by Animo AI and stored on secure servers is protected by a combination of technical, administrative, and physical security safeguards, such as authentication, encryption, backups, and access controls. If Animo AI learns of a security concern, We may attempt to notify You and provide information on protective steps, if available, through the email address that You have provided to Us. Depending on where You live, You may have a legal right to receive such notices in writing.

You are solely responsible for protecting information entered or generated via the Platform that is stored on Your device and/or removable device storage. Animo AI has no access to or control over Your device’s security settings, and it is up to You to implement any device-level security features and protections You feel are appropriate (e.g., password protection, encryption, remote wipe capability, etc.). We recommend that You take any and all appropriate steps to secure any device that You use to access Our Platform.

NOTWITHSTANDING ANY OF THE STEPS TAKEN BY US, IT IS NOT POSSIBLE TO GUARANTEE THE SECURITY OR INTEGRITY OF DATA TRANSMITTED OVER THE INTERNET. THERE IS NO GUARANTEE THAT YOUR PERSONAL DATA WILL NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED DESPITE THE IMPLEMENTATION OF OUR PHYSICAL, TECHNICAL, OR ADMINISTRATIVE SAFEGUARDS. THEREFORE, WE DO NOT AND CANNOT ENSURE OR WARRANT THE SECURITY OR INTEGRITY OF ANY PERSONAL DATA YOU TRANSMIT TO US AND YOU TRANSMIT SUCH PERSONAL DATA AT YOUR OWN RISK.

In instances where You have authorized the Company to use and disclose Your Personal Data for certain purposes, You may withdraw Your consent in the future. You may withdraw Your consent by sending Your request in writing to: info@animohealth.ai or ANIMO AI, INC., Attn: Website Support, 1 Dock 72 Way, Office #07-114, Brooklyn, NY 11249. Please note that Your withdrawal will not be effective until We receive Your request and will not apply to uses and disclosures that We have already made in reliance on Your consent.

Breach Notification

If We discover a breach of unsecured PHI, We will notify the applicable Provider (as the Covered Entity) without unreasonable delay and no later than the timeframe required by the HIPAA Breach Notification Rule, so that any required notifications to affected individuals and regulators can be made. For Personal Data that is not PHI, We will provide notice of a security breach to affected individuals and applicable authorities as and when required by the New York SHIELD Act and other applicable law. We will cooperate with Your Provider to investigate, mitigate, and remediate any such incident.

How can You Protect Your Personal Data?

In addition to securing Your device, as discussed above, We will NEVER send You an email requesting confidential information such as account numbers, usernames, passwords, or social security numbers, and You should NEVER respond to any email requesting such information. If You receive such an email that looks like it is from Us, DO NOT RESPOND to the email and DO NOT click on any links and/or open any attachments in the email, and notify Animo AI support at info@animohealth.ai.

You are responsible for taking reasonable precautions to protect Your user ID, password, and other User Account information from disclosure to third parties, and You are not permitted to circumvent the use of required encryption technologies. You should immediately notify Us at info@animohealth.ai if You know of or suspect any unauthorized use or disclosure of Your user ID, password, and/or other User Account information, or any other security concern.

Your rights

You have certain rights relating to Your Personal Data, subject to applicable data protection laws. These rights may include:

•       to access Your Personal Data held by Us;

•       to erasure/deletion of Your Personal Data, to the extent permitted by applicable data protection laws;

•       to receive communications related to the processing of Your Personal Data that are concise, transparent, intelligible, and easily accessible;

•       to restrict the processing of Your Personal Data, to the extent permitted by law (while We verify or investigate Your concerns with this information, for example);

•       to object to the further processing of Your Personal Data, including the right to object to marketing;

•       to request that Your Personal Data be transferred to a third party, if possible;

•       to receive Your Personal Data in a structured, commonly used, and machine-readable format;

•       to lodge a complaint with a supervisory authority;

•       to rectify inaccurate Personal Data and, taking into account the purpose of processing the Personal Data, ensure it is complete; and

•       to not be subject to a decision based solely on automated processing, including profiling, which produces legal effects (“Automated Decision-Making”).

Where the processing of Your Personal Data by Us is based on consent, You have the right to withdraw that consent without detriment at any time or to exercise any of the rights listed above by emailing Us at info@animohealth.ai.

How can You update, correct, or delete Personal Data?

You can change Your email address and other contact information by contacting us at info@animohealth.ai. If You need to make changes or corrections to other information, You may contact us at info@animohealth.ai. Please note that in order to comply with certain requests to limit use of Your Personal Data, We may need to terminate Your account and Your ability to access and use the Services, and You agree that We will not be liable to You for such termination or for any refunds of prepaid fees paid by You. You can deactivate Your account by request at info@animohealth.ai.

Although We will use reasonable efforts to do so, You understand that it may not be technologically possible to remove from Our systems every record of Your Personal Data. The need to back up Our systems to protect information from inadvertent loss means a copy of Your Personal Data may exist in a non-erasable form that will be difficult or impossible for Us to locate or remove.

Text Messaging (SMS)

If You provide Us or Your Provider with a mobile phone number, We may send You text messages (SMS) related to Your care, such as appointment confirmations, reminders, rescheduling notices, and other treatment- or care-coordination messages. We send these messages to the number You provided and for the purpose of supporting the healthcare services You receive through the Platform. We do not send You marketing or promotional text messages without Your prior express written consent. Message frequency varies. Message and data rates may apply, depending on Your mobile plan. You can opt out of text messages at any time by replying STOP to any message, and You can reply HELP for assistance. Opting out will not affect Your ability to receive care, but may limit Our ability to send You reminders and other care-related notifications. We do not sell or share Your mobile phone number or SMS opt-in information with third parties for their own marketing purposes.

Can You “OPT-OUT” of receiving communications from Us?

We pledge not to market third-party services to you without your consent. We only send emails or SMS text messages related to your account and care unless we have your express consent to do otherwise. You may opt out of text messages at any time by replying STOP, as described in the “Text Messaging (SMS)” section above. We do not offer an opt-out mechanism for essential, account-related email communications (such as security, billing, and service notices); however, you may choose to filter or manage those messages using your email client settings.

We do not share mobile contact information with third parties or affiliates for marketing or promotional purposes. Information may be shared with subcontractors who support our services, such as customer service providers. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Minors and Pediatric Patients

The Services may be used to schedule appointments for, and to support the delivery of care to, patients who are minors (individuals under the age of 18). Where a minor is a Patient User, We collect and process the minor’s Personal Data, including health information, so that the minor’s healthcare provider can deliver care through the Platform. A parent or legal guardian must register for and manage the account on the minor’s behalf, and by doing so the parent or legal guardian consents, on the minor’s behalf, to Our collection and use of the minor’s Personal Data as described in this Privacy Policy. We do not permit individuals under the age of 18 to create their own accounts or submit Personal Data to Us without the involvement and consent of a parent or legal guardian, except where applicable law provides otherwise.

In certain circumstances, New York law permits a minor to consent to specific types of care on their own and may limit a parent’s or legal guardian’s access to the related records. In those cases, We follow the direction of the treating Provider and applicable law regarding the collection, use, and disclosure of the minor’s health information. If You are a parent or legal guardian and believe a minor has provided Personal Data to Us without the appropriate consent, please contact Us at info@animohealth.ai and We will take appropriate steps consistent with applicable law, including HIPAA and New York law governing the treatment of minors.

New York Residents

Animo AI serves clinics located in New York, and We are committed to handling the Personal Data of New York residents in accordance with applicable New York law. This includes the New York Stop Hacks and Improve Electronic Data Security (“SHIELD”) Act, under which We maintain reasonable administrative, technical, and physical safeguards to protect Your private information and will notify You in the event of a breach of the security of that information as required by law, as well as HIPAA and New York laws governing the confidentiality of medical records and health information.

New York residents may exercise the access, correction, and deletion options described in the “Your rights” section above by contacting Us at info@animohealth.ai, subject to applicable law and Our medical-record retention obligations. Note that requests concerning Protected Health Information may be directed to, or coordinated with, the Provider responsible for Your care, consistent with HIPAA. New York does not currently have a comprehensive consumer privacy statute in effect; if one is enacted, We will update Our practices and this Privacy Policy accordingly.

Contact Us

If You have any questions about this Privacy Policy, please contact Us by email at info@animohealth.ai or write to Us at ANIMO AI, INC., 1 Dock 72 Way, Office #07-114, Brooklyn, NY 11249. Please note that email communications are not always secure; so please do not include sensitive information in Your emails to Us.