EFFECTIVE AS OF 05/12 2025

Privacy Policy

VivioMD Group LLC (“VivioMD “we,” or “us”) takes your privacy very seriously. We created this Privacy Policy to provide you with important information about the privacy practices applicable to the services provided through our website at www.viviomd.com  (the “Site”), as well as the services available to users of the Site. The non-clinical business support services we provide, and our Site, are collectively referred to herein as the “Platform”. The terms “you” and “your” mean you, the user. This Privacy Policy describes how we collect, protect, use, disclose, and store information collected through the Site.

Through the Site, we offer an online communication platform for healthcare professionals and users to connect using synchronous and asynchronous telecommunications technologies. We contract with OpenLoop Healthcare Partners P.C. (“OpenLoop”), and all members of OpenLoop’s affiliated professional entities (collectively, “Medical Groups”), which are independent medical groups with a network of United States based health care providers (each, a “Provider”) to provide online telehealth clinical consultations, services, and/or treatment. The professional medical services provided by the Medical Groups and Providers through the use of our Platform are collectively referred to in this Privacy Policy as the “Services”.

BY DOWNLOADING, ACCESSING, OR USING THE SERVICES, AND/OR BY REGISTERING WITH US OR PROVIDING INFORMATION TO US IN CONNECTION WITH THE SERVICES, YOU ACCEPT THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY, AND YOU HEREBY CONSENT THAT WE WILL COLLECT, USE, AND SHARE YOUR INFORMATION AS SET FORTH IN THIS PRIVACY POLICY. IF YOU ARE REGISTERING AN ACCOUNT OR USING THE SERVICES ON BEHALF OF AN INDIVIDUAL OTHER THAN YOURSELF, YOU REPRESENT THAT YOU ARE AUTHORIZED TO ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL'S BEHALF.

Your use of the Site and the Services is also subject to our Terms of Use, which are available here.

Please note that this Privacy Policy governs our use and disclosure of Personal Information collected via the website but does not govern our use and disclosure of any Protected Health Information subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

COLLECTION, USE, AND DISCLOSURE OF INFORMATION

What is Personal Information?

“Personal Information” is any information relating to a natural person who is, or can be, identified either directly or indirectly from such information and includes information such as a user’s name, address, telephone number, email address, internet activity (such as browsing history), or other information directly linked to that person. You are not legally required to provide Personal Information to us, but if you refuse to provide such information, we may not be able to register you to use the Site or the Services.  Though Personal Information that we collect also includes the personal medical information which users provide to us through the Services, please note that this Privacy Policy does not govern our use and disclosure of any Protected Health Information subject to HIPAA, which is instead governed by HIPAA and our applicable contracts with the Medical Groups.

Information That We Collect

VivioMD collects Personal Information from users when such users register for and use the Site and the Services. You do not have to use the Site or the Services, but if you do, you acknowledge that VivioMD collects and uses your Personal Information for the legitimate interests and purposes described in this Privacy Policy. VivioMD collects the following types of Personal Information which you provide to us:
(A)Registration information related to Users;
(B)Health information about Users provided by Users through use of the Site and the Services;
(C)Records and copies of your correspondence (including email addresses), if you contact us;
(D)Contact details you may provide, such as your name and email address; andDetails of transactions you carry out through the Site.

In addition, from time to time, we may use or augment the Personal Information we have about you with information obtained from other sources, such as public databases, social media platforms, and other third parties.

In addition to collecting Personal Information, you provide to us, we may automatically collect certain Personal Information when you use our Site, such as IP address, information about your browser, device or operating system or similar information. IP addresses are identification numbers for the location of your computer or network on the internet. Log files are recordings of the traffic to and from a server. VivioMD servers log IP addresses for systems administration and troubleshooting. We track page hits in the aggregate to track the popularity of pages that people visit. With that information we can improve the quality of our Site and the Services. We may also use or allow third parties to use web beacons on our Site to monitor the effectiveness of survey qualification. Web beacons are small, graphic images on web pages, web-based documents, or in email messages that allow us or third parties to monitor who is visiting our Site or if an email has been read. Web beacons collect the IP address of the device where the web beacon is sent, the URL of the page where the web beacon originates, and the time it was viewed. Web beacons may be linked to your Personal Information. We may also use third-party devices, services, links, or electronic mail to deliver surveys to you, which may use cookies, web beacons, or other technology to collect information about your visits to our Site (or other websites) in order to present surveys that may be of interest to you.

How We May Use Personal Information

We and our third-party service providers may use Personal Information to:
-respond to your inquiries and fulfill your requests;
-communicate with health care professionals who will help you identify the appropriate level of care and setting for the health care services you are requesting;
-send to you administrative information, including information regarding the Services, and changes to our terms, conditions, and policies;
-schedule and provide services related to the scheduling of an appointment, for example: communicate with you regarding your health status, communicate with you regarding appointments and related services provided by a Provider; obtain or facilitate payments for appointments and related services provided by a Provider; send you payment receipts; and provide you with related customer service functions;
-confirm that services you request were provided to you by a Provider;
-send to you marketing communications that we believe may be of interest to you;
-personalize your experience on the Site by presenting products and offers tailored to you;
-further our business purposes, such as quality assessment, data analysis, audits, developing new products, enhancing the Site and the Services, improving our services, developing tools which help you assess the performance, competence, and qualifications of health care professionals and conducting training programs for such professionals, and determining the effectiveness of our promotional campaigns; and
-act as we believe to be necessary or appropriate: (a) under applicable law; (b) to comply with legal process; (c) to respond to requests from public or government authorities; (d) to enforce our Terms of Use; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety, or property, or that of our affiliates, you, or others; (g) at our discretion, under emergency circumstances, to notify emergency services or your family members, personal representative(s), or other individuals involved in your care of your location and condition; and/or (h) to allow us to pursue available remedies or limit the damages we may sustain.

We also may use aggregate or de-identified data that is not personally identifiable for any legally permissible purposes and without restriction.

How Personal Information May Be Disclosed

Your Personal Information may be disclosed to:

(A) our third-party service providers that provide services such as hosting of the Site, data analysis, information technology services and infrastructure, customer service, email delivery, auditing, and other similar services;
(B) our affiliates, for the purposes described for Personal Information in this Privacy Policy, including marketing purposes relating to their products and services;
(C) third parties, to permit them to send marketing communications to you regarding our products or services or the services of your Provider;
(D) for other treatment, payment, or health care purposes;
(E) a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, liquidation, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceeding); and/or
(F) a third party as we believe to be necessary or appropriate: (a) under applicable law; (b) to comply with legal process; (c) to respond to requests from public or government authorities; (d) to enforce our Terms of Use; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety, or property, or that of our affiliates, you, or others; (g) at our discretion, under emergency circumstances, to notify emergency services or your family members, personal representative(s), or other individuals involved in your care of your location and condition; or (h) to allow us to pursue available remedies or limit the damages we may sustain.

VivioMD does not sell or rent Personal Information we have collected or retained about you to any other third party for any purpose. Accordingly, we do not offer individuals the ability to “opt-out” of the selling or renting of Personal Information because we do not engage in those practices.

We also may disclose to third parties aggregate or de-identified data that is not personally identifiable for any legally permissible purposes.

COOKIES

A cookie is a small piece of information that a website can store on a computer and sometimes later use to recognize a user. The purpose of cookies is to enhance your ability to receive the information you want. In the future, we may use cookies to enhance the experience of users. A “session” cookie expires when the user closes the browser in which the website was viewed. A “persistent” cookie may be used to help save your settings and customizations. As with all cookies, you can personalize you web browser settings to reject session cookies. Though some cookies, that are strictly necessary for site operation, cannot be toggled off.

Some of our business partners with whom we contract to operate the Site and/or carry out the Services (e.g., website providers) may use their cookies on our website. Although we may not have direct access to or control over such cookies, this Privacy Policy governs the use of cookies by us and such business partners on our website. We may also allow social media companies (e.g., Facebook) to put “widgets” on our websites. These third party tools may also be used to track you across websites. For example, so long as you are logged in to Facebook, every time you land on a webpage that has a Facebook widget, Facebook will know you are on that webpage. We do not control the privacy practices of these third parties.

THIRD PARTIES

This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including the manufacturer of your mobile device and/or any other third party mobile application or website to which the Site may contain a link. We encourage you to review the privacy policies of each website and application you visit and use.

COOKIES AND TRACKING TECHNOLOGIES

We use cookies and similar technologies to personalize content, provide social media features, and analyze traffic. We may share information about your use of our site with our advertising and analytics partners (such as Google, Meta, TikTok, and Snap), who may combine it with other information you’ve provided to them or that they’ve collected from your use of their services.

To learn more:
- Google’s data practices: https://www.google.com/policies/privacy/partners
- DAA opt-out: http://www.aboutads.info/choices
- NAI opt-out: https://optout.networkadvertising.org
You can manage your cookie preferences at any time through our [Cookie Settings].
HIPAA

The Medical Groups and Providers who provide the Services are regulated as “Covered Entities” under the Health Insurance Portability and Accountability Act (“HIPAA”). VivioMD is considered a “Business Associate” to these Covered Entities. Please be aware that this Privacy Policy is distinct from the Medical Groups’ Notice of Privacy Practices, which describes in detail overall how your individually identifiable health information may be used and disclosed.

SECURITY

We seek to use reasonable physical, technical, and administrative measures to protect Personal Information under our control. Unfortunately, no data transmission over the internet or data storage system is completely secure, and therefore we cannot guarantee against all potential security breaches. If you have any reason to believe your interactions with us are no longer secure—for example, if you feel the security of any account you might have with us has been compromised—please immediately notify us by contacting us in accordance with the “Contacting Us” section below.

STORAGE OF DATA

We will only store Personal Information for as long as it is needed to fulfill the purposes for which it was collected, subject to applicable data retention periods imposed upon us by applicable law. This may mean your Personal Information is stored by us for a number of years, depending on the purpose and need for that data to be processed.

UPDATES TO THIS PRIVACY POLICY

We may occasionally update this Privacy Policy and may choose to make these updates at any time. Any changes to this Privacy Policy will become effective when we make the revised Privacy Policy available through the Site. We will update the “Effective Date” date at the top of this Privacy Policy if we make any such changes. Your use of the Site and the Services, or the submission of any information in connection with the Site and the Services following any change, means you have accepted the revised Privacy Policy. We encourage you to periodically review this Privacy Policy to stay informed about how we collect, use, and disclose Personal Information.

CONTACTING US

If you have any questions or comments about this Privacy Policy, please contact us by email at info@vivomd.com Please note email communications are not always secure; so please do not include health information, credit card information, or other sensitive information in your email messages to us.