Emerest Customer Policy

Welcome to Emerest Health LLC (the “Site”). These Terms of Use (“Terms” or “Terms of Use”) form a legal agreement between you, the end user of the Site and Emerest Health LLC d/b/a “Emerest, “we,” or “us”, and related websites, applications, and services licensed from Emerest Health LLC or its affiliates. These Terms govern your access to and use of the Siteincluding but not limited to the use of interactive features, plug-ins, portals, applications, content, downloads and/or other online services (“Service”). These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Site. IF YOU WANT TO ACCESS OR USE THE SERVICE, THEN CAREFULLY READ THESE ENTIRE TERMS (INCLUDING ALL LINKS TO DETAILS AND PORTAL TERMS OF USE), AS THEY CONSTITUTE A WRITTEN AGREEMENT BETWEEN YOU AND US AND THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. EACH TIME YOU ACCESS AND/OR USE THE SERVICE, YOU AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS THEN POSTED. THEREFORE, DO NOT USE THE SERVICE IF YOU DO NOT AGREE. IN THE EVENT OF A VIOLATION OF THESE TERMS, WE RESERVE THE RIGHT TO SEEK ALL REMEDIES AVAILABLE BY LAW AND IN EQUITY.

THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT WITH A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. THE ARBITRATION AGREEMENT REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATIONS OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

If you are accessing and using the Site on behalf of an individual or organization or entity (“IOE”), then you are agreeing to these Terms both individually and on behalf of that IOE. You represent and warrant that you have authority to bind the IOE to these Terms. If so, then “you” and “your” refer to both you and your IOE.

A. Scope of License

Emerest grants you a limited, personal, non-exclusive, non-transferable, revocable right to use the Site, the Service and features provided herein solely in connection with the purposes for which the Site and its features were designed. You agree that all features of the Site may not work well or at all on any particular device or computer.

B. Member Accounts and Logins

These Terms permit you to use the Site for your personal, non-commercial use only. You must not use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except as follows: (1) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, (2) You may store files that are automatically cached by your web browser for display enhancement purposes, and (3) You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution. You must not: (1) Modify copies of any materials from the Site, (2) Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, or (3) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.

C. Information That You Provide

We value the privacy of your information and comply with applicable privacy laws in processing the information you provide us. Our Site may include functionality that permits you to communicate with us or send us information. Whenever you interact with us and provide us information, we may collect that information (including your name, contact information, company name, and technical information provided by your device such as IP address). We may use this information to respond to your request or communication, improve our Site and services, comply with law, create aggregated or statistical data, and for other purposes.

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You also consent to receive electronic communications from us, and you agree that all notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY EMEREST OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records. You may receive notifications, alerts, emails, text messages, or other types of messages regarding the Service. We may also email you promotional or marketing materials. The Privacy Policy governs how we use your contact information and may provide you with additional rights and information. California residents should review the California-specific disclosures and information in the Privacy Policy.

You hereby agree that if you provide your mobile phone number, then you agree that this constitutes your consent to receive SMS text messages relating to our relationship with you, including messages about the services we provide, updates on your account, and other matters. If you provide us the phone number or other contact information of any IOE other than yourself, then you declare that you have permission to provide us that information, and you will indemnify and defend Emerest from all claims, liabilities, losses and expenses (including attorney’s fees) that we suffer or incur as a result. You acknowledge that your wireless or mobile carrier may assess extra charges and fees for use of SMS texting. This section only applies to general visitors to our website and it may not apply to you if we have a separate contractual relationship with you or your organization.

D. User Obligations; Restrictions

You agree to abide by all applicable local, state, national and international laws and regulations with respect to your use of the Site and not interfere with the use and enjoyment of the Site by other users or with Emerest’s operation and management of the Site.

You shall not do any of the following, which are all deemed material breaches of these Terms and of your license to use the Site and Services: (1) distribute or make the Site available over a network where it could be used by multiple devices at the same time; (2) access parts of the Site that you are not authorized to access, or attempt to circumvent restrictions imposed on your use or access of the Site; (3) rent, lease, lend, sell, sublicense, reproduce in whole or part, act as a service bureau, grant rights in the Site, or otherwise redistribute or use our Site or content in a manner that would substitute for the Site and our offerings; (4) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Site, any updates, or any part thereof; (5) intercept, examine or otherwise observe any proprietary communications protocol used by the Site, whether through the use of a network analyzer, packet sniffer or other device; (6) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse routing, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Site or any website, application or service organized or provided by Emerest or existing on any of our network hardware or infrastructure; (7) use the Site to institute, assist, or become involved in any type of attack, including denial of service attacks, upon any party; (8)commit trespass or act in a manner that overburdens the capacity of our networks or servers; (9) use or attempt to use the Site in any manner to harass, abuse, stalk, threaten, defame, harm, or infringe or violate the rights of any other party; (10)provide us sensor data (such as microphone, camera, fitness or other data) that you are not authorized to provide; (11) impersonate any other person or entity when using the Site; or (12)create any apps, extensions or other products or services that use our content without our permission.

Any attempt to do any of the foregoing is a breach of these Terms and will subject you to all remedies available to us, our service providers and our licensors under the law. Without limitation, this may include contract breach, intellectual property infringement, and computer fraud and abuse. If you breach any of these restrictions, you may be subject to prosecution and damages.

E. Third Party Content, Services and Links

The Site may (1) enable your access to websites, platforms or services (including social media platforms) created or provided by third parties, (2) display or otherwise make available content, data, information, applications, advertisements or materials from third parties, and (3) provide hyperlinks to certain third party web sites (“Third Party Materials”). Third Party Materials are provided solely as a convenience to you and you are subject to any specific terms and conditions under which they are provided. Emerest does not create, endorse, sponsor, recommend, suggest, or have any responsibility for any Third Party Materials or any products or services depicted therein. You acknowledge and agree that Emerest is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, language availability, appropriateness, availability or any other aspect of such Third Party Materials or any statements made therein. Be aware of and read all third party terms and privacy policies whenever you leave the Site. EMEREST DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES REGARDING THIRD PARTY MATERIALS. WE DO NOT ENDORSE OR ASSUME ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD PARTY MATERIALS.

Although Emerest does not intend for the Site to contain objectionable content, you understand and acknowledge that by using any of the Site, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Site at your sole risk and that Emerest shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

Emerest shall not be obligated to correct or update the Site or its content, and Emerest shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the Site.

No Medical Advice

The Site does not provide any medical advice or any medical services to you or anyone. Any patient treatment to any Site user is wholly separate from the Site. If you require health services, then please contact your normal health care provider directly for professional evaluation and care. The Site is not a medical app, medical service, or medical device. You acknowledge and agree that the Site is NOT intended to diagnose disease or other conditions; cure, mitigate, treat, or prevent any disease; or affect the structure or any function of the human body. You agree that Emerest has no responsibility for patient care, and that you and your medical provider are solely responsible for medical decision-making and care. Emerest is solely providing the Site as a communication tool for your use and is not providing medical care in any way. You further agree that your clinical judgments are based on your own medical expertise and shall not be determined in any way by the Site or any content contained therein. ALL INFORMATION AVAILABLE FROM THE SITE ON MEDICAL OR HEALTH TOPICS IS PROVIDED “AS IS”, WITH ALL FAULTS AND DEFECTS, AND FOR CONVENIENCE ONLY. You agree to seek and obtain any and all diagnosis and treatment information of any medical condition from your selected physician or another member of your care team.

While we hope that the information provided to you through the Site is accurate, we cannot guarantee that there will be no typographical errors, delays, deletions, alterations, or inaccuracies in the information. If you believe any information associated with your account is inaccurate, please contact us so that we may correct the information.

User Discussion Features

Use of any Site features allowing you to participate in any blogs, threaded discussions, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”) are conditioned on your compliance with any acceptable use policy (“AUP”) that Emerest may publish or link on the Site. Emerest reserves all discretion to determine what content violates its AUP, and such content may be removed without notice or liability to you or anyone else. You hereby grant Emerest a nonexclusive, perpetual, irrevocable, worldwide license to reproduce, publicly display, publicly perform, retransmit, and exploit in any other manner your Contributions, for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Emerest does not need to give you any further right to inspect or approve uses of such content or to compensate you for any such uses. Emerest owns all right, title, and interest in any compilation, collective work or other derivative work created by Emerest using or incorporating content posted to the Site.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change or remove any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms.
• Subject to the absolute restrictions set forth above on the submission of any personally identifiable or protected health information, you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms.
• Your Contributions do not disclose any information that may compromise your personal safety, including your name, phone number, social security number, health information, or any other personally identifying information.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not unlawful, obscene, lewd, lascivious, filthy, violent, threatening, harassing, defamatory, libelous, slanderous, hateful or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten any other person and to promote violence against a specific person, class of people or entity.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Site and legal action by us.

F. Suspension; Termination

Except as may be separately agreed in writing between you and Emerest, Emerest reserves the right to change, suspend, remove, disable or terminate access to the Site at any time without notice, for any or no reason, and with no liability or responsibility to you. Emerest may also impose limits on the use of or access to the Site, in any case and without notice or liability. These Terms and your license to use the Site are effective until terminated by you or Emerest. You may terminate your agreement with these Terms and your obligations hereunder by ceasing all use of the Site. If you fail to comply at all times with these Terms, your license to use the Site will terminate automatically and without any notice from Emerest, and your continued use after termination exposes you to legal liability to Emerest, which Emerest may pursue to the fullest extent permitted by law, including the pursuit of money damages or injunctive relief at our discretion. Upon any termination of the license, you shall cease all use of the Site.

G. Internet Disclaimer

Use of the Internet and the Site is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. Emerest does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Site over the Internet or other communication network.

H. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SITE AND INFORMATION CONTAINED THEREIN ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. EMEREST MAKES NO, AND HEREBY DISCLAIMS ALL, WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO: WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR PERFORMANCE, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, CURRENCY OR COMPLETENESS OF INFORMATION, OF NON‑INFRINGEMENT, OF FUNCTIONALITY, OF AVAILABILITY, OF NETWORK CONNECTIVITY AND TRANSMISSION, OF ABILITY TO ACCESS OR USE THE SITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR‑FREE, THAT DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EMEREST OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY. Certain jurisdictions do not allow the exclusion of certain implied warranties or limitations on applicable statutory rights of a consumer, so certain of the above exclusions and limitations may not apply to you.

I. LIMITATION OF LIABILITY

IN NO EVENT SHALL EMEREST, ITS AFFILIATES, SUBSIDIARIES, PARENT ENTITY(IES), DIRECTORS, TRUSTEES, OFFICERS, EMPLOYEES, PHYSICIANS, STAFF, AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY THE “EMEREST PARTIES”) BE LIABLE FOR PERSONAL INJURY OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR SIMILAR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR SALES, LOSS OR CORRUPTION OF DATA, LOSS OF USE OF YOUR DEVICE, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) AND EVEN IF EMEREST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EMEREST SHALL HAVE NO (ZERO) LIABILITY TO YOU IN CONNECTION WITH YOUR USE OF THE SITE. Certain jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so these limitations may not apply to you.

You agree to indemnify, defend and hold harmless Emerest and the Emerest Parties (defined above) from and against any and all claims, actions, proceedings and suits, and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorney’s fees and other dispute resolution expenses) incurred by any Emerest Party arising out of or relating to your use of the Site or your violation or breach of these Terms.

J. Ownership

The Site and its Contents are licensed and not sold or transferred. Emerest reserves all rights not expressly granted to you by these Terms. The information, text, content, images, videos, data, look and feel, color scheme, logos, and all other material contained on the Site are subject to copyright, patent, trademark and other intangible rights protection. You may not use such material except as part of the Site and in accordance with these Terms. No portion of the Site may be reproduced in any form or by any means, except that you may use sharing features available from within the Site (but only to the extent facilitated by such sharing feature). We do not grant you any other rights to such material.

K. RESOLVING DISPUTES

If a dispute should arise between you and Emerest, we want to provide you with a resolution that is efficient and cost effective. In our experience, almost all customer service disputes can be resolved to your satisfaction by our customer service team, reachable by emailing contact@emerest.com or by calling 718-925-2807.

If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND EMEREST AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.

Agreement to Arbitrate Disputes

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

WE BOTH AGREE TO ARBITRATE: You and Emerest agree to resolve any claims relating to this Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Emerest’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Emerest may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Emerest website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to this Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or (212) 751-2700. To initiate arbitration, you or Emerest must do the following things:

1. Write a demand for Arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
2. Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, 620 8th Ave Fl 34, New York, NY 10018.
3. Send one copy of the Demand for Arbitration to Emerest.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Emerest will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Emerest will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in New York County, New York, or any other location we mutually agree to, subject to New York law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Emerest, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Emerest.

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Emerest in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND EMEREST WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Emerest at contact@emerest.com and providing the requested information as follows: (1) Your Name; (2) the URL of the Terms and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms by signing up for the Terms.

L. Governing Law

The laws of the State of New York (other than rules that would apply the law of other states) govern these Terms and your use of the Site. Your use of the Site may also be subject to other local, state, national, or international laws. The exclusive jurisdiction and venue for any actions that you bring against Emerest relating to your use of the Sites shall be the courts located in or having jurisdiction over New York County in the State of New York. YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL. UNLESS PROHIBITED BY YOUR JURISDICTION, YOU HEREBY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN OR CONSOLIDATE YOUR CLAIMS AGAINST EMEREST WITH THE CLAIMS OF THIRD PARTIES.

M. Amendments

We may make changes to this Privacy Policy from time to time. The most recent version of the policy will govern our use of your information going forward and will be located within our Privacy Policy section. If we make material changes to this policy, we will notify you either by prominently posting a notice of such changes prior to implementing the change or by directly sending you a notification.

N. Legal

DMCA

Requests or notifications such as copyright takedown requests under the DMCA (Digital Millennium Copyright Act) or domain-related complaints under UDRP (Uniform Dispute Resolution Policy) must also be notified to us by writing to contact@emerest.com.

Injunctive and Other Remedies

You acknowledge that any violation of these Terms could result in irreparable harm to Emerest, the damages for which are incalculable. You agree that in the case of such a breach, Emerest shall have every remedy available at law, including immediate injunctive relief.

Waiver

No waiver by Emerest of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Emerest to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd. , Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

Contact

If you have questions or requests regarding these Terms, you may direct them to us by writing to contact@emerest.com or calling our corporate office at 7189252807. These Terms may not be copied, modified or adopted without our prior written consent

Effective Date and Last Updated: July 28, 2023

Emerest Health LLC d/b/a (“Emerest, “we,” or “us”), we are committed to protecting your privacy and we take great care with your personal information that we gather when you access or use [www.emerest.com] and related websites, applications, and services licensed from Emerest Health LLC or its affiliates and that link to this Privacy Policy (collectively, the “Services”). This Privacy Policy is meant to help those that use our Services (“Users”, “you,” or “your”) understand how we treat your personal information. BY USING OR ACCESSING THE SERVICES IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU ACCEPT THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY, AND YOU HEREBY CONSENT THAT WE WILL COLLECT, USE, AND SHARE YOUR INFORMATION IN THE FOLLOWING WAYS. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, YOU MAY NOT USE THE SERVICES. IF YOU USE THE SERVICES ON BEHALF OF SOMEONE ELSE OR AN ENTITY (SUCH AS YOUR EMPLOYER), YOU REPRESENT THAT YOU ARE AUTHORIZED BY SUCH INDIVIDUAL OR ENTITY TO ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF. Any use of Emerest’s Services is at all times subject to the Agreement (as the term “Agreement” is defined in our website Terms of Use, End User Term and/or portal Terms of Use, which incorporates this Privacy Policy).

While we strive to manage various privacy laws consistently, some terms, obligations, and rights only apply or may be available to those who live in certain jurisdictions. Use of the term “right” in this Privacy Policy (and any supplements) is not intended to and shall not confer any legal rights or remedies on any person or party, and any such rights or remedies shall only exist to extent expressly provided under applicable law.

Information Collected & Sources

We may collect your:

• Contact and registration information(such as name, email address, postal address, phone number, professional licenses, education history, specialties and certifications and birthday, if you provide it to us)
• Payment information(such as the credit or debit card numbers and expiration dates),
• Protected classification(your gender, gender identity, age, date of birth, race, sexual orientation, if you provide it to us)
• Health Information (health conditions, healthcare caregivers/providers visited, reasons for visit, dates of visit, medical history and health information you provide us, insurance carrier, insurance plan, member ID, group ID, payer ID, provider information, appointment, or procedure(s), if you provide it to us)
• Internet activity (including but not limited to, (a) how you interact with our sites, referring webpage/source through which you access the Services, non-identifiable request IDs, statistics associated with the interaction between device or browser and the Services; (b) information about your interactions on social media that identifies us through hashtags or using our social media handles, and/or (c) technical data received from your device, such as IP address, username, IP address, and device ID of individuals that visit our site, referring websites, and similar technical data),
• Geolocation data (your city and state it is apparent from the address you provide, the internet address from which you visit our sites, or the phone number used to call us), and
• De-identified data. We may generate and use de-identified data (or anonymized or aggregate information) which cannot reasonably be used to identify you. We will maintain and use this data only in a de-identified form and will not attempt to re-identify such data, except as permitted by applicable law. The aggregated or anonymized data is no longer personal information governed by this Privacy Policy.
• Commercial information. We may generate internal user identifiers (like a user or account ID) to keep track of and manage your transactions online or by phone and relationships with us and collect commercial information, requested, considered, exchanged, or returned, and other purchasing or consuming histories and tendencies. We may draw inferences about you from the other types of information we collect reflecting your interests, preferences, online behaviors, and characteristics.

All of the above have been collected and disclosed to our service providers for a business purpose during the last 12 months, such as:

• Provide the services you request
• Respond to your inquiries and provide user service
• Operate and improve online services
• Personalize online content and experiences
• Market and advertise
• Maintain safety in our stores and combat illegal activities
• Comply with legal obligations

We may collect your personal information from the following sources:

• From you, when you provide it to us. We collect your information when you utilize our services online or over the phone, contact our user support, fill out forms on our website, create an account with us, sign up for mailing lists, participate in surveys, or otherwise provide us your information.
• When you use our sites. We use tools that help us improve our business by analyzing how our users interact with us and our sites.
• From our service providers and business partners. When you interact with our service providers and business partners, they may collect information from you and provide that information to us. We may then use that information according to this Privacy Policy.
• When transmitted automatically by your browser or device. Internet-connected devices that visit our sites automatically transmit technical and device data, settings, software and hardware versions, referring websites, and unique device identifiers (depending on your settings).
• Other third parties. Third-party data suppliers (such as data aggregators and data resellers) may supply us with internet and network activity information, demographic information, and other information that helps us recognize and learn more about you and other users of our online services.

Personal data that a Permitted End User provides to Emerest when Emerest is not acting as a Business Associate is not PHI or subject to HIPAA. To provide just a few examples, when information provided by Permitted End User is not subject to HIPAA (i) create an account, (ii) search for healthcare providers, (iii) complete general request forms (“General Request Forms”); (iv) post reviews; or (v) provide device/IP Information or web analytics information by browsing our websites (see below).

Purposes for Collection and Use of Information

Emerest collects information in an effort to improve your experience and that allows us to communicate with you about our products and services. In the case of resubmitting your request, we require your personal information because without it, we cannot process your request. Providing us other information may be voluntary, and you can instruct us not to use your information for marketing purposes by following instructions in this Privacy Policy.

We may use your personal information in the following ways:

• To create and manage your account or other user profiles.
• To process, confirm, and fulfill the reason you provided the information to us. We may contact you via email, mail or phone if we have questions about your request or if applicable payment.
• To remarket our products through advertising networks. If you joined our email marketing list, to communicate with you by email about our products and services.
• To administer and fulfill the reason you provided the information to us.
• To inform others of user satisfaction with the quality of our products and services.
• To help us learn more about your general preferences, personalize online content and experience.
• To show you advertisements, including interest-based or online behavioral advertising
• To help us improve and address problems with our site design, products and services.
• To enhance your experience.
• To analyze trends and statistics.
• To protect the security and integrity of our websites and our business.
• To detect, protect against and investigate fraud, theft or threats to any individuals.
• For system administration.
• To contact you for reasonable business purposes, including for material changes to our privacy policy.
• To meet our legal obligations, protect our legal rights, respond to court orders and other legal process, and as permitted by law, resolving disputes, enforcing any agreement with you, make disclosures to address unlawful or other act that may endanger the health, safety or privacy of other users or the general public.

If we use service providers outside the United States, then your personal information may be sent outside U. S. borders and may be subject to additional local laws regarding personal information.

Request to opt-out of certain uses of your personal information:

We may share personal information with other parties to provide analytics services and serve ads on our behalf targeted to your interests and based on your online activities. Information may be linked to your browser or device (like cookies and similar tracking technologies) and related to you if you have a user account or interact with us in other ways. These parties may use the information for their own marketing and to offer products and services on our online services.

Your personal information is not shared for money, but certain uses may be deemed the “sale” or “sharing” of personal information under applicable privacy laws.

Third Party Service Providers; Disclosure for a Business Purpose

Our affiliates or third party service providers provide services to us directly or to you on our behalf and that receive your personal information provided by you in request to provide those services. We may share your information with these third parties with your consent or at your request. For example, we run our online platform through a service provider and/or our affiliates that may receive your personal information to help us run our business. When applicable we use a third party payment provider to process your cardholder data or claims data when you utilize the services via application, online or over the phone. We also use an e-mail list to conduct marketing for products and services, which may be shared with third party service providers and/or affiliates that provide us email distribution, digital marketing, and other services. (For more information on marketing, see the section below titled “Marketing email communications”. ) If you’ve signed up for mobile text messaging offers, with your consent, we may send push notifications or alerts to your mobile device. If decide later you no longer wish to receive these offers, simply follow the opt-out instructions included in the mobile message. If you interact with social media widgets, share content using social media share buttons or access features of our online services that contain content or features provided by social media platforms, the relevant social media platforms may collect or have access to personal information. (Please review the privacy policies of the social media platforms you interact with as we are not responsible for their privacy policies. ). We also use a third party service provider that use information provided by you to perform website analytics that help make intelligent product recommendations for you while you use our site based on the pages and products you view. We also engage advertising networks as service providers to provide online advertising and marketing services. (For more information on online advertising, see the section below titled “Advertising Networks and Online Marketing”. ). Other purposes of using the information provided by you include but are not limited to : detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity; perform operational services (such as hosting, billing, fulfillment, data storage, security, insurance verification, web service analytics) and/or make certain services, features or functionality available to our Permitted End Users; perform services on our behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling request, verifying customer information, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider.

Some of our third party service providers also provide services directly to consumers. If you use any consumer-facing applications or services from businesses that collect personal information and also happen to be our service providers, this Privacy Policy will not apply to that information. We encourage you to read the privacy notices of every business to which you provide your personal information.

We reserve the right to transfer any of the information we have about you to proceed with the consideration, negotiation, or completion of a sale or transfer of all or a portion of our business or assets to a third party, such as in the event of a merger, acquisition, or other disposition, or in connection with a bankruptcy reorganization, dissolution, or liquidation.

Children’s Privacy

Emerest is protective of the privacy of young children and we do not knowingly collect any personal information from a child under 13. We do not provide services to children. Our website is not directed at children under 13 and does not knowingly collect any personal information from children under 13. We reserve the right to delete without notice, obligation or liability all information of children that may be provided on our website.

Marketing email communications

Our website provides you the option to join our email list and receive information about our products, services and offers. If you do not wish to receive Emerest marketing emails, you may use any of several options to unsubscribe: click the “Unsubscribe” link in our marketing emails, or email us at marketing@emerest.com with the following:

• The phrase “Unsubscribe” in the subject line
• Your name and email address

Please be aware that it can take several business days to remove you from our email marketing list. NOTE: You will continue to receive request confirmation, or other transactional emails.

Use of ‘Cookies’

Emerest uses cookies and other tools and code on our websites, for three purposes: (1) to help enhance your experience on our website, (2) use website analytics tools, and (3) to participate in personalized advertising.

What Are Cookies?

A cookie is a small data file stored on your computer, tablet, phone, or similar device when you use that device to visit websites that sends information back to those websites to enable certain functionality, which may include a unique user ID to recognize you. Related tools include a pixel tag, also known as a clear GIF or web beacon, which an invisible tag placed on certain pages of our site and can track your visits by placing and reading cookies on your computer(“Cookies”). Most web browsers allow you to refuse to accept cookies; refer to your browser’s help documentation for more information. But note that if you turn off cookies or refuse to accept them, this is likely have a negative impact on the usability of our website and many other websites. Your browser documentation can also help you delete existing cookies. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s).

Enhance Your Website Experience.

We may use cookies to recognize your repeat visit, preserve the contents of your search, recognizing the accounts of our registered users, track your movement on our site, and measure activity on our site to determine our most popular areas and features.

Essential Cookies.

Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into the secure areas of our Services. Disabling these Cookies may make certain features and services unavailable.

Functional Cookies.

Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to personalize our content for you, greet you by name, and remember your preferences (for example, your choice of language or region).

Web Analytics

Performance/Analytical Cookies allow us to understand how visitors use our Services such as by collecting information about the number of visitors to the Services, what pages visitors view on our Services, how long visitors are viewing pages on the Services, mouse clicks, mouse movements, scrolling activity, and text typed into the Services. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the content for those who engage with our advertising. For example, we may use a service called Google Analytics to improve our understanding of how visitors interact with us online. This service is provided by Google, Inc. and collects information and reports website trends without directly identifying individual visitors. It uses cookies to help track how you use our website. We can view a variety of reports about how visitors interact with our website so we can improve our website and how people find it. Please click on the link to learn more about this service: http://www.google.com/analytics. From time to time, we may use other service providers to help us with tracking cookies.

Advertising Networks and Online Marketing

Emerest does not track your online activity across third party Web sites or online services. However, like many ecommerce businesses, we partner with third party advertising networks to support our marketing activities. The advertising networks use small bits of code called “cookies” or “pixels” that we place on our sites to enable the networks to help market our products online. These use anonymous unique identifiers and Emerest does not provide your name or other identified information to the advertising networks, and the networks do not send us information about your external online activity. If you click an ad, the browser on your computer or device may tell us the website where you clicked the ad. We may serve advertisements, and also allow third-party ad networks, including third-party ad servers, ad agencies, ad technology vendors and research firms, to serve advertisements through the Services. These advertisements may be targeted to users who fit certain general profile categories or display certain preferences or behaviors (“Interest-Based Ads”). Information for Interest-Based Ads (including Personal Data) may be provided to us by you, or derived or inferred from the online activity or usage patterns of particular users on the Services and/or services of third parties. Such information may include IP address, mobile device ID, operating system, browser, web page interactions, geographic location and demographic information, such as gender and age range. Such information may be gathered through tracking users’ activities across time and unaffiliated properties, including when you leave the Services. To accomplish this, we or our service providers may deliver Cookies, including Web Beacons, from an ad network to you through the Services. Web Beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. This information helps Emerest learn more about our Users’ demographics and internet behaviors. Web Beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Web Beacons allow ad networks to view, edit or set their own Cookies on your browser, just as if you had requested a web page from their site.

You can avoid certain targeted marketing by disabling cookies in your browser for our site or for all sites. However, you may lose functionality if you disable cookies. If you leave cookies enabled, you consent to our use of such third party advertising vendors and services, to their placement of cookies onto your computer, and to the privacy policies of the third party advertising networks. You agree that if you leave cookies enabled, Emerest is not responsible for how the third party advertisers use your information. Further, as new technologies are developed, we cannot promise that your online activity will never be tracked, such as by the company that developed your Internet browser.

If you desire to learn more about third party advertising networks, cookies, and opt-outs, please visit the Digital Advertising Alliance at http://optout.aboutads.info/and https://www.networkadvertising.org/understanding-online-advertising/what-are-my-options/, and the Network Advertising Initiative at https://www.networkadvertising.org/understanding-online-advertising/what-are-my-options.

Do Not Track signals

Because there is no standard understanding of what a “Do Not Track” browser signal is supposed to mean, our website does not respond to those signals in any particular way. To avoid tracking cookies, you may use an “incognito”, “private” or similar browser window to browse the Internet without tracking cookies. However, the software manufacturer of your browser may still track your activity.

Security and SSL

Protecting your request information is a priority for us. We use technology to protect the security of information you transmit to us through a web browser. For example, the Services use industry standard Secure Sockets Layer (SSL) technology to allow for the encryption of personal data. However, because of the inherent nature of the Internet, we cannot guarantee that data you exchange with us will always remain completely secure. Third parties and bad actors may intercept or access transmissions or private communications unlawfully. While we strive to protect your personal information, neither Emerest nor any of our service providers can ensure or warrant the security of any information you transmit to us over the internet. Any such transmission is done at your own risk. We cannot and do not guarantee the complete security of any data you share with us, and except as expressly required by law, we are not responsible for the theft, destruction, loss or inadvertent disclosure of your information or content.

Links to Other Sites

Our website may contain links to sites other than our own. Those sites may have their own privacy policies. Neither we nor any of our service providers shall have any responsibility for those sites and we provide these links solely for the convenience of our visitors. We encourage you to review the privacy policies and terms of use of any third-party sites or services before providing any of them with any of your personal information.

Accessing our web site from outside the U. S.

If you are visiting www.emerest.com from a location outside the United States, you will be connected through and to servers located within the United States. We currently accept online requests only from users in the United States. By providing your information to us, you agree that all personal information will be used in accordance with this privacy policy and pursuant to U. S. law.

Privacy Policy Updates

We may update this Privacy Policy from time to time. Whenever we make a change, we will post the updated policy at this site and we encourage you to check our policy periodically. Sometimes we may use an overlay or splash screen if we change our privacy policy. If we make a material change to our privacy policy, we will at our option either honor our prior policy for information already collected, or we will ask for your consent to the change. If you have any questions or concerns regarding our privacy policy, please contact us:

• By email: contact@emerest.com
• By phone: 7189252807 during regular east coast business hours
• By mail: 6323 14thAvenue, Brooklyn NY 11219

Contacting Us

Please address any questions regarding our Privacy Policy or our practices concerning Personal Information by writing to:

Emerest Inc.

Attn: Privacy Officer

6323 14thAvenue

Brooklyn, NY 11219

Please include information in your communication to us that will help us identify your account so we can assist you with your inquiry or request.

Applicable Law

The laws of the State of New York will govern this Privacy Policy without giving effect to any principles of conflict of law. By using our website, you agree to bring all claims and actions relating to or arising out of this website or your use of website exclusively as defined in our website Terms of Use.

California Privacy Disclosures and Rights Granted to California Residents

Your Rights Under California Law. If you are a resident of California, you have the following rights concerning your personal informationover the past 12 months, including the following:

Right to be informed about the (1) types of personal information we collect about you, (2) specific pieces of information that we have collected about you, (3) sources and purposes of the collection, and (4) third parties that receive your data.

• Right to request deletion of your data.
• Right to know to whom we’ve sold or disclosed your data.
• Right to opt out of the sale of your data.
• Right against discrimination if you do not provide us your data, unless the goods and services we provide you are related to the value of the data you provide us.

Exercising Your Rights.

Opting Out of “Sales” Information

We may share your personal information by allowing certain third to collect your personal information via automated technologies on our Services for cross-context behavioral advertising purposes. This kind of sharing may be considered a “sale” under the CCPA/CPRA when the personal information is exchanged for non-monetary consideration. You have the right to opt out of these types of disclosures of your information.

To specify your opt-out preferences, click Do Not Sell or Share My Personal Info located at the bottom of our websites and within our mobile apps, to opt-out of these uses of your personal information. We will not deny, charge different prices for, or provide a different level or quality of goods or services, if you choose to exercise these rights.

Opting Out of Information Disclosures to Unaffiliated Third Parties

In addition to the rights mentioned above under California law, we provide you with a cost-free means to opt-out of our sharing your information with third parties with whom we do not share the same name, if that third party will use it for its own direct marketing purposes.

If you would like to exercise this right under California law, please click here to fill out our online form to indicate your sharing preferences.

If you have general questions about your rights, contact us via:

Call us toll-free at 7189252807 during regular east coast business hours

Email us at contact@emerest.com with your request

Send us postal mail to:6323 14thAvenue, Brooklyn NY 11219

Verification Process. You may submit your California rights requests using any of the methods above. However, for certain requests, California law permits or requires us to take additional steps to verify the identity and authority of the individual making certain requests information. This is so we can protect your privacy and data. Depending on the request or the sensitivity of the request, Emerest may ask that you provide two, three or more pieces of personal information that matches information in our records, so that we may confirm your identity prior to processing your request.

Authorized Agent. If you wish to submit a request through an authorized agent, then you may designate your authorized agent in writing by contacting us using any of the methods above and providing the following information:

1. Your full name and date of birth
2. Current address and telephone number
3. Name of the authorized agent
4. State whether the requested information should be delivered to the agent or to you.
5. State the types of requests that you authorize your agent to make, for example, Request to Know, Request to Delete, or Request to Opt-Out of Sales of Personal Information.
6. Sign and date the agent authorization.

If any of the above information is missing or cannot be verified, then we may request the information before processing your request. We may request additional verification information depending on the nature or sensitivity of the request.

Third Party Marketing. Under California law, users of Emerest who are residents of California may request certain information about our disclosure of personal information during the prior calendar year to third parties for their direct marketing purposes. During the last 12 months, we may have used the personal information we collect for the following business or commercial purposes:

• Performing services, including maintaining or servicing accounts, providing user service, processing or fulfilling requests and transactions, verifying user information, processing payments, providing financing services, providing analytics services, providing storage or providing similar services
• Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance
• Short-term, transient use, including, but not limited to, non-personalized advertising shown as part of your current interaction with us
• Helping to ensure security and integrity to the extent the use of your personal information is reasonably necessary and proportionate for these purposes
• Debugging to identify and repair errors that impair existing intended functionality
• Undertaking internal research for technological development and demonstration
• Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.

To make specific request regarding disclosure of personal information, please write to us at the following address:

Emerest

Customer Relations

6323 14thAvenue

Brooklyn NY 11219

Alternatively, you may send us an email at contact@emerest.com with the words “California Privacy Rights” in the subject line.

Contact Information

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your personal data, your choices and rights regarding such use, please do not hesitate to contact us at:

Call us toll-free at 7189252807 during regular east coast business hours

Email us at contact@emerest.com with your request

Send us postal mail to: 6323 14thAvenue, Brooklyn NY 11219

Last updated: July 28, 2023

THIS JOINT NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

INTRODUCTION

This Joint Notice is being provided to you on behalf of Emerest Health LLC. and the employees and practitioners that work at the Practice with respect to services provided at the Practice (collectively referred to herein as “We” or “Our”). We understand that your medical information is private and confidential. Further, we are required by law to maintain the privacy of “protected health information. ” (or “PHI”) which includes any individually identifiable information that we obtain from you or others that relates to your past, present or future physical or mental health, the health care you have received, or payment for your health care. We will share PHI with one another, as necessary, to carry out treatment, payment or health care operations relating to the services to be rendered at the Practice.

As required by law, this notice provides you with information about your rights and our duties and privacy practices with respect to the privacy of PHI. This notice also discusses the uses and disclosures we will make of your PHI. We must comply with the provisions of this Notice as currently in effect, although we reserve the right to change the terms of this Notice from time to time. You can always request a written copy of our most current privacy notice by emailing us at contact@emerest.com.

PERMITTED USES AND DISCLOSURES

We can use or disclose your PHI for purposes oftreatment, payment and health care operations, which we describe below with some examples.

• Treatment means the provision, coordination or management of your health care, including consultations and referrals between health care providers relating to your care. For example, a doctor treating you for a broken leg may need to know if you have diabetes because diabetes may slow the healing process. In addition, the doctor may need to contact a physical therapist to create the exercise regimen appropriate for your treatment.
• Payment means our activities to obtain reimbursement for the health care provided to you, including billing, collections, claims management, determinations of eligibility and coverage, and other utilization review activities. For example, we may need to provide PHI to your Third Party Payor to determine whether the proposed course of treatment will be covered or if necessary to obtain payment.
• Health care operations means the support functions of the Practice, related to treatment and payment, such as quality assurance activities, case management, responding to comments and complaints, compliance programs, audits, business planning, development, and administrative activities. For example, we may use your PHI to evaluate the performance of our staff when caring for you. We may also combine PHI about many patients to decide what additional services we should offer, what services are not needed, and whether certain new treatments are effective. We may also disclose PHI for review and learning purposes. In addition, we may remove information that identifies you so that others can use the de-identified information to study health care and health care delivery without learning who you are.

OTHER USES AND DISCLOSURES OF PHI

We may also use your PHI in the following ways:

• To provide appointment reminders for treatment or medical care.
• To tell you about or recommend possible treatment alternatives or other health-related benefits and services.
• To your family or friends or any other individual identified by you to the extent directly related to such person’s involvement in your care or the payment for your care. We may use or disclose your PHI to notify, or assist in the notification of, a family member, or another person responsible for your care, of your location or general condition. If you are available, we will give you an opportunity to object to these disclosures, and we will not make these disclosures if you object. If you are not available, we will determine whether a disclosure to your family or friends is in your best interest, based upon our professional judgment.
• When permitted by law, we may coordinate our uses and disclosures of PHI with public or private entities authorized by law or by charter to assist in disaster relief efforts.
• We will allow your family and friends to act on your behalf to pick-up filled prescriptions, medical supplies, X-rays, and similar forms of PHI, when we determine, in our professional judgment, that it is in your best interest to make such disclosures.
• We may use or disclose your PHI for research purposes, subject to the requirements of applicable law. For example, a research project may involve comparisons of the health and recovery of all patients who received a particular medication. When required, we will obtain a written authorization from you prior to using your health information for research.
• We will use or disclose PHI about you when required to do so by applicable law.
• In accordance with applicable law, we may disclose your PHI to your employer if we are retained to conduct an evaluation relating to medical surveillance of your workplace or to evaluate whether you have a work-related illness or injury. You will be notified of these disclosures by your employer or the Practice as required by applicable law.

Note: incidental uses and disclosures of PHI sometimes occur and are not considered to be a violation of your rights. Incidental uses and disclosures are by-products of otherwise permitted uses or disclosures which are limited in nature and cannot be reasonably prevented.

SPECIAL SITUATIONS

Subject to the requirements of applicable law, we will make the following uses and disclosures of your PHI:

• Organ and Tissue Donation. If you are an organ donor, we may release PHI to organ procurement or transplant agencies as necessary to facilitate organ or tissue donation and transplantation.
• Military and Veterans. If you are a member of the Armed Forces, we may release PHI about you as required by military command authorities.
• Worker’s Compensation. We may release PHI for programs that provide benefits for work-related injuries or illnesses.
• Public Health Activities. We may disclose PHI about you for public health activities, including disclosures:
  • To prevent or control disease, injury, or disability;
  • To report births and deaths;
  • To report child abuse or neglect;
  • To persons subject to the jurisdiction of the Food and Drug Administration (FDA) for activities related to FDA-regulated products or services and to report reactions to medications or problems with products;
  • To notify a person who may have been exposed and may be at risk of a disease.

• Health Oversight Activities. We may disclose PHI to federal or state agencies that oversee our activities (e. g. , providing health care, seeking payment, and civil rights).
• Lawsuits and Disputes. If you are involved in a lawsuit or a dispute, we may disclose PHI subject to certain limitations.
• Law Enforcement. We may release PHI if asked to do so by a law enforcement official:
  • In response to a court order, warrant, or summons;
  • To identify or locate a suspect, fugitive, material witness, or missing person;
  • About the victim of a crime under certain limited circumstances;
  • About a death we believe may be the result of criminal conduct;
  • About criminal conduct on our premises; or
  • In emergency circumstances, to report a crime.

• Coroners, Medical Examiners and Funeral Directors. We may release PHI to a coroner, medical examiner, or funeral director as necessary to carry out their duties.
• National Security and Intelligence Activities. We may release PHI about you to authorized federal officials for intelligence, counterintelligence, and other national security activities authorized by law for the protection of the President or foreign heads of state.
• Inmates. If you are an inmate of a correctional institution or under the custody of a law enforcement official, we may release PHI about you to the correctional institution or law enforcement official. This release would be necessary:
  • To provide you with health care;
  • To protect your, and others’, health and safety; or
  • For the safety and security of the correctional institution.

• Serious Threats. As permitted by applicable law and standards of ethical conduct, we may use and disclose PHI if we, in good faith, believe that the use or disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public or is necessary for law enforcement authorities to identify or apprehend an individual.

Note: HIV‑related information, genetic information, alcohol and/or substance abuse records, mental health records and other specially protected health information may enjoy certain special confidentiality protections under applicable state and federal law. Any disclosures of these types of records will be subject to these special protections.

OTHER USES OF YOUR HEALTH INFORMATION

Certain uses and disclosures of PHI will be made only with your written authorization, including uses and/or disclosures: (a) of psychotherapy notes (where appropriate); (b) for marketing; and (c) that constitute a sale of PHI under the Privacy Rule. Other uses and disclosures of PHI not covered by this notice or the laws that apply to us will be made only with your written authorization. You have the right to revoke that authorization at any time, provided that the revocation is in writing, except to the extent that we already have taken action in reliance on your authorization.

YOUR RIGHTS

1. You have the right to request restrictions on our uses and disclosures of PHI for treatment, payment and health care operations. We are not required to agree to your request unless the disclosure is to a health plan in order to receive payment, the PHI pertains solely to health care items or services for which you have paid the bill in full, and the disclosure is not otherwise required by law. To request a restriction, you may make your request in writing to the Privacy Officer.
2. You have the right to reasonably request to receive confidential communications of your PHI by alternative means or at alternative locations. To make such a request, you may submit your request in writing to the Privacy Officer.
3. You have the right to inspect and copy the PHI contained in our Practice records. In certain limited circumstances we may be permitted to deny your request without an opportunity to appeal and we will inform you of the basis for such denial. In order to inspect or obtain a copy your PHI, you may submit your request in writing to the Medical Records Custodian. If you request a copy, we may charge you a fee for the costs of copying and mailing your records, as well as other costs associated with your request.

We may also deny a request for access to PHI under certain circumstances if there is a potential for harm to yourself or others. If we deny a request for access for this purpose, you have the right to have our denial reviewed in accordance with the requirements of applicable law.

4. You have the right to request an amendment to your PHI but we may deny your request for amendment,. In any event, any agreed upon amendment will be included as an addition to, and not a replacement of, already existing records. In order to request an amendment to your PHI, you must submit your request in writing to Medical Record Custodian at our Practice, along with a description of the reason for your request.

5. You have the right to receive an accounting of disclosures of PHI made by us to individuals or entities other than to you for the six years prior to your request, except for certain disclosures precluded by law. To request an accounting of disclosures of your PHI, you must submit your request in writing to the Privacy Officer at our Practice.

6. You have the right to receive a notification, in the event that there is a breach of your unsecured PHI, which requires notification under the Privacy Rule.

COMPLAINTS

If you believe that your privacy rights have been violated, you should immediately contact us by emailing contact@emerest.com. We will not take action against you for filing a complaint. You also may file a complaint with the Secretary of the U. S. Department of Health and Human Services.

CONTACT PERSON

If you have any questions or would like further information about this notice, please email us at contact@emerest.com.

This notice is effective as of July 28, 2023