Privacy policy

Version 2.2: Last Modified on , October 21st 2022.

This Privacy Policy is effective on , October 21st 2022 for all users.

Helped values your privacy. This Helped privacy policy (the “Privacy Policy”) details important information about the collection, use, disclosure, retention and protection of your personal information. Helped provides this notice about our practices to help you make an informed decision about whether to use or continue using the Site (as defined below). References to “we”, “us” and “Helped” are to Sway Health, Inc., a Delaware corporation, operating in Denver, Colorado, with its principal offices at 4383 Tennyson Street, Unit 3-I, Denver, CO, 80212.

By providing Helped your personal information or accessing the Site, you are accepting the terms of this Privacy Policy and you are consenting to the collection, use, disclosure and retention of your personal information in accordance with the practices described in this policy. This policy may change from time to time. If Helped makes material changes to this Privacy Policy, Helped will either notify you by email or by posting a notice on the Site prior to the effective date of the changes (see the Changes to This Privacy Policy section below). Each time you use the Site, the current version of this Privacy Policy will apply. Your continued use of the Site after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Please note that any content posted by you onto the Site or through email or SMS text communications related to reviews of our Services or our Clinical Partners, including but not limited to reviews, photos, or videos becomes published content and is publicly available for anyone in the world to view. Helped will display this content on the Site and may distribute it through other third-party sites and services in its sole discretion. Helped cannot control the actions of third parties who could collect this content.

Scope

This Privacy Policy applies to Tryhelped.com, our Helped mobile applications (whether accessed by a tablet, mobile phone or other similar device) and our other websites (collectively, “Site”) whether you browse our Site as either a user or a clinical practice or health care provider who is partnering with Helped (“Helped Clinical Partner”). Finally, this policy applies to information we collect in email, SMS text, phone call, and other electronic messages between you and us. This Privacy Policy does not apply to any third party websites, mobile applications or services, the offline collection of personal information by Helped, or the collection of personal information by Helped Clinical Partners.

Risk of Sending Unencrypted Emails, Texts, and Messages 

Electronic mail (email) and text messaging are forms of communication that may be utilized between you and Helped. We want to make sure you know that unencrypted email and text communications are not secure communications and your personal information could be intercepted by an unauthorized individual after it is sent.

Email and text communications may be accessible to clinical support staff as needed for our operations. Incoming email and text communications will be reviewed and answered as soon as possible. EMAIL COMMUNICATION SHOULD NEVER BE USED IN THE CASE OF AN EMERGENCY OR FOR URGENT REQUESTS FOR INFORMATION. We are not able to encrypt text messages.

While Helped protects your information that is provided to and stored by Helped, Helped does not control and cannot protect your information when it is transmitted over channels used to access Helped such as Facebook Messenger, and other platforms. These channels may not be secure and may not protect your information. You should review the privacy policy of the channels you use to access Helped to understand how they may or may not protect your information.

Information Helped Collects

Helped acts as a data controller when it collects personal information from you when you visit our Site. For purposes of this Privacy Policy, “personal information” means any data and information relating to an identified or identifiable natural person. Helped collects several types of information from you, including:

Information Helped receives from you:

  • You may provide us with your personal information when you voluntarily fill in forms on our Site. For example, you may provide us with your first and last name, telephone number, email address and desired treatment when you fill out a form to be connected with a Helped Clinical Partner.
  • When, as a Helped Clinical Partner, you purchase paid products or services within the Site, you may provide us with your first and last name, email address and telephone number in order to process your payment. As explained below, we use a third party payment processor to process the payments on our behalf and we never have access to, store or collect a Helped Clinical Partner’s payment card details.
  • You may also provide us with personal information through your participation in asking Helped Clinical Partners questions through email or text communications.
  • You may also provide Helped with personal information in order to participate in various activities on the Site such as entering giveaways or sweepstakes, taking advantage of promotions, responding to surveys, subscribing to newsletters or other mailing lists or completing a form related to one of our products or services.
  • You may also provide us with your personal information when you report a problem with our Site.
  • From time to time, you may also provide Helped with your information if you submit reviews and comments via email, SMS, or web form (“User Contributions”). You understand that your User Contributions may be published or displayed on public areas of the Site.

 Information Helped collects Automatically:

  • Cookies Information. When you visit the Site, we (and third parties with whom we partner) may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser. The cookies may transmit information about you and your use of the Site such as your browser type, IP address, advertisement data and the date and time of your use of the Site. 
  • Log File Information. When you use the Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages and the date and time of your requests. Helped collects this information in order to improve the Site.
  • Web Beacons. When you use the Site, we may employ third party web beacons or “clear gifs” which are used to track the online usage patterns of our users anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use web beacons in HTML-based emails sent to our users to track which emails are opened by recipients. Helped uses web beacons in order to measure the effectiveness of our offerings and content. 
  • Location Information and Device Information. When you access the Site from a mobile device or tablet, Helped may be able to collect your location information if this feature is enabled on your mobile device or tablet. In addition, if you are accessing the Site from your computer, then Helped may be able to collect your general location information from your IP address. Helped may use this information to provide you with a personalized user experience by showing you content relevant for your geographic location. If you are accessing the Site through a mobile device or tablet and you do not want to share your precise geolocation information with Helped, then you may be able to turn off this feature on your mobile device or tablet. Helped may also collect information it receives from your devices when you access the Site including: Device ID or unique identifier, device type, ID for advertising, and unique device token.
  • Third-Party Use of Cookies and Other Tracking Technologies. Some content or applications, including advertisements, on the Site are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons and other tracking technologies to collect information about you when you use our Site. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. Helped does not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
  • Third Party Social Media. If you use Facebook or other third party social media accounts to communicate with Helped, you understand that Helped may receive information about you (including information about friends, connections, contact information and demographic information) from those third party sites and that information may be transmitted to Helped. If you communicate with Helped through your third-party social media account, then you agree that Helped may collect, use and retain the information provided by the third-party social media sites. The information collected by Helped from the third party social media sites may depend on your privacy settings with those third party sites. As a result, you should consult the privacy notices or policies of those third party social media sites. Helped may also use plug-ins or other technologies from various social media sites. If you click on a link provided by a social media plug-in, you are voluntarily establishing a connection with the social media site and you should consult the privacy policy of the social media site to learn more about their privacy practices. This privacy policy does not apply to the third party social media websites.
  • Helped may also receive personal information about you from third parties, for example, our business partners and the Helped Clinical Partners.

 

Uses of Information that Helped Collects

Helped uses the information, including personal information, that we collect about you or that you provide to us for a range of different business purposes. We use your personal information to track usage of the Site, to market the Site, to improve the Site features and functionality, to back up our systems and to provide customer support. 

Helped uses the personal information that we collect about you or that you provide to us:

  • To provide our Site and its contents to you
  • To provide customer support, including responding to your requests and contacting you about the requests
  • To provide you notices (such as updates to this Privacy Policy, the Member or Provider Terms of Service, or for other customer service purposes)
  • When contacting you to connect you to Helped Clinical Partners on the Site, Helped may contact you via email, SMS/text messages or by telephone. Message and data rates may apply
  • To monitor the usage of our Site, improve the quality and design of the Site, and create new features, functionality, and services
  • To validate the authenticity of and display user reviews
  • To customize advertising you may see on our Site
  • To notify you of major Site changes
  • To measure the performance of email marketing campaigns
  • To communicate with you regarding our services
    • Helped uses your phone number to send you messages and ask you questions about your medical history, discuss your potential treatment options, and suggest Helped Clinical Partners who may be able to offer you care
    • We use your telephone number to call you if we have any questions, to leave you voice messages if you don’t answer the telephone when we call you, and to call you to ask for feedback on your experience of using the service. We also use your telephone number to send you SMS/text message notifications
    • If we need to telephone you, then we share your telephone number with our telecommunication provider
  • To send commercial or marketing messages
    • To provide you with a personalized user experience by showing you content relevant for your geographic location
    • To customize advertising you may see on third party websites
    • To provide you with marketing from third parties
    • For any other purpose, with your consent
  • To run our operations
  • To send inquiries to Helped Clinical Partners and ensure that we are providing a service that meets the appropriate standard of care
  • To allow Helped Clinical Partners to schedule consultations and provide care to you
  • We store information you provide us with whether you complete a visit or whether you do not complete a visit. We take the same precautions over your data regardless of whether you complete a visit
  • We may use the information that you provide us to tell you about health-related products and services and remind you of upcoming visits or consultations
  • We may share the information that you provide us with a third party if we merge, are acquired or undergo an asset sale

Note: To the degree Helped receives protected health information (“PHI”) from Helped Clinical Partners, such PHI is handled in accordance with the privacy and security requirements of the Health Insurance Portability and Accountability Act (“HIPAA”).

When Helped Discloses Information

Third Party Service Providers

  • We provide personal information and non-personally-identifiable information to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such information on our behalf, including, but not limited to, providing analytics, monitoring our Site, A/B testing, marketing, distribution of surveys or giveaway programs. We require that these parties agree to process such personal information in compliance with this Privacy Policy and any other appropriate confidentiality and security measures as well as for the sole purpose of providing the specific service to Helped. The third party service providers are not permitted to share the personal information or use it for any other purpose.
  • We share anonymous aggregated user data (such as usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Site.

Fulfill your requests

We will use your personal information to fulfill the purpose for which you provide it. For example, if you submit your first and last name, email address, telephone number, treatment desired and questions or comments through a form on a specific Helped Clinical Partner’s web experience, then Helped will disclose this information to the health care provider identified on the form. In addition, if you submit your mobile phone number through this form, then you understand and consent to Helped and/or the Helped Clinical Partner sending you text messages. You understand that standard text messaging fees and data rates may apply. The information you provide through this form is not used by Helped for any other purpose.

 

If Helped Clinical Partners purchase paid products and services through the Site, the payment information is transmitted directly via an encrypted connection to our third-party payment processors. Helped uses Stripe to process payments, and Stripe stores Helped Clinical Partners’ personal and payment information in accordance with their respective privacy policies.

Helped does not collect or store Helped Clinical Partners’ payment information. You can learn more about Stripe’s privacy practices by reviewing Stripe’s privacy policy at stripe.com/us/privacy. Helped does collect Helped Clinical Partners’ names, email addresses and telephone numbers in order to process their payment and this information is stored by Helped in accordance with this Privacy Policy.

Third-party advertisers

We do not share your personal information (such as name or email address) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.

Helped may allow other companies, called third-party ad servers or ad networks, to serve advertisements within the Site. These third-party ad servers or ad networks use cookies, web beacons and other tracking technologies to send, directly to your browser, the advertisements and links that appear on the Site. They automatically receive your IP address when this happens. In addition, the third-party ad servers or ad networks may use information about your visits to our Site and other websites to provide advertisements about goods and services of interest to you. You should consult the respective privacy policies of these third-party ad servers or ad networks. This Privacy Policy does not apply to, and we cannot control the activities of, such other advertisers or web sites. 

Legal Requests and to Comply with State and Federal Laws

We may disclose personal information if such action is necessary to comply with a legal obligation, to comply with state and federal laws or to respond to a court order, subpoena, or search warrant. Helped may disclose any of your messages or other content as part of investigations related to compliance with any of these activities into the use and operation of the Site.

Helped also reserves the right to disclose personal information that Helped believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to protect the security or integrity of the Site, and to protect the vital interests, property, or personal safety of Helped, our users or others.

In the Event of Merger, Sale, or Bankruptcy

In the event that Helped is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors rights generally, we may not be able to control how your information is treated, transferred, or used.

Your Personal Information Choices

Helped strives to provide you with choices regarding the personal information you provide to us, and we understand that you have rights in your personal information such as the right to access, correct, delete, object to, and restrict the use of your personal information. We also understand that you have the right to obtain a copy of your personal information from us and to withdraw your consent of the processing of your personal information by us. We have created mechanisms to provide you with the following control over your personal information:

  • You can choose not to provide personal information through our Site, in which case Helped may not be able to provide certain services to you or respond to your requests.
  • You may send us an email at support@Tryhelped.com to request access to, correct, or delete any personal information that you have provided to us.
  • If you do not wish to have your email address or other contact information used by us to promote our Site or other products or services, you can opt-out at any time by sending us an email stating your request to support@Tryhelped.com. If we have sent you a promotional email, you may unsubscribe to receive future emails via the unsubscribe link in that email.
  • You may also request a copy of your personal information that you have provided to us directly by sending an email to support@Tryhelped.com. We will provide you a copy of your personal information in a commonly used electronic form.
  • If you wish to know what personal information we hold about you, and if you want it to be removed from our systems, please contact us at support@Tryhelped.com.

In order to fulfill the above requests, Helped may ask you to verify your identity before responding to such requests. If you do not want us to use information that we collect or that you provide to us to deliver advertisements, for analytics or remarketing services, then you may opt-out as described below.

  • For analytics, we use Google Analytics and Smartlook, which are web analytics services that tracks and reports website traffic. Google and Smartlook use the data collected to track and monitor the use of our Site. This data may be shared with other Google services or advertisers. Google and other advertisers may use the collected data to contextualize and personalize the ads of its own advertising network. You can opt-out of having your activity on the Site available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents Google Analytics JavaScript from sharing information with Google Analytics about visits activity. For more information on the privacy practices of Google, please visit Google Privacy & Terms web page at: https://policies.google.com/ Follow the instructions in this guide to prevent your browser from sending data to Smartlook: https://help.smartlook.com/en/articles/3244452-privacy-policy. 
  • Helped uses Google DoubleClick on the Site. Google’s use of the DoubleClick cookie enables it and its partners to serve ads to our users based on their visit to our Site or other websites on the internet. You may opt out of the use of the DoubleClick cookie for interest-based advertising by visiting the Google Ads settings web page at: https://adssettings.google.com/authenticated. You can also opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website: https://optout.networkadvertising.org/?c=1.
  • Helped currently uses Google Ads, which is a marketing service provided by Google. You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads settings page at: https://adssettings.google.com/authenticated In addition, Google also recommends installing the Google Analytics opt-out browser add-on for your web browser, which is available at: https://tools.google.com/dlpage/gaoptout. This tool provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
  • Helped currently uses Facebook Ad Platform, which is a marketing service provided by Meta. You can control how Facebook uses data to serve ads to you by adjusting your preferences on https://www.facebook.com/help/568137493302217.

Our Commitment to Data Security

Helped uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to the Site and you do so at your own risk. Once we receive your information, Helped makes commercially reasonable efforts to ensure the security of your information. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

If Helped learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Helped may post a notice on the Site if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us by email at support@Tryhelped.com.

Children’s Privacy

Protecting the privacy of children is important to Helped. For that reason, Helped does not knowingly collect or maintain personal information from persons under 18 years of age, and no part of the Site is directed to persons under 18. If you are under 18 years of age, then please do not use or access the Site at any time or in any manner. If Helped learns that personal information of persons under 18 years of age has been collected without verified parental consent, then Helped will take the appropriate steps to delete this information.

Visiting Tryhelped.com from outside the United States

The Site is hosted in the United States. If you are accessing the Site from outside the United States, please be advised that the information you provide Helped may be transferred to, processed and stored in the United States where the Helped servers are located and our central database is operated. You acknowledge and understand that the data protection and other laws of the United States might not be as comprehensive as those in your country. Through your continued use of the Site (which is governed by U.S. law, this Privacy Policy, and our Terms of Service), you consent to the transfer of your personal information to the United States.

Retention of Personal Information

Helped will retain your personal information that you have not requested to be deleted only for as long as is necessary for the purposes set forth in the Privacy Policy, provided that Helped will retain and use your personal information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your personal information to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Important Information

Call Monitoring and Recording

Telephone calls to or from Helped may be recorded and monitored by us. Helped records and monitors telephone calls for user support services and for staff training purposes. Helped retains the recordings for a reasonable period of time in order to fulfill the purpose for which the telephone calls were recorded and then the recordings are deleted.

Links to Other Sites

Our Site may contain links to other websites that are not operated by Helped. If you click on a third-party link, you will be directed to that third-party’s website. This Privacy Policy does not apply to the third-party websites and Helped encourages you to review the Privacy Policy of the third-party websites you visit.

Changes to this Privacy Policy

This Privacy Policy may be revised periodically and this will be reflected by the “effective date” above. If we make any material changes in the way in which your personal information is collected, used or disclosed, then we will notify you through the Site or by email. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page. If you object to any of the changes to the Privacy Policy, then you can request that Helped delete your information by contacting us as provided below.

How You Can Contact Us

If you have any questions or complaints about the use or disclosure of your personal information, this Privacy Policy, or our privacy practices, please contact Helped by sending an email to our data protection office at support@Tryhelped.com.