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PRIVACY NOTICE

Effective Date: November 11, 2014

H & R Accounts Inc., d/b/a Avadyne Health, (collectively, "Avadyne Health," "we" or "us") and its third-party vendors provide this website (this "Site") and related websites, applications, services and mobile applications on or to which are linked or referenced and any services or mobile applications linked to or accessible to or through the Site (collectively with this Site, the "Services").

This Privacy Notice describes:

  • The information that we collect information through the Services and how we collect it
  • How we use and disclose the information we collect
  • Your choices regarding the collection and processing of certain information that we collect from you

PLEASE READ THIS PRIVACY NOTICE CAREFULLY BEFORE YOU USE THE SERVICES.

When you submit information to or through the Services, you hereby consent to the collection and processing of information as set forth in this Privacy Notice.

If you have not done so already, please also review our Terms of Service ("Terms"). The Terms contain provisions that limit our liability to you and require you to resolve any dispute with us through final and binding arbitration on an individual basis and not as part of any class or representative action.

IF YOU DO NOT AGREE TO THIS PRIVACY NOTICE OR THE TERMS, THEN PLEASE DO NOT USE THE SERVICES.

1. CHANGES TO THIS PRIVACY NOTICE

The Effective Date of this Privacy Notice is set forth at the top of this webpage. Whenever possible, we will provide you with advance written notice of our changes. We will not make retroactive changes that reduce your privacy rights unless we are legally required to do so. Your continued use of the Services after the Effective Date constitutes your acceptance of the amended Privacy Notice. The amended Privacy Notice supersedes all previous versions.

2. INFORMATION WE COLLECT

We collect two types of information ("Information"):

  • "Personal Information" is information associated with or that can be used to identify a specific individual, such as name, email address, account number, postal address, zip code or telephone number.
  • "General Information" is information about an individual's online activity that, by itself, cannot be used to identify him or her, such as browser type, operating system and the dates/times of Services access.

Personal Information and General Information may be linked together. Different types of General Information also may be linked together and, once linked, may identify an individual person.

3. HOW WE COLLECT INFORMATION

We collect Information that you provide to us and from your use of the Services. The Information collected and how we process it depends on how you use and access the Services.

a. Information that You Provide to Us: You may provide us with your Personal Information when you create an account, complete online forms, contact us for help or information or otherwise voluntarily supply your Personal Information to us. We may collect Information, which may be Personal Information, as otherwise described to you at the point of collection or pursuant to your consent.

b. Information that We Collect When You Use the Services: When you use the Services, we may automatically collect Information about how you interact with the Services, such as (i) IP address; (ii) domain server; (iii) type of device(s) used to access the Services; (iv) web browser(s) used to access the Services; (v) statistics and information associated with the interaction between your browser or device and the Services (collectively "Usage Data"). Depending on applicable law, some Usage Data may be Personal Information.

c. Information from Other Sources: Third-party service providers that assist us with our business operations also collect Information (including Personal Information and Usage Data) on our behalf. We and our service providers may use cookies, web beacons and other Tracking Technologies (defined and described in Section 4 below) to this Information.

4. HOW WE USE TRACKING TECHNOLOGIES AND RESPOND TO DO NOT TRACK SIGNALS

In this Privacy Notice, "Tracking Technologies" means technology that collects Information about your use of the Services, such as cookies and web beacons.

The Tracking Technologies that we may use and how we may use them include:

  • Cookies: A "cookie" is a small text file placed in your web browser directory to store information about your use of the Services. A cookie may be either permanent or temporary. A temporary (or session) cookie is deleted when you close your web browser or turn off your computer. A permanent (or persistent) cookie is stored until deleted.

Cookies help us improve your experience of the Services by, for example, recognizing you when you return to the Site. Cookies placed in your web browser directory by us are called "first party cookies". Cookies placed in your web browser directory by third parties are called "third party cookies". A third-party cookie may recognize your computer both when it visits the Site and also when it visits other websites serviced by the same third party providing the cookie. To find out more about cookies, visit www.allaboutcookies.org.

  • Website Analytics: We may use third-party website analytics services in connection with the Services, including, for example, to record mouse clicks, mouse movements, scrolling activity and text that you type in to free-form text boxes. These website analytics services generally do not collect Personal Information unless you voluntarily provide it and generally do not track your browsing habits across websites which do not use their services. We use the information collected from these third-party services to help improve and make the Services easier to use.
  • Mobile Device Identifiers : Mobile device identifiers are files stored on your mobile device that can be used to track your mobile device and data and activities occurring on and through it, as well as the applications installed on it. Mobile device identifiers function like cookies because they enable collection of Personal Information (such as media access control and location) and Usage Data. As with other Tracking Technologies, mobile device identifiers help us learn more about our users' demographics and internet behaviors.

(b) How We Respond to Browser "Do Not Track" Signals: Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a "Do Not Track" (DNT) or similar feature that signals to websites that a visitor does not want to have his/her online activity and behavior tracked. If a website that responds to a particular DNT signal receives the DNT signal, the browser can block that website from collecting certain Personal Information about the browser's user. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, we and many website operators do not respond to DNT signals. For more information about DNT signals, visit http://allaboutdnt.com.

(c) Options for Opting Out of Cookies and Mobile Device Identifiers: Some web browsers (including some mobile web browsers) provide settings that allow you to reject Cookies or to alert you when a Cookie is placed on your computer, tablet or mobile device. Although you are not required to accept our Cookies or mobile device identifiers, if you block or reject them, you may not have access to all features of the Services.

5. HOW WE PROCESS INFORMATION

a. How We Use Information

We use Information that we collect about you or that you provide to us to operate, maintain and enhance the Services, including:

  • To present the Services and its content to you;
  • For customer service and to troubleshoot problems;
  • To prevent and detect fraud;
  • To provide you with information or services that you request from us;
  • To generate statistical information about how users interact with the Services;
  • To carry out our obligations and protect our rights arising from any contracts entered into between you and us, including our Terms of use;
  • To protect the safety and security of users of the Services;
  • To fulfill any other purpose for which you provide Information to us or to which you consent;
  • To prevent potentially prohibited or illegal activities and comply with applicable laws and regulations;
  • To call or send a text message (SMS) that you agreed to receive via the landline or mobile phone number that you have provided to us; and
  • In any other way we may describe at the time you provide Information.

We do not sell or rent your Personal Information to third parties for their marketing purposes without your explicit consent.

b. How We Disclose Information

We may disclose Personal Information to:

  • Third-party service providers that assist us with our business operations, such as technology services;
  • Enforce our agreements with users or other third parties;
  • Protect the safety and security of users of the Services
  • Law enforcement or governmental agencies to respond to a subpoena, search warrant or other lawful request for Information received by us, whether or not a response is required by applicable law;
  • Comply with a law, rule or regulation that we believe applies to our operation of the Services;
  • Companies with which we plan to merge or an acquirer of all or substantially all of Avadyne Health's assets;
  • Other third parties with your consent or direction to do so.

c. How We Store Information

We store and process your personal information on computers in North America that are either (a) owned and maintained by us, or (b) owned and maintained by third parties contractually providing a server interface and software platform to facilitate operation of the Site and/or the Services provided. Together with those third-party vendors, we take steps to protect your information by using physical, technical and administrative security measures to help reduce the risks of loss, misuse, unauthorized access, disclosure and alteration.

6. LINKED SERVICES

This Privacy Notice applies solely to information collected by or through the Services. As noted in the Terms, the Site and/or Services may contain links to third-party websites and services, including social media (collectively, "Linked Services"). Linked Services are not under the control of Avadyne Health and Avadyne Health is not responsible for Linked Services. The inclusion of a link does not imply endorsement by Avadyne Health of the Linked Services or any association with the operators of the Linked Services. Avadyne Health does not investigate, verify or monitor the Linked Services. Avadyne Health provides links to Linked Sites for your convenience only. You access Linked Services at your own risk. We encourage you to read about the privacy practices of any website that you access.

7. THE SERVICES ARE NOT FOR USE BY CHILDREN UNDER AGE 13

The Services is designed and intended for adults. In accordance with the Children's Online Privacy Protection Act (COPPA), we do not knowingly collect, store or use Personal Information about children under age 13. Please contact us you have reason to believe that a child under the age of 13 has provided us with Personal Information.

8. INFORMATION FOR CALIFORNIA RESIDENTS

A business subject to California Civil Code section 1798.83 is required to disclose to its California customers, upon request, the identity of any third parties to whom the business has disclosed Personal Information within the previous calendar year, along with the type of Personal Information disclosed, for the third parties' direct marketing purposes. If you are a California resident and would like to make such a request, please submit your request in writing to:

Avadyne Health

Attn. Corporate Compliance Officer
3131 Camino del Rio North, Suite 1500
San Diego, CA 92108

Please note that under California law, we are only required to respond to a customer request once during any calendar year

CONTACTING AVADYNE HEALTH

If you have any questions about the Services, this Privacy Notice, or Avadyne Health, please contact us at:

Avadyne Health
Attn. Corporate Compliance Officer
3131 Camino del Rio North, Suite 1500
San Diego, CA 92108