Privacy Policy for 83Bar, Inc.

83bar, Inc. (“83bar”, “we”, “our”, or “us”) respects your privacy and is committed to protecting your personal information. This privacy notice is governed by 83bar and explains how we collect, use, disclose and safeguard your information when you interact with us through our website, call center, and other digital platforms. This policy complies with applicable U.S. privacy laws, including the California Consumer Privacy Act (CCPA/CPRA), Virginia Consumer Data Protection Act (VCDPA), Colorado Privacy Act (CPA), Connecticut Data Privacy Act (CTDPA), Utah Consumer Privacy Act (UCPA), Washington My Health My Data Act (MHMDA), and federal laws such as the Telephone Consumer Protection Act (TCPA), the Controlling the Assault of Non-Solicited Pornography And Marketing Act (CAN-SPAM), and the Health Insurance Portability and Accountability Act (HIPAA).

 

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. By using this Website, you accept the terms of this Policy and the data use practices described herein. By calling 83Bar and/or its representatives directly, you accept the terms of this Policy and acknowledge that you will receive future communications via phone, text, and/or email.

Personal Information We Collect

Personal Information is information, or a combination of pieces of information, that can be used to identify you. Your health and Personal Information is collected, maintained, stored, and protected in accordance with all applicable data privacy laws. We collect the following types of information:

• Demographic information: You may provide us with demographic information such as your name, gender, and age.
• Contact Information: You may provide us with contact information such as email address, phone number, and postal address.
• Information about your health: You may provide us with information relating to your medical condition and diagnosis. This includes answers to questions about your symptoms, prescription information, treatment history, family health history, diagnosis, and other relevant information pertaining to your health.
• Health insurance information: You may provide us with information about your health insurance coverage.
• Tracking: Our servers may collect information from you, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.

How we obtain Personal Information

83Bar only obtains and uses Personal Information that we actually need in order to perform and improve our services. We obtain your Personal Information in a number of ways, specifically when you:

• Provide it by completing an online form, questionnaire, quiz, or survey on our site.
• Provide it while communicating with our call center representatives via telephone, email, text, or web chat.
• Visit our website. We automatically log some basic information like how you got to the site, where you navigated within it, and what features and settings you use. We use this information to improve our websites and services.

How We Use Your Personal Information

We may use your Personal Information for the following:

• Determine initial qualification or disqualification for a clinical trial.
• Verifying your identity to ensure all communications are secure and confidential
• Responding to your inquiries or requests.
• Delivering educational or marketing information, products, and services to you, including that which may be relevant or helpful based on your answers and feedback through surveys and questionnaires (you will always have the ability to opt-out of any such communications or programs).
• Business purposes or analytics, including analyzing a specific patient population or evaluating patient programming (whether internally or to serve our customers).
• To the extent your information is subject to HIPAA privacy and security standards, disclosures of your information may also be made for HIPAA-permitted purposes including the core healthcare functions of treatment, payment for care, and healthcare operations. HIPAA also permits information use and disclosure without the individual’s authorization for certain public policy and benefit purposes, such as in cases of emergencies, court orders/subpoenas, law enforcement purposes, or clinical research, with specific conditions and limitations applicable to such uses and disclosures.
• To help us improve our services by understanding site usage.
• For any other purpose with your consent.

Sharing of Information

We may share your information with:

• Healthcare Manufacturers, Healthcare Providers, Contract Research Organizations, Clinical Trial Sponsors & Clinical Trial Sites (e.g. for eligibility verification)
• Third-Party Service Providers (e.g. for analytics, marketing, support)
• Law Enforcement (if required by law or court order)

If we engage other parties to carry out the activities described above, and in those cases, we will ensure those third parties maintain appropriate data privacy and security safeguards to protect your personal and health information. We do not sell your personal information without you

Third-Party Websites

 Our website may contain links to other websites, however, this Privacy Policy only addresses 83Bar’s use of your information collected through our website. If you choose to link to an external website from our website, you will leave our website. We are not responsible for the privacy practices of any third parties or the content of linked websites. We encourage you to read the applicable privacy policies and terms and conditions of such parties or websites.

Security Measures for Personal Information

The security of your Personal Information is important to us. We follow generally accepted standards to protect your personal information. When we transmit data over the Internet, we protect it through the use of encryption; however, we caution that no means of transmission of data over the Internet or electronically is 100% secure. 83Bar complies with applicable data protection laws, including applicable security breach notification laws.

Retention of Personal Information

We retain the Personal Information we collect from you as long as necessary to fulfill the purpose for which it is collected and to fulfill our legitimate business purposes, or as permitted or required by applicable law.

Use of Tracking Technologies

We may use third-party analytics services like Google Analytics provided by Google Inc. (“Google”), Meta pixel service provided by Meta, Inc. (“Meta”), or other similar products that may use technology tools. These tools may include cookies, tags, pixels, and similar technologies to track online activity. The companies may combine information they collect from your interaction on our website with information they collect from other sources. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your web browser which enables the site or our service provider’s systems to recognize your browser and capture and remember certain information. Cookies may be deleted from your computer or device at any time by utilizing the appropriate web browser settings. A “tag” or “pixel” is a tiny and sometimes invisible image or embedded code, placed on a web page that can report your visit or use to a third party (as described above), which is sometimes shared with that third party in real-time (i.e., when you enter the information or take the action).

We may use tracking technologies to:

• Develop and show more relevant content you may be interested in, such as our products, and services of 83Bar clients.
• Serve relevant ads on platforms such as Google or Facebook.
• Limit the number of times that you see an ad so you don’t see the same ad over and over again.
• Measure the performance of ad campaigns across different browsers and devices used by the same person.
• Gain insights about the people who visit our website and/or view our digital materials.

By visiting our website, you acknowledge that you accept and consent to our privacy practices as well as those of Google Analytics, Meta Pixel, or other similar platforms referenced in this policy. However, in some states, you may have the right to opt-out of your Personal Information being sold or shared for interest-based advertising purposes. To exercise this right, please see below.

Opt-Out from Sale or Sharing of Personal Information for Interest-Based Advertising

Where applicable, you may have the right to opt-out from the sale or sharing of your Personal Information for interest-based advertising. You may be able to manage or disable certain tracking technologies through cookie preference settings, typically accessible via a cookie icon, consent banner or browser settings.As applicable, you can exercise this right as detailed below:

Data Subject Rights

Your rights will vary depending on which laws apply, and different laws may apply depending on where or your data is located. You may make a request to exercise any rights that you may have, and we will take reasonable steps to comply with any laws that apply. Your rights may include:

• Know or be informed: You may have the right to know about and confirm the existence of Personal Information about you, how we use or share it, what categories of Personal Information we process, our purposes of processing, and categories of parties to which we disclose Personal Information.
• Access and portability: You may have the right to access your Personal Information, specific pieces of information, and know of any third parties to whom your Personal Information was disclosed. You may have a right to obtain a copy of your data, including in a machine-readable format.
• Correction: You may have the right to correct or amend your data if it is incomplete, inaccurate, or outdated.
• Deletion or elimination: You may have the right to request your Personal Information be deleted or eliminated. Subject to applicable law, we may de-identify this data in certain circumstances.
• Restriction: You may have a right to restrict processing of your data in some circumstances.
• Objection and opt-out: You may have the right to object to or opt-out of processing of Personal Information about you in certain circumstances.
• Consent and cancelation of consent: You may have the right to consent, and to withhold or cancel that consent, for some practices, including processing of sensitive Personal Information or data on children, or where we use consent as our lawful basis for processing or transfer.
• Non-discrimination: We will not discriminate against you for exercising your rights. This does not necessarily include, where permitted by applicable law in your jurisdiction, cases where a difference in price or services offered is reasonably related to the value provided by Personal Information you provide, or where you consent to participate in a voluntary program offering incentives (such as a loyalty program).
• Appeal: You may have the right to appeal decisions we make about the exercise of your rights. To submit an appeal to a decision we made about the exercise of your rights, you may send an email to us at our contact below. Please enclose a copy, or otherwise specifically reference our decision on your data subject request, to allow us to address your appeal. We will make reasonable efforts to comply with applicable law when we respond to your appeal.
• Make a complaint: You may have the right to complain to regulators, such as your state attorney general, local data protection agency or authority, or other public bodies responsible for data protection and privacy enforcement.

Submitting a Request or Inquiry

If you want to submit a request or inquiry to us regarding privacy rights you may have, you can contact us using our contact information below. You do not have to create an account with us to submit a request. We will make reasonable efforts to respond to your request according to the process described below:

• Your request will be confirmed within ten days of receipt and we will aim to respond within 45 days unless shorter periods are required by law. If we need more than 45 days, we will notify you that your request is being delayed.
• We can only respond to your request if it is verifiable. This means we are obligated to take reasonable steps to verify your identity and your right to access the information you request. In the process of verifying your request, we may contact you to ask for additional information that will help us do so, including government-issued IDs containing your name and address, utility bills containing that same information, and/or unique identifiers like usernames. We will only use that additional information in the verification process, and not for any other purpose. Once we have received and verified the requested information from you, we will contact you with our response to your request, including any data, if applicable. If we do not hear from you or if we are unable to verify your identity for the request, we will contact you to inform you that we cannot process your request because we cannot verify your identity.
• We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
• We will respond to reasonable requests in accordance with applicable law and subject to legal and contractual restrictions. We will not discriminate against you for exercising these rights.
• There may be times where we cannot comply with your request. For example, if such disclosure would interfere with the privacy of others or if it would result in a breach of confidentiality. We will provide an explanation for our refusal to grant access.
• California residents, please also see below for further details.

State-Specific Privacy Rights

California Residents (CCPA/CPRA)

This section applies exclusively to visitors and users of the Site who are residents of the state of California (as defined in Cal. Civil Code § 1798.140(g)) ("Consumers"). As used in this section, the terms "you" and "your" shall only refer to a Consumer. For purposes of this section, "personal information" has the meaning set forth in Cal. Civil Code §1798.140(o).

If you are a Consumer, the California Consumer Privacy Act ("CCPA") provides you with certain rights regarding your personal information. This section supplements the information contained elsewhere in this Policy with respect to Consumers and notifies

Consumers of certain rights they have under the CCPA.

• Right to Notice: You have the right to receive notice about the categories of Personal Information we have collected about you within the last 12 months, the sources from which that information was collected, the third parties we share information with, and whether we have sold your personal information.
• Right to Access: You have the right to receive a copy of your personal information.
• Right to Delete: You have the right to request the deletion of your personal information, subject to certain exceptions.
• Right to non-discrimination: You have the right to not be discriminated against for exercising any of the above-listed rights.
• Right to Opt-Out: You have the right to direct us to not sell your personal information at any time. Consumers who opt in to personal information sales may opt out of future sales at any time. 

Other State Privacy Rights (VA, CO, CT, UT, WA)

Residents of Virginia, Colorado, Connecticut, Utah, and Washington have the right to access, correct, delete, and opt out of data sales.

Exercising Your Rights

To exercise the access, notice, deletion, and opt-out rights described above, please submit a verifiable consumer request by either:

Emailing us at privacy@go83bar.com

Calling us at 1-833-599-1284

To Opt-Out of communications (make a "Request to Opt-Out"), you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link:

https://privacy.83bar.com/optout

Consumer Information under 13 Years of Age

We do not knowingly collect Personal Information online from children under the age of 13. If we learn we have collected or received Personal Information from a child under 13, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at privacy@go83bar.com.

Contact Information

If you have any questions or concerns about our privacy practices with respect to your Personal Information or wish to inquire, you can reach out to 83bar by sending an email to privacy@go83bar.com or by writing to Privacy Officer, 83Bar, PMB 1022, 10900 Research Blvd Ste 160C, Austin, TX 78759.

Changes to this Policy

This Policy may be updated from time to time. When updates are made, the version date located at the bottom of this policy will also be updated accordingly to reflect when revisions have been made. It is advisable to revisit this page and reread this policy to see if any revisions may affect you.

Addendum: Consumer Health Data Policy

Various U.S. state laws provide protections for “consumer health data”. This addendum applies to such information per applicable law.

“Consumer Health Data” is used in this addendum as it is defined in the Washington My Health My Data Act (MHMDA) and other laws applicable to the same or similar data. It generally includes any information that is linked or reasonably linkable to an individual and that identifies that individual’s past, present, or future physical or mental health status. Excluded from Consumer Health Data are certain types of health information, such as when we must collect, use, and disclose health information to meet our regulatory obligations or if it is collected as part of a clinical trial. We do not collect, share, or sell Consumer Health Data except as described in this Privacy Policy or with your consent. Residents of Washington and applicable states may withdraw consent for health data processing at any time by submitting a request to privacy@go83bar.com.

Categories of Consumer Health Data We Collect and Share

We process limited Consumer Health Data for our legitimate business purposes such as providing patient education and support related to other products and services. We may collect Consumer Health Data from categories including, individual health conditions, treatment, diseases, or diagnosis; dynamics interventions, health-related surgeries or procedures; use or purchase of prescribed medication; bodily functions, vital signs and symptoms; diagnoses or diagnostic testing, treatment, or medication; genetic data; precise location information that could reasonably indicate a consumer’s attempt to acquire or receive health services or supplies (i.e., geofencing); and data that identifies a consumer seeking health care services.

Sources of Consumer Health Data

We collect Consumer Health Data directly from you, including when you submit information through our Website, by phone or e-mail, or through other services or platforms we operate.

How We Use Consumer Health Data

We use consumer health data to provide consumers with information and education about Medical products and help connect them to a provider that can provide them diagnosis and treatment options.

How We May Share Consumer Health Data

We may share Consumer Health Data, including the categories of Consumer Health Data, with our affiliated companies, service providers acting on our behalf, and others, including health care providers that you select, as necessary to provide you with the products or services you request or your authorized representatives request on your behalf.

Exercising Your Rights

Based on applicable laws in your state, you may have the right to:

• Confirm whether we are collecting, sharing, or selling Consumer Health Data concerning you and to access this data, including:
  • A list of all third parties and affiliates with or to whom we have shared or sold the Consumer Health Data
  • Access an active email address or other online mechanism that you may use to contact these third parties
• Withdraw consent from us to collect and share your consumer health data
• Request to have Consumer Health Data concerning you deleted and exercise that right by informing us of your request for deletion
• Appeal if we do not address an attempt to exercise one or more of these rights to your satisfaction

You may request that we take the actions outlined in the paragraphs above to exercise rights you may have by submitting a request, at any time, to us. We will seek to respond within forty-five (45) days.

Last Update: 02.21.2025

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