PRIVACY POLICY

Effective date: March 22, 2023

We at Dear Brightly know you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our Privacy Policy. 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.

Remember that your use of Dear Brightly’s Services is at all times subject to the Terms of Use, which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.

What does this Privacy Policy cover?

This Privacy Policy covers our treatment of personally identifiable information ("Personal Information") that we gather when you are accessing or using our Services, but not to the practices of companies we don’t own or control, or people that we don’t manage. We gather various types of Personal Information from our users, as explained in more detail below, and we use this Personal Information internally in connection with our Services, including to personalize, provide, and improve our services, to allow you to set up a user account and profile, to contact you and allow other users to contact you, to fulfill your requests for certain products and services, and to analyze how you use the Services. In certain cases, we may also share some Personal Information with third parties, but only as described below.

As noted in the Terms of Use, the Services are intended for users ages 18-65 only. Additionally, we do not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at support@dearbrightly.com.

Under a federal law called the Health Insurance Portability and Accountability Act (“HIPAA”), some of the demographic, health and/or health-related information that Dear Brightly collects as part of providing the Services may be considered “protected health information” or “PHI.” Specifically, Dear Brightly provides technological and other services to connect patients to licensed medical providers (“Healthcare Providers”) and to the extent Dear Brightly receives identifiable information about you from or on behalf of Healthcare Providers, that information may be PHI. HIPAA provides specific protections for the privacy and security of PHI and restricts how PHI is used and disclosed. Dear Brightly may only use and disclose your PHI in the ways permitted by your Healthcare Provider(s).

Will Dear Brightly ever change this Privacy Policy?

We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time as well, but we will alert you to changes by placing a notice on the www.dearbrightly.com website, by sending you an email, and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes.

What Information does Dear Brightly Collect?

Information You Provide to Us:

We receive and store any information you knowingly provide to us. For example, when you register for an Account, purchase a Product, or otherwise use the Services, we may collect Personal Information such as your name, email address, mailing address, phone number and health or medical information (for example,medical records, doctor-patient interactions, age, gender, health background, health status, prescribed and over-the-counter medications, medical ID number, driver's license number, laboratory testing results, and photographs). Certain information may be required to register with us or to take advantage of some of our features.

If permitted by law, we may communicate with you if you’ve provided us the means to do so. For example, if you’ve given us your email address, we may send you promotional email offers on behalf of other businesses, or email you about your use of the Services. Also, we may receive a confirmation when you open an email from us. This confirmation helps us make our communications with you more interesting and improve our Services. Additionally, Dear Brightly may send you email correspondence that may contain details of your treatment. These emails will never contain your photos or payment information. Dear Brightly will never request that you email us any protected health information or payment information. If you do not want to receive communications from us, please indicate your preference by clicking the unsubscribe link included at the bottom of a Dear Brightly email. You cannot opt out of certain emails we need to send you relating to normal business operations (for example, notifying you of a message from your medical provider). To opt out of all emails from Dear Brightly, you may email support@dearbrightly.com and cancel your Dear Brightly membership.

Information Collected Automatically

Whenever you interact with our Services, we automatically receive and record information on our server logs from your browser or device, which may include your IP address, geolocation data, device identification, “cookie” information, the type of browser and/or device you’re using to access our Services, and the page or feature you requested. “Cookies” are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our Services are visited and by how many people. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features.

Our advertising partners may also transmit cookies to your browser or device, when you click on ads that appear on the Services. Also, if you click on a link to a third party website or service, a third party may also transmit cookies to you. Again, this Privacy Policy does not cover the use of cookies by any third parties, and we aren’t responsible for their privacy policies and practices. Please be aware that cookies placed by third parties may continue to track your activities online even after you have left our Services, and those third parties may not honor “Do Not Track” requests you have set using your browser or device.

We may use this data to customize content for you that we think you might like, based on your usage patterns. We may also use it to improve the Services – for example, this data can tell us how often users use a particular feature of the Services, and we can use that knowledge to make the Services interesting to as many users as possible.

Information Collected From Other Websites and Do Not Track Policy

Through cookies we place on your browser or device, we may collect information about your online activity after you leave our Services. Just like any other usage information we collect, this information allows us to improve the Services and customize your online experience, and otherwise as described in this Privacy Policy. Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Services and after you leave our Services.

Will Dear Brightly Share Any of the Personal Information it Receives?

We do not rent or sell your Personal Information in personally identifiable form to anyone, provided certain Personal Information may be transferred in connection with business transfers, as described below. We may share your Personal Information with third parties as described in this section:

Information that’s been de-identified. We may de-identify your Personal Information so that you are not identified as an individual, and provide that information to our partners. We may also provide aggregate usage information to our partners (or allow partners to collect that information from you), who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. For example, we may use Segment and Google Analytics to analyze and improve our Services. For more information on how Segment uses data when you use the Services, please visit https://segment.com/docs/legal/privacy/. For more information on how Google uses data when you use the Services, please visit www.google.com/policies/privacy/partners/. Except as set forth in the “Information Shared with Healthcare Providers” section below, we never disclose aggregate usage or de-identified information to a partner (or allow a partner to collect such information) in a manner that would identify you as an individual person.

Advertisers: We allow advertisers and/or merchant partners (“Advertisers”) to choose the demographic information of users who will see their advertisements and/or promotional offers and you agree that we may provide any of the information we have collected from you to an Advertiser, in order for that Advertiser to select the appropriate audience for those advertisements and/or offers. We may disclose information that could identify you personally; however, we only will disclose information as strictly necessary for the business purpose(s) of the disclosure. For example, we might use the fact you are located in San Francisco to show you ads or offers for San Francisco businesses. Or, we might allow Advertisers to display their ads to users with similar usage patterns to yours. Note that if an advertiser asks us to show an ad to a certain audience or audience segment and you respond to that ad, the advertiser may conclude that you fit the description of the audience they were trying to reach.

Google Analytics: We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://policies.google.com/technologies/partner-sites. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Affiliated Businesses: In certain situations, businesses or third party websites we’re affiliated with may sell or provide products or services to you through or in connection with the Services (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.

Agents:We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you; for example, we may use a payment processing company to receive and process your credit card transactions for us. We currently use Stripe as our Payment Processor (www.stripe.com). Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us. Note that an “agent” may also be considered a “partner” in certain circumstances, and would be subject to the terms of the “Information that’s been de-identified” section in that regard.

Information Shared with Healthcare Providers: In order to provide you the services you request, we may share your Personal Information with Healthcare Providers for dermatological diagnosis and treatment of skin. For example, when you submit photographs or medical history information using the Services, we will share that Personal Information with your Healthcare Providers in order to provide the Services and appropriate Products to you. We may also share your Personal Information with your Healthcare Providers to enable them to refer you to other Healthcare Providers on your behalf or to perform analyses on potential health issues or treatments, provided that you choose to use the applicable Services.

User Submissions: Certain user information, including testimonials, feedback, and suggestions, along with your name and User ID, that you have provided to us in connection with the Services, may be displayed to other users to facilitate user interaction within the Services. Please remember that any testimonials, feedback or suggestions that you voluntarily disclose to us for the purpose of posting online becomes publicly available, and can be collected and used by anyone.

Business Transfers: We may choose to buy or sell assets, and may share and/or transfer customer information in connection with the evaluation of and entry into such transactions.Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.

Protection of Company and Others: We reserve the right to access, read, preserve, and disclose any information that we believe is necessary to comply with law or court order; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of Company, our employees, our users, or others.

Is Personal Information about me secure?

Your account is protected by a password for your privacy and security. If you access your account via a third party site or service, you may have additional or different sign-on protections via that third party site or service. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password and/or other sign-on mechanism appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

What Personal Information can I access?

Through your Account settings, you may access, and, in some cases, edit or delete the following information you’ve provided to us:

• name and password
• email address
• location
• user profile information, including images and videos you have uploaded to the site.

The information you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us at support@dearbrightly.com.

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Information to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at support@dearbrightly.com. California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: support@dearbrightly.com.

What choices do I have?

You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our features.

You may be able to add, update, or delete information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request deletion of your account by emailing support@dearbrightly.com, but some information may remain in our records after your deletion of such information from your account. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.

What if I have questions about this policy?

If you have any questions or concerns regarding our privacy policies, please send us a detailed message to support@dearbrightly.com, and we will try to resolve your concerns.