Theryon Privacy Policy

Last Revised December 14, 2016

1. Overview. Theryon, Inc. (“we,” or “Theryon”) respects the privacy rights of customers, visitors, and other users (“you” or “User”) of the services provided by Theryon through its mobile application (“Application”) and website (collectively, the “Site”). Our Site enables individuals to connect with licensed physical therapists (“Physical Therapists”) to provide in-person on demand sessions (“Sessions”). This Privacy Policy sets forth Theryon’s policy with respect to information that is collected from Users of the Site. This Privacy Policy applies only to our Site and not to any other website or mobile applications that you may be able to access from the Site or any website or mobile application of any third party, each of which may have its own privacy policy. Your use of the Site and services and functionalities provided on the Site (collectively, the “Service(s)”) is governed by this Privacy Policy and by Theryon’s Terms of Service, available at www.theryon.com, for users and by contacting support@theryon.com if you are a physical therapist.

The Site is not directed to children and children are not eligible to use our Site. If you are under age 18, please do not attempt to use our Site or provide any Personal Data about yourself to us. If we learn that we have collected Personal Data from a child under age 18, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 18, please contact us at support@theryon.com.

ACCEPTANCE OF POLICY: BY USING THE SITE AND SERVICES YOU HEREBY ACCEPT THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY, AND YOU HEREBY CONSENT TO THE COLLECTION AND USE, OF YOUR INFORMATION AS PROVIDED HEREIN. IF YOU ARE REGISTERING AN ACCOUNT OR USING THE SITE AND SERVICES ON BEHALF OF AN INDIVIDUAL OR ENTITY OTHER THAN YOURSELF, YOU REPRESENT THAT YOU ARE LEGALLY AUTHORIZED BY SUCH INDIVIDUAL OR ENTITY TO ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF.

2. Types of Data We Collect. “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.

  1. Information You Provide To Us. We collect the following types of information:

    • We may collect Personal Data from you, such as your first and last name, gender, e-mail and mailing addresses, professional title, company name, and password when you create an account to log in to our network (“Account”).
    • We collect information in connection with your Sessions.
    • If you use our Site on your mobile device, including through our Site, we may collect your phone number and the unique device id number.
    • If you tell us where you are (e.g., by allowing your mobile device to send us your location), we may store and use that information to provide you with location-based information and advertising. If you want to deactivate this feature, you can either reinstall the Site or deactivate GPS on your mobile device.
    • Our mobile homepage lets you store preferences like your location, safe search settings, and favorite widgets. We may associate these choices with your account or the mobile device, and you can edit these preferences at any time on our mobile homepage.
    • When connecting to our Site via a service provider that uniquely identifies your mobile device, we may receive this identification and use it to offer extended services and/or functionality.
    • The Site may require our collection of your phone number. We may associate that phone number to your mobile device identification information.
    • If you order a Session on our Site, we will collect all information necessary to complete the transaction, including your name, credit card information, billing information and shipping information.
    • If you bill or pay for Sessions via our Site, we will collect all information necessary to facilitate payment, including your bank account information.
    • We retain information on your behalf, such as files and messages that you store using your Account.
    • If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
    • Other information about you provided by to us by you or other users of the Site.

3. Collection and Use of Information via Technology

  1. Information Collected by Our Servers. To make our Site and Services more useful to you, our servers (which may be hosted by a third party service provider) 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.
  2. Log Files. As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, administer the Site, track Users’ movements around the Site, gather demographic information about our User base as a whole, and better tailor our Site to our Users’ needs. For example, some of the information may be collected so that when you visit the Site again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests. Except as noted in this Privacy Policy, we do not link this automatically-collected data to Personal Data.
  3. Cookies. Like many online services, we use cookies to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs.
  4. Pixel Tags. In addition, we use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of Users. In contrast to Cookies, which are stored on a User’s computer hard drive, Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow us to send e-mail messages in a format Users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our Users. We may use this information to reduce or eliminate messages sent to a User. We do not tie the information gathered by Pixel Tags to our Users’ Personal Data.
  5. Mobile Site. We may also collect non-Personal Data from your mobile device if you have downloaded our Application. This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include your geographic location, how you use the Application, and information about the type of device you use. In addition, in the event our Application crash on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our Application. This information is sent to us as aggregated information and is not traceable to any individual and cannot be used to identify an individual.
  6. Analytics. We use Google Analytics or a similar service to help analyze how Users use the Site. Google Analytics uses Cookies to collect information such as how often Users visit the Site, what pages they visit, and what other sites they used prior to coming to the Site. We use the information we get from Google Analytics only to improve our Site and Services. Google Analytics collects only the IP address assigned to you on the date you visit the Site, rather than your name or other personally identifying information. We do not combine the information generated through the use of Google Analytics with your Personal Data. Although Google Analytics plants a persistent Cookie on your web browser to identify you as a unique User the next time you visit the Site, the Cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use and the Google Privacy
  7. Location Information.  If you have enabled location services on your phone, we collect your location information to make a map available to the recipients of your messages showing your location.  If you do not want this information collected by us, you can disable location services on your phone.

4. Theryon’s Use of Your Information

  1. General Use. In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Data in the following ways:

    • facilitate the creation of and secure your Account on our network;
    • identify you as a User in our system;
    • provide improved administration of our Site and Services;
    • provide the Session you request or provide;
    • improve the quality of experience when you interact with our Site and Services;
    • send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created;
    • send you administrative e-mail notifications, such as security or support and maintenance advisories; and
    • send newsletters, surveys, offers, and other promotional materials related to our Site and for other marketing purposes of Company.
  2. User Testimonials and Feedback. We often receive testimonials and comments from Users who have had positive experiences with our Site. We occasionally publish such content. When we publish this content, we may identify you by your first and last name and may also indicate your home city. We obtain your consent prior to posting your name along with the testimonial. We may post feedback on the Site from time to time. We will share your feedback with your first name and last initial only. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting you name with your feedback. If you make any comments on a blog or forum associated with your Site, you should be aware that any Personal Data you submit there can be read, collected, or used by other Users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums.
  3. Creation of Anonymous Data. We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Site and improve Site navigation. We reserve the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in our sole discretion.

5. Sharing of Information
If you book a Session using the Site, Theryon will share your relevant Personal Data with the Physical Therapist you have selected to confirm and validate the availability of the appointment and to facilitate the direct communication between you and the Physical Therapist regarding your booking. By using the Site, you consent to disclosure of your Personal Data to the Physical Therapist to the extent that disclosure is necessary to book the appointment between you and the Physical Therapist.

If you are a Physical Therapist using the Site, you must complete a public profile that provides certain information about you on the Site. We may also share additional information regarding you to other third parties we work with. By using the Site, you consent to disclosure of your Personal Data to individual users and other third parties to facilitate coordination of Sessions.

In addition, we share certain categories of information we collect from you in the ways described in this Privacy Policy, including as described below:

  1. Third Parties Designated by You. When you use the Site, the Personal Data you provide will be shared with the third parties that you designate to receive such information, including other websites, your friends, relatives and business associates.
  2. Third Party Service Providers. We share your information (including Personal Data) with our business partners who assist us by performing services (such as hosting, billing, fulfillment, or data storage and security) related to our operation of the Site and/or by making certain Interactive Tools available to our Users. Those business partners shall be bound to uphold the same standards of security and confidentiality that we have promised to you in this Privacy Policy, and they will only use your contact data and other Personal Data to carry out their specific business obligations to Theryon.
  3. Users. We will share your Personal Data with other Users solely for the purpose of providing the Site.
  4. Affiliates. We may transfer information about you to a parent company, any subsidiaries, joint ventures or other companies under common control (collectively, “Affiliates”), in the event we have such Affiliates in the future, in which case we will require our Affiliates to honor this Privacy Policy.
  5. Corporate Restructuring. We may transfer information about you to another company in connection with a merger, sale or acquisition by or of Theryon, in which case such company may continue to use your information as set forth in this Privacy Policy.
  6. Other Disclosures. Regardless of any choices you make regarding your Personal Data (as described below), Theryon may disclose Personal Data if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Theryon; (c) to protect or defend the rights or property of Theryon or Users of the Site or Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use.

6. Credit Card Information
In order to request a Sessions on the Site, a credit card number may be required. Theryon may collect your credit card information, including card number, CVV, expiration date and billing information, and share it with our payment provider to process payment. The payment provider may store your credit card information for future use on the Site; provided that your CVV number will not be stored and must be re-entered for each credit card transaction. Our third party payment provider is required to keep your credit card information secure. Theryon assumes no responsibility or liability for unauthorized disclosures of your credit card information due to transmission errors, unauthorized third party access or other reasons beyond Theryon’s direct control.

7. Protected Health Information
Additional terms regarding our use and disclosure of individual user protected health information is contained in the Authorization for Use of Health Information located at www.theryon.com.

8. Security; Confidentiality of Information
Theryon will take reasonable steps to protect your Personal Data from unauthorized access, disclosure or alteration. However, please be aware that no data transmission over the Internet or data storage facility can be guaranteed to be perfectly secure. As a result, while we try to protect your Personal Data, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk. You must promptly notify us if your contact data is lost, stolen, used without permission or otherwise compromised. In such an event, we will remove that contact data from your account and update our records.

Except as otherwise outlined in this Privacy Policy, we will keep your Personal Data private and will not share it with third parties, unless we believe in good faith that disclosure of your Personal Data or any other information we collect about you is necessary to: (1) comply with a court order or other legal process; (2) protect the rights, property or safety of Theryon or another party; (3) enforce our Terms of Service; or (4) respond to claims that any posting or other content violates the rights of third-parties.

Email and text messages that Theryon may send you may include Personal Data and such messages are not encrypted. This means that when the messages are sent over a network, someone without your permission may be able to read them. While such interception of messages is illegal, it is possible. Theryon will use commercially reasonable efforts to prevent this from happening. In addition, once a text or email message has been sent to your mobile device or computer, it is your responsibility to keep the personal identifying information contained in such message safe and secure. By using the Site, you agree that you understand and accept the risks detailed herein.

9. Physical Therapists
This Privacy Policy addresses our use and disclosure of information we collect from and/or about Users on the Site. Information made available through the Sites to between individuals and Physical Therapists is required to be used by such Physical Therapists in accordance with all applicable laws, including the Health Insurance Portability and Accountability Act and related statutes and regulations (collectively, “HIPAA”).

10. Public Information
Any information that you may reveal in an account page, profile or other posting or other online forum is open to the public and is not in any way private. You should think carefully before disclosing any Personal Data in any public forum. What you have written may be seen and/or collected by third parties and may be used by others in ways we are unable to control or predict.

11. Controlling Your Personal Data. You have several choices regarding the use of your information on our Site.

  1. Email Communications. We will periodically send you free newsletters and e-mails that directly promote the use of our Site or Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Despite your indicated e-mail preferences, we may send you service related communications, including notices of any updates to our Terms of Use or Privacy Policy.
  2. Cookies and Push Notifications. If you decide at any time that you no longer wish to accept Cookies or Push Notifications from our Site for any of the purposes described above, then you can instruct your browser or operating system, by changing its settings, to stop accepting Cookies or Push Notifications or to prompt you before accepting a Cookie from the websites you visit. Consult your browser and operating system’s technical information. If you do not accept Cookies or Push Notifications, however, you may not be able to use all portions of the Site or all functionality of the Site. If you have any questions about how to disable or modify Cookies or push notifications, please let us know at the contact information provided below.
  3. Changing or Deleting your Personal Data. You can modify some of the Personal Data you have included in your profile or change your username by logging in and accessing your account. Upon your request, Theryon will use commercially reasonable efforts to delete your account and the Personal Data in your profile; however, it may be impossible to remove your account without some residual information being retained by Theryon in our archives. In addition, we may be required (by law or otherwise) to keep your Personal Data and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). After we delete Personal Data, we will retain anonymous (de-identified) information and will continue to use such information as permitted under this Privacy Policy. Once we disclose some of your Personal Data to third parties, we cannot access that Personal Data any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures (including Physical Therapists). Users who wish to close their account should email: support@theryon.com.
  4. Applications. You can stop all collection of information by the Application by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

12. Links to Other Websites
The Site may contain links to unaffiliated third party websites or mobile Sites. Except as set forth herein, we do not share your Personal Data with them. In all cases, Theryon has no control over and is not responsible for their privacy practices. We suggest you read the privacy policies on all such third party websites. Additionally, we cannot guarantee the quality or accuracy of information presented on non-Theryon websites.

13. Updates and Changes to Privacy Policy
We reserve the right, at any time, to add to, change, update, or modify this Privacy Policy. If we make any changes, we will post the amended Privacy Policy on the Site and we may also notify you in other ways. In all cases, continued use of our Site following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

14. Contact Theryon About Privacy
If you have any questions, comments or concerns about this Privacy Policy, please contact us at support@theryon.com.

Last Revised December 14, 2016