Brilliant Care, Inc. (“Brilliant”, “we”, “us”, or “ours”) is committed to protecting your privacy. We have prepared this Privacy Policy and Notice (“Policy”) to describe our practices regarding our collection and use of the personal information of individuals who interact with our mobile app or website (collectively referred to as our “Site”) and to inform you of your rights with respect to our data collection practices. This Policy provides information about the types of personal information that we collect, and what we may do with that information. It also describes with whom we share it, and how we keep it secure.
In this Policy, we will outline and describe the following with respect to the personal information that we collect:
The services that we provide and to which this Policy applies include telemedicine and concierge interactive medical services for consultations, scheduling of medical exams and appointments, and exchanging information between Care Providers and Patients, such as medical records, x-rays, and insurance information (together, the “Services”). In this Policy, the word “you” means any individual using the Site and whose personal information is collected through the Site as a result.
If you create a login account on our Site, the personal information that you provide includes your name, address, telephone number, physician and email address, and such other information as we may require. Also, if you contact us, we collect additional information such as your location, and any personal information that you provide in your contact request. We also collect your personal data when you call us on our service number. This includes information, such as your name and contact information, as well as the content of your message.
We also collect other information in the form of the content that you choose to submit during your use of our Site. For example, when you have a video consultation with a Care Provider, the video is captured through the app, as well as any other information that you may submit to the Care Provider directly through the app, such as medical records, photographs or insurance information. Other information that you may choose to submit when using the Services or our Site include your age, citizenship, details of your medical history, and other personally sensitive information entered into your user account.
Whether or not you create an account with us, certain information that identifies you may be passively collected and stored on our or our service providers’ server logs, including your Internet Protocol (“IP”) address, browser type, operating system and information regarding what pages you accessed when you visited our Site, and when (e.g., the date and time of your visit to our Site), and the information for which you searched and which you viewed.
We may also collect information about you from our third-party integrators and vendors, such as Google Analytics, Blackberry, Amazon Web Services, and similar services. Personal data that we collect through these channels includes for example, IP address, access times, browser type and language, device type, device identifiers.
For each of the categories of personal information set forth in Section I above, we use your personal information in order to provide you with meaningful and relevant Services, enabling you to access the telemedicine and concierge interactive medical services through our mobile app or the website. Specifically, we may use your personal information for the following purposes:
We do not sell your personal information to any third parties, such as advertisers or other businesses for marketing, solicitation or advertising purposes.
We do share your personal information with third party processors who act on our behalf (including contractors and service providers) to provide our web and mobile app services and to help with our operations on our behalf (“Processors”). These Processors need access to and use of your personal information, and include third parties to provide us with technical support and to perform analytics and other work that we may need to outsource. These Processors are bound by law and/or contract to protect the confidentiality and security of your personal information. They only process your personal information to provide requested services for us, and only act on our documented instructions.
We also share aggregated or de-identified information (i.e., information that does not personally identify you directly), or statistical information about you, including statistical data and historical use data, with others for a variety of purposes, including for their own uses, for example, for improving their services for you and others.
In addition, we may disclose any or all categories of your personal information where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. Likewise, we may disclose all such categories of your personal information to our professional advisers as is reasonably necessary for the purposes of managing risks, obtaining professional advice, or the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. Further, we may share some or all of your personal information in connection with or during negotiation of any merger or similar transaction involving sale or transfer of some or all of our business or assets. If another company acquires our company or assets, that company will possess the personal information collected by us and will assume the rights and obligations regarding your personal information as described in this Privacy Policy.
Please note, you cannot opt out of our sharing of your personal information with our Processors or our sharing of deidentified information, or your personal information as required by law or legitimate business interests, as described in Sections III. B., C. and D. above. Also, if you opt out of receiving marketing-related emails from us, we may still send you important administrative messages, from which you cannot opt out.
A special note about your telephone number - By providing your telephone number to us, you agree that this action constitutes an “inquiry” for purposes of telemarketing laws. Regardless of the fact that your telephone and/or mobile number may be listed with the Federal Do-Not-Call Registry or your State Do-Not-Call list, you are providing your express written consent to receive future information (including telemarketing) about products and services from us, and you hereby agree and consent to our contacting you using the information you have provided and will provide to us. This means we may contact you by e-mail, phone and/or mobile number (including use of automated dialing equipment and/or pre-recorded calls), text (SMS) message or any other means of communication that your wireless or other telecommunications device may be capable of receiving (e.g., video, etc.). You are not required to agree to this consent in order to obtain Services through us. This consent may be revoked by you at any time and by any reasonable means, including by emailing us at s.gasper@brilliant.care and putting the words “remove my telephone number” in the subject line of your email, or by telephoning us at 1-877-690-0131
Our Site and the Services we offer through it are U.S. based and are controlled, operated and administered by Brilliant and its Processors from offices and servers within the United States. Our Site and this Privacy Policy is strictly intended for audiences located in the United States and are provided in accordance with and subject to applicable United States law. If you decide to continue to access our Site from your location outside the United States, you hereby agree that your use of the Site or any Services we may offer are subject to this Policy and your personal information will be transferred or processed in the United States, and you may have fewer privacy rights and protections than you have in your country of origin.
We retain your personal information as reasonably necessary to fulfill the purposes for which we collected it and you provided it, and to comply with our legal obligations. In no event will we keep your personal information for longer than is reasonably necessary for the purposes defined in this Policy. You also have the right to request that we delete your personal information, subject to certain exceptions, such as our need to prevent and protect against fraud or other illegal activity, to complete business transactions with you, and for such other purposes as allowed by law. You can correct or update your personal information by updating your profile or by contacting us. For more information on where and how long your personal information is stored, your requests to delete it or correct it, please contact us at the address set forth below in Section IX.
To help protect the privacy of your Personal Data collected by us, we maintain reasonable physical, technical and administrative safeguards. We update and test our security technology on an ongoing basis. We restrict access to your personal information to those employees who need to know that information in order to provide Services to you. In addition, we train our employees about the importance of confidentiality and maintaining the privacy and security of your information.
YOU UNDERSTAND AND AGREE THAT ANY DISPUTE OVER THE PRIVACY OF YOUR INFORMATION IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND THE BRILLIANT USER AGREEMENT.
If you have questions about our privacy practices and this Privacy Policy, or if you wish to correct any of your information or exercise your rights under the law or this Policy, you can contact us as follows:
Brilliant Care, Inc. attention Muthaiah Vairavan m.vairavan@brilliant.care Mail address 477 Madison Avenue, 6th Floor, New York, NY 10022 Telephone: 1-877-690-0131
Please be specific when telling us what your request is.
Children under the age of 13 are not permitted to use the Brilliant Site or Services and we do not intentionally collect or maintain personal information from those who are under 13 years old. Protecting the privacy of children is very important to us. Thus, if we obtain actual knowledge that a user is under 13, we will take steps to remove that user’s personal information from our databases. We recommend that children between the ages of 13 and 18 obtain their parents’ permission before submitting information over the Internet. By using the Brilliant Site or Services, you are representing that you are at least 18 years old, or that you are at least 13 years old and have your parents’ permission to use the website and any Services offered by us.
If you are a California resident (“you” or a “California Customer”), California law may apply to how we collect and use your personal information, and what rights you have in some circumstances. The following terms supplement our Privacy Policy and explain the rights of California Customers under the California Consumer Privacy Act (“CCPA”).
The following sets forth the categories of information we collect and purposes for which we may use a California Consumers’ personal information collected by us:
Categories of Personal Information We Collect About You:
The categories of personal information we may have collected about you or your use of our Services are:
In the past 12 months we have not sold any of the information listed in the above categories to any advertisers or other third parties. Additionally, during this time period we have also disclosed all or substantially all of this personal information to our Processors for permissible business reasons. More details on the personal information we may collect are set forth in the “Categories of Information We Collect and Process” section above, found here. More details on the personal information we have disclosed are set forth in the “With Whom We Share Your Information” section above, found here.
Categories of Sources from Which We Collected Personal Information
The sources from which we may have collected personal information about you or your use of the Services are:
and as described in more detail in the Information We Collect and Obtain here.
Your California Privacy Rights
A California Customer may request information about whether we have sold or disclosed personal information to any third parties for the third parties’ direct marketing purposes or for our business purposes. In general, if we have made such a sale or disclosure of your personal information, upon receipt of a verified request from you, we are required to provide a list of all third parties to whom your personal information was either sold or disclosed for business purposes in the preceding 12 months following your request, as well as a list of the categories of personal information that were sold or disclosed, the sources of it, and what it was used for. You may also request a copy of the personal information that we have collected about you in the last 12 months.
You may have certain additional rights under the CCPA. You may request that we delete certain information we have about you. There may be exemptions from such requests under applicable law. For example, we need certain types of information so that we can provide the Services to you and for compliance with applicable law. You also have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your rights under the CCPA. This means that we will not penalize you for exercising your rights by taking actions such as denying you Services; decreasing Service quality; or suggesting that we may penalize you for exercising your rights. We do not share your personal information collected by us with third parties for their direct marketing purposes without giving you the opportunity to opt out as more fully described above in Section IV.
If you are a California resident, you may request information about our compliance with California law by calling us toll free at 877-690-0131, emailing us at m.vairavant@Brilliant.care, or by writing to us at 477 Madison Avenue, 6th Floor, New York, NY 10022 c/o “CA Privacy”, addressed to “Attention: California Privacy Matters.” Any such request must include “California Privacy Rights Request” in the subject line and include your name, street address, city, state and ZIP code. Please note that we are only required to respond to up to two requests per visitor each year, and we are not required to respond to requests made by means other than through this designated email address, mailing address or toll-free number.
Identity Verification and Additional Information to Needed to Process a Request We reserve the right to confirm your California residence to process your requests and will need to confirm your identity to process your requests to exercise your information, access or deletion rights. As part of this process, government identification may be required. California Customers can empower an “authorized agent” to submit requests on their behalf. We will require the authorized agent to have a written authorization recognized by law confirming that authority. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it or to verify your or your agent’s identity.
Do Not Track Disclosure.California Business & Professions Code Section 22575(b) provides that California residents are entitled to know how Brilliant responds to “Do Not Track” browser settings. We currently do not respond to “Do Not Track” signals because a uniform technological standard has not yet been developed.
We may make changes to this Privacy Policy at any time and for any reason, including our business reasons or in order to comply with changing privacy laws. Unless otherwise provided by applicable law, any changes that we make to this Policy will be published on our Site and will become effective upon publication. Your continued use of the Services or the Site will constitute your acceptance of any such changes to the fullest extent permitted by law. You are encouraged to review this Policy from time to time, to make sure you are current with our privacy practices.
The Effective Date of this Privacy Policy is: April 2, 2021
