Consumer Health Data Privacy Statement

Last Updated: June 24, 2024.

This Privacy Statement sets out the categories of consumer health data that ViralGains collects, uses, and shares about Washington and Nevada residents. This Privacy Statement supplements our Privacy Policy.

Collection of Consumer Health Data

For purposes of this Privacy Statement, consumer health data means personal information that is linked or reasonably linkable to a consumer, and that identifies the consumer’s past, present, or future physical or mental health status.

Consumer health data includes any health-related information you provide when responding to questions in the surveys we serve you. This may include information about your health-related conditions, symptoms, status, diagnoses, testing, or treatments (including health-related surgeries, procedures, medications, or other interventions); use of prescribed medications; gender-affirming care information; and/or reproductive and sexual health information.

ViralGains’ Role

We collect, use and share consumer health data on behalf of our customers, in our capacity as a “processor,” and our customers are the “regulated entities.” 

Sources of Consumer Health Data

We collect consumer health data from you when you respond to health-related questions in the surveys we serve you and from our business customers, advertising partners, and third-party data providers. 

How We Use and Share Consumer Health Data

We collect, use, and share consumer health data with your consent, which you provide by submitting your responses to our surveys. 

We may use and share consumer health data to operate, manage, and maintain our business, to provide our services, and to accomplish our business purposes and objectives, including, for example, to undertake quality and safety assurance measures; conduct risk and security control and monitoring; detect and prevent fraud; perform accounting, audit, and other internal functions, such as internal investigations; comply with law, legal process, and internal policies; maintain records; and exercise and defend legal claims.

We may also use consumer health data and share it with a third party in the context of any reorganization, financing transaction, merger, sale, joint venture, partnership, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).

We may share consumer health data with the following categories of third parties:

  1. Our business customers, which are the “regulated entities” on whose behalf we collect the information; 
  2. Our service providers;
  3. Public and governmental authorities; and
  4. Other third parties. In certain circumstances, it may be necessary to provide consumer health data to other third parties, for example, to comply with applicable law or to protect the rights, safety, or property of us, you, and others.

Individual Rights

If you are a Washington or Nevada resident, you may make the following requests regarding your consumer health data, subject to applicable law and certain exceptions.

We will forward any requests we receive to the appropriate customer and assist the customer in responding to such requests.

1.Request to Know

You may request that we disclose:

  • Whether we and the customer are collecting, sharing, or selling your consumer health data; and 
  • The third parties to whom we and the customer have shared or sold your consumer health data.

2. Request to Opt Out

You may request to opt out of the collection, sharing, or sale of your consumer health data. 

3. Request to Delete

You may request that we and the customer delete your consumer health data.

4. Request to Access

If you are a Washington resident, you may request that we provide you with:

  • The online mechanism(s) you can use to contact the third parties with whom your consumer health data is shared or sold; and
  • A copy of your consumer health data.

5. Request to Amend

If you are a Nevada resident, you may request that we and the customer make changes to your consumer health data.

To make an Individual Rights request, please contact the customer or us at privacy@viralgains.com. We will verify and respond to your request consistent with applicable law, including by forwarding the request to the appropriate customer and assisting the customer in responding to the request. We may need to request additional information from you in order to verify your identity and protect against fraudulent requests. If you make a Request to Delete, we may ask you to confirm your request before we delete your consumer health data.

If your request to exercise a right under the Washington My Health My Data Act or the Nevada Consumer Health Privacy Law is denied, you may appeal that decision by contacting us via privacy@viralgains.com.

Changes to This Privacy Statement

We may change or update this Privacy Statement from time to time. When we do, we will post the revised Privacy Statement on this page with a new “Last Updated” date. 

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