Privacy Policy

We at Wellspring Care Inc. d/b/a Abby Care and its subsidiaries (“we”, “us”, or “Abby Care”) value your privacy and are committed to keeping your personal data confidential. We use your data collected on the Abby Care (abbycare.org) website, through communications or services solely in the context of providing the website (the “Platform”) or our services, providing all relevant content to website users (“Users”), and as described in this Privacy Policy.

This Privacy Policy applies to any personal data that Abby Care collects from Users of the Abby Care Platform or services (“Personal Data”). The term “Personal Data” includes any information that can be used on its own or with other information in combination to identify or contact one of our Users. Some of the Personal Data we collect and transmit may be considered “health data” (i.e., data related to your or a family member’s physical or mental health), “protected health information” or “PHI” (i.e., information that relates to your past, present, or future physical or mental health or condition(s); the provision of health care to you; or the past, present, or future payment for the provision of health care to you), and/or medical records as defined by state law.

We believe that privacy and transparency about the use of your Personal Data are of utmost importance. Therefore, our privacy practices are intended to comply with all applicable federal and state laws related to privacy and the use and disclosure of medical records. Additionally, in this Privacy Policy, we provide you detailed information about our collection, use, maintenance, and disclosure of your Personal Data. The Privacy Policy explains what kind of information we collect, when and how we might use your Personal Data, how we protect Personal Data, and your rights regarding your Personal Data.

For additional information related to how we use and disclose your Personal Data, health data, PHI, and/or medical records data, please contact us at privacy@abbycare.org.

Agreement to Privacy Policy Terms

BY ACCESSING AND/OR USING THE PLATFORM OR SERVICES, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND AGREE TO THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY CEASE USING THE PLATFORM AND SERVICES.

Privacy Policy Updates
‍Please note that we occasionally update this Privacy Policy, and it is your responsibility to stay up to date with any amended versions. Any revisions to the Privacy Policy will be posted on the Abby Care Platform. Any changes to this Privacy Policy will be effective immediately upon posting a new version of the Privacy Policy on our Platform. We will change the “Last Updated” date above and the changes will apply to all Personal Data that we maintain, use, and disclose. If you continue to use the Platform or services following such posting, you agree to those changes.

Personal Data Deletion
If at any point you no longer agree to the use and disclosure of Personal Data under this Privacy Policy, you must discontinue all further use of the Platform and send a deletion request to care@abbycare.org with the following information:

• The email address, phone number and/or name you shared with us previously; and
• A statement that you are requesting Personal Data deletion.

Subject to any applicable legal requirements that would require us to retain any such Personal data, such as any Personal Data, including PHI, that we receive from patients receiving health care services from Abby Care, we will promptly delete your Personal Data and provide confirmation to you via email.  Please note that as a health care provider, Abby Care is required by law to maintain the Personal Data, including any PHI, that we receive from patients as a business record. As a result, we cannot eliminate such Personal Data from our records. While we can assist you in closing your account and no longer sharing Personal Data with us, our regulatory compliance obligations as a health care provider will require that we will retain any Personal Data collected through use of the Platform for the duration required by law. However, even if stop using the Platform and our services for any reason, we will protect any Personal data that we maintain in accordance with our Terms of Use , this Privacy Policy, and our Notice of Privacy Practices as if you were still using the Platform and Abby Care services.

Questions or Concerns
If you have any questions or concerns after reading this Privacy Policy, please do not hesitate to contact us at privacy@abbycare.org.  We appreciate your feedback.
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COLLECTION AND USE OF PERSONAL DATA
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What Personal Data Does Abby Care Collect?

We collect the following types of information, including information that is voluntarily provided, from our Users: (i) demographic data; (ii) support data; and (iii) technology data. Each category of data is explained in depth below.
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Demographic Data: Abby Care collects demographic data from Users and from individuals who call our phone number, email us, text message us, interact with our AI agent or fill out a form on the Platform, which data may include, but not be limited to, name, phone number, address, health-related information, date of birth, caregiver qualifications, work authorization status, insurance information, family information and email address.  We may also collect your personal data from a third party website (e.g. Facebook) if you fill out a form or click a link on that site requesting content or to be contacted.

Support Data: If you contact us for support or to lodge a complaint, we may collect technical or other information from you through log files and other technologies, some of which may qualify as Personal Data (e.g., IP address). Such information will be used for the purposes of troubleshooting, customer support, and improvement of the Platform in accordance with this Privacy Policy. Calls with Abby Care, including with an AI agent, may be recorded or monitored for training, quality assurance, customer service, and reference purposes.

Technology Data and Cookies: We use common information-gathering tools, such as log files, cookies, web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs), and similar technologies to automatically collect information, which may contain Personal Data from your computer or mobile device as you navigate our Platform or interact with an AI agent or emails or other communications we have sent you. The information we collect may include your IP address (or proxy server), device and application identification numbers, location, browser type, Internet service provider and/or mobile carrier, the pages and files you viewed, your searches, your operating system and system configuration information, and date/time stamps associated with your usage. This information is used to analyze overall trends, help us provide and improve our advertising and the Platform, and ensure the proper functioning and security of the Platform.

Does this Privacy Policy Apply to Third Party Sites? Our Platform may contain links to other sites that are not operated by Abby Care. If you click a third-party link, you will be directed to that third party’s site. We strongly advise you to review the privacy policy(ies) of every site you visit. Abby Care has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party sites or services. This Privacy Policy does not apply to your use of or access to any third-party sites or services.

How Will Abby Care Use Your Personal Data?
Abby Care processes your Personal Data based on legitimate business interests, the provision of our Platform and services to you, compliance with our legal obligations, and/or your consent. We only use or disclose your Personal Data when it is legally mandated or where it is necessary to fulfill those purposes described in this Privacy Policy. Where required by law, we will ask for your prior consent before disclosing your Personal Data to a third party.

More specifically, Abby Care may use your Personal Data for the following purposes:
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• To provide the Platform and services;• To evaluate eligibility and qualifications for services;
• To fulfill our obligations to you under the Terms of Use;
• To communicate with you about our services;
• To properly store and track your data within our system;
• To respond to lawful requests from public and government authorities, and to comply with applicable state/federal law, including cooperation with judicial proceedings and court orders;
• To protect our rights, privacy, safety, or property, and/or that of you or others by providing proper notices, pursuing available legal remedies, and acting to limit our damages;
• To handle technical support and other requests from you;
• To enforce and ensure your compliance with our Terms of Use or the terms of any other applicable services agreement we have with you;
• To manage and improve our operations and the Platform, including the development of additional functionality;
• To identify usage trends, and improve your user experience;
• To find and prevent fraud, and keep our Platform safe and secure;
• To send you information about changes to our terms, conditions, and policies;
• To conduct research and analysis using your information, which may be subject to your separate written authorization;• To comply with obligations under applicable privacy laws;
• To allow us to pursue available remedies or limit the damages that we may sustain; and
• For other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Platform, services, marketing and your experience.

Does Abby Care Use Personal Data for Analytics?
Abby Care uses third-party service providers to monitor and analyze the use of the Platform. The analytics services we use may include but are not limited to: Google Analytics, VWO, and Meta/Facebook Connect.

Where Is Personal Data Processed?
The Personal Data we collect through the Platform and services will be stored on secure servers in the United States. Personal Data may be transmitted to third parties, which parties may store or maintain the data on their secure servers.

With Whom Does Abby Care Share Personal Data?
We may share your personal information with the following categories of individuals/entities:

Business Partners and Vendors: We share Personal Data with a limited number of partners, service providers, and other persons/entities who help run our business (“Business Partners”). Specifically, we may employ third-party companies and individuals to provide infrastructure for our Platform and services, supply elements of the Platform or services on our behalf, or assist us in analyzing how our Platform or services are used. Our Business Partners are contractually bound to protect your Personal Data and to use it only for the limited purpose(s) for which it is shared. Business Partners’ use of Personal Data may include, but is not limited to, the provision of services such as data hosting, user interface elements and IT services.

Our Advisors: We may share your Personal Data with third parties that provide advisory services to Abby Care, including, but not limited to, our lawyers, auditors, accountants, and banks (collectively, “Advisors”). Personal Data will only be shared with Advisors if Abby Care has a legitimate business interest in the sharing of such data. Affiliates: We may share your Personal Data with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any other subsidiaries, joint venture partners or other companies that we control or that are under common control with us.

Third Parties Pursuant to Business Transfers: In the event of a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of Abby Care’s corporate entity(ies), assets, or stock (including in connection with any bankruptcy or similar proceedings), we may share your Personal Data with a third party.

Government and Law Enforcement Authorities: If reasonable and necessary, we may share your Personal Data to (i) comply with legal processes or enforceable governmental requests, or as otherwise required by law; (ii) cooperate with third parties in investigating acts or omissions that violate this Privacy Policy or the Terms of Use; or (iii) bring legal action against someone who may be violating the Terms of Use or who may be causing intentional or unintentional injury or interference to the rights or property of Abby Care or any third party, including other users of our Platform.With Your Consent: We may disclose your Personal Data for any other purpose with your consent.

How Long Does Abby Care Retain Personal Data?

Abby Care retains your Personal Data only if necessary and as required for our business operations, the provision of the Platform or services, archival purposes, and/or to satisfy legal requirements. The exact period of retention (the “Retention Period”) will depend on: (i) the amount, nature, and sensitivity of the Personal Data; (ii) the personal risk of harm for unauthorized use or disclosure; (iii) the purposes for which we process your Personal Data, including whether those purposes can be achieved through other means; and (iv) business operations and legal requirements.

At the end of the applicable Retention Period, we will remove your Personal Data from our databases and will require that our Business Partners remove any identifiable Personal Data from their databases. If there is any data that we are unable to delete entirely from our systems for technical reasons, we will put in place appropriate measures to prevent any further processing of such data.

Abby Care and its Business Partners reserve the right to continue using de-identified data indefinitely, even after Personal Data has been removed from Abby Care’s databases. We may continue to disclose de-identified data to third parties in a manner that does not reveal personal information, as described in this Privacy Policy. Our continued use of de-identified data will comport with applicable law.Transfer of Your Personal DataPersonal Data is processed at Abby Care’s offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.Abby Care will take all steps reasonably necessary to ensure that Personal Data is treated securely and in accordance with this Privacy Policy and no transfer of Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

What Happens to Personal Data Submitted by Minors?
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Abby Care is committed to protecting the privacy of children. The Platform is intended only for adults. We request that individuals under the age of 16 not provide Personal Data to us. If we learn that Personal Data from Users under the age of 16 has been collected, we will take reasonable measures to promptly delete such data from our records. If you are aware of a user under the age of 16 accessing the Platform, please contact us at care@abbycare.org.

The Platform does NOT allow children or any User to make their information publicly available. Parents/legal guardians have the right to review or ask us to delete their child’s personal information, as well as to refuse to permit us to further collect or use your child’s personal information. To do any of these, please contact us at care@abbycare.org.

USER RIGHTS

What Rights Do Users Have Concerning Their Personal Data?

As a user of the Platform, you have certain rights relating to your Personal Data. These rights are subject to federal, state and local data protection and privacy laws, and may include the right to:
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• Access Personal Data held by Abby Care;
• Erase/delete your Personal Data, to the extent permitted by applicable data protection and privacy laws and to the extent technologically feasible;
• Receive communications related to the processing of your Personal Data;
• Restrict the processing of your Personal Data to the extent permitted by law;
• Object to the further processing of your Personal Data, including the right to object to marketing;
• Request that your Personal Data be transferred to a third party, if possible;
• Receive your Personal Data in a structured, commonly used, and machine-readable format; and/or
• Rectify inaccurate personal information and, considering the purpose of processing the Personal Data, ensure it is complete.

Where the processing of your Personal Data by Abby Care is based on consent, you have the right to withdraw that consent at any time. If you would like to withdraw your consent or exercise any of the above rights, please contact us at privacy@abbycare.org.

How Can Users Update, Correct, or Delete Personal Data?

You have the right to request restrictions on uses and disclosures of your Personal Data. While we are not required to agree to all restriction requests, we will attempt to accommodate reasonable requests when appropriate.  If you need to make changes or corrections to information, you may contact us at privacy@abbycare.org.

To comply with certain requests to limit use of your Personal Data, we may need to terminate your ability to access and/or use some or all of the Platform. BY REQUESTING TO LIMIT USE OF YOUR PERSONAL DATA OR DELETE PERSONAL DATA, YOU ACKNOWLEDGE AND AGREE THAT ABBY CARE WILL NOT BE LIABLE TO YOU FOR ANY CORRESPONDING LIMITATION IN THE SCOPE OF SERVICES OR TERMINATION OF SERVICES AS NECESSARY TO COMPLY WITH YOUR REQUEST.

You have the right to request deletion of any Personal Data from the Abby Care Platform. To request deletion of your Personal Data, please email us at privacy@abbycare.org and include a description of the Personal Data you would like removed. We will respond to all requests for data deletion as soon as reasonably possible.

You further understand that it may not be technologically possible to remove all of your Personal Data from our systems. While we will use reasonable efforts to remove your Personal Data, the need to back up our systems to protect information from inadvertent loss means a copy of your Personal Data may exist in a non-erasable form that will be difficult or impossible for us to locate or remove.
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PROTECTION OF PERSONAL DATA

Is Personal Data Secure?

Abby Care understands the importance of data confidentiality and security. We use a combination of reasonable physical, technical, and administrative security controls to: (i) maintain the security and integrity of your Personal Data; (ii) protect against any threats or hazards to the security or integrity of your Personal Data; and (iii) protect against unauthorized access to or use of such information in our possession or control that could result in substantial harm to you.

While Abby Care uses reasonable security controls, WE CANNOT GUARANTEE OR WARRANT THAT SUCH TECHNIQUES WILL PREVENT UNAUTHORIZED ACCESS TO YOUR PERSONAL DATA. ABBY CARE IS UNABLE TO GUARANTEE THE SECURITY OR INTEGRITY OF PERSONAL DATA TRANSMITTED OVER THE INTERNET, AND THERE IS NO GUARANTEE THAT YOUR PERSONAL DATA WILL NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED BY BREACH OF ANY OF OUR PHYSICAL, TECHNICAL, OR ADMINISTRATIVE SAFEGUARDS. ACCORDINGLY, WE DO NOT AND CANNOT ENSURE OR WARRANT THE SECURITY OR INTEGRITY OF ANY PERSONAL DATA YOU TRANSMIT TO US. YOU ASSUME THE RISK THAT UNAUTHORIZED ENTRY OR USE, HARDWARE OR SOFTWARE FAILURE, AND OTHER FACTORS MAY COMPROMISE THE SECURITY OF YOUR PERSONAL DATA AT ANY TIME.

What Safeguards Does Abby Care Have in Place to Secure Personal Data?
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Abby Care stores Personal Data on secured servers and uses a combination of technical, administrative, and physical safeguards to protect your personal information. Such safeguards include, but are not limited to, authentication, encryption, backups, secure socket layer technology (SSL) encryption, and access controls.

How Can Users Protect Their Personal Data?
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You are solely responsible for preventing unauthorized access to your devices by  limiting access to your devices. Abby Care has no access to or control over your device’s security settings, and it is your responsibility to implement any device-level security features and protections you feel are appropriate (e.g., password protection, encryption, remote wipe capability). We recommend that you take all appropriate steps to secure any device that you use to access our Platform.

Please note that Abby Care will never send you an email requesting confidential information, such as account numbers, usernames, passwords, or Social Security Numbers. If you receive a suspicious email from Abby Care, please notify us at care@abbycare.org. Further, if you know of or suspect any unauthorized use or disclosure of your information or any other security concern, please notify Abby Care immediately.

What If Abby Care Experiences a Data or Security Breach?

Abby Care takes the security of your Personal Data seriously. In the event of a data or security breach, Abby Care will take the following actions: (i) promptly investigate the security incident, validate the root cause, and, where applicable, remediate any vulnerabilities within Abby Care’s control which may have given rise to the security incident; (ii) comply with laws and regulations directly applicable to Abby Care in connection with such security incident; (iii) as applicable, cooperate with any affected User  in accordance with this Privacy Policy or the Terms of Use, and (iv) document and record actions taken by Abby Care in connection with the security incident, and conduct a post-incident review of the circumstances related to the incident and actions or recommendations taken to prevent similar security incidents in the future. Abby Care will notify you of any data or security breaches as required by and in accordance with applicable law.
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ADVERTISING, MARKETING, AND TRACKING

Does Abby Care Send Marketing or Advertisement Materials?
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Abby Care may use your Personal Data to contact you with newsletters, marketing, or promotion materials and other information that may be of interest to you. You may opt out of receiving any marketing or advertising materials from Abby Care at any time by exercising the opt out method for such marketing communications within the applicable message.

Can Users Opt Out of Receiving Communications from Abby Care?
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We may send communications, including emails, to you regarding the Platform. You can choose to filter any Platform emails using your email settings, but we do not provide an option for you to opt out of these communications. If you consent to receive marketing or other communications not related to the Platform, we will provide you with the option to opt out of such marketing communications within the applicable message. What Is Abby Care’s Cookie Policy?Cookies are small files that a web server sends to your computer or device when you visit a web application that uses cookies to keep track of your activity on that site. Cookies also exist within applications when a browser is needed to view or display certain content within the application. Cookies hold a small amount of data specific to a web application, which can later be used to help remember information you entered in the application (like your email or username), preferences selected, and movement within the application. We use cookies and other technologies to, among other things, better serve you with more tailored information, and to facilitate efficient and secure access to the Platform and Abby Care services. Our cookies do not, by themselves, contain Personal Data. Further, we do not combine the general information collected through cookies with any other Personal Data to identify you. However, we do use cookies to identify that your web browser has accessed aspects of the Platform or Services and may associate that information with you. In addition, Abby Care may also collect information using pixel tags, web beacons, clear GIFs, or other similar technologies. This information may be used in connection with website pages and HTML formatted email messages to, among other things, track the actions of users and email recipients and compile statistics about usage and response rates. How Can Users Opt Out of Cookies?If you prefer, you can usually choose to set your browser to remove cookies and reject cookies. If you enable a do not track signal or otherwise configure your browsers to prevent us from collecting cookies, you will need to reenter your login information each time you visit the login page. You may also be unable to take advantage of some of the services. 
Do Not Track Disclosure
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Some web browsers may transmit do not track (“DNT”) signals to websites with which the User communicates. To date, there is no industry standard for DNT and users cannot know how a given company responds to a DNT signal they receive from browsers. Abby Care is committed to remaining apprised of DNT standards. However, Abby Care does not support DNT browser settings and does not currently participate in any DNT frameworks that would allow Abby Care to respond to signals or other mechanisms regarding the collection of your personal information.

Contact Information If you have questions regarding this Privacy Policy, you may contact us at privacy@abbycare.org.