Privacy policy

Fresh Health, Inc. Privacy Policy

Updated December 18, 2023

General Information

This Privacy Policy explains the types of regulated Personal Information or data ("Personal Information") that Fresh Health, Inc. ("Fresh Health" or "we") collects, uses, and discloses about you (and, if applicable your household) through its business operations and https://www.freshhealth.com and https://www.proclaimhealth.com (its "Websites"). This policy applies to persons located in the United States. These websites provide information on the Proclaim line of oral care products.

If you are a job applicant in California, please see our California Applicant Privacy Notice for additional information on how we handle the Personal Information of applicants.

If you are an employee in California, you have or will be provided with our Employee Privacy Policy, which contains information on how we handle the Personal Information of employees.

By providing Personal Information to us, you accept and consent to the practices described in this Privacy Policy. If you have any questions about this Notice, including if you wish to send us a request to exercise any of your legal rights, please contact us at privacy@proclaimhealth.com or (888) 576-3756.

General Categories Of Personal Information We Collect

Web browsing/server log information. Our web server captures certain information automatically. This information may include your Internet protocol (IP) address, approximate geographic location, browser type, computer operating system, time and date you visit, the pages you access, and the address of the page that directed you to our Website(s). We use this data to understand patterns of website activity and to improve our Websites so they are more useful for you. This information is not linked in any way to you personally, and we do not have the means to link it to you.

Cookies. Our Websites use cookies, pixels, and similar technologies. Cookies record small amounts of data in your web browser. When you enter one of our Websites, our web server uses these for various purposes, including making our site work properly and optimizing your experience. The cookies we use – and how to control them – are shown in our Cookie Selector. Pixels help us track page visits and responses to marketing campaigns.

Personal Information that you intentionally submit. We do not collect identifiable Personal Information from you unless you supply it voluntarily. This would happen when you communicate with us by email, register on a Website, participate in a survey or promotional program, submit a product review, enter a contest or sweepstakes, register for a newsletter, or take some other affirmative step. The types of information collected will be reflected in your communication or form submission.

Personal Information that we obtain from others. We may obtain marketing leads from outside our corporate group. This is normally basic contact information such as names and email addresses. If we have an advertising service provider perform a blind mailing (a campaign using a mail or email list known to the service provider but not disclosed to us), we do not obtain your Personal Information unless and until you respond.

Aggregated or anonymized information. In some instances, we receive information that either combines the information of numerous consumers or is transformed in such a way that the information can no longer be linked to a particular consumer or their household. Under the law, this is not Personal Information.

What Do We Do With The Personal Information We Collect?

We will not sell, trade, share (as defined by law) or otherwise transfer to third parties your Personal Information without a disclosure at or before the time of collection; however, we may disclose your Personal Information as permitted by law within our corporate group (our "Business") and vendors we retain to provide services necessary to our operations (our "Service Providers"). Service Providers might include website hosting companies, public relations companies, advertising and marketing agencies, and mail delivery service companies. These parties are under obligation to use the information only in support of our business, not their own.

We also reserve the right to release Personal Information without notice (i) when the law requires it (e.g., we have received a subpoena) or we otherwise believe that the law requires us to do so; (ii) when we believe it is necessary to protect and/or enforce the rights, property interests, or safety of Fresh Health, our users or others; or (iii) as we deem necessary to resolve disputes, troubleshoot problems, prevent fraud, and otherwise enforce our Privacy Policy.

Additionally, if Fresh Health merges with or becomes part of another organization, or if Fresh Health is sold, it sells all or substantially all of its assets, or it is otherwise reorganized, the information you provide may be one of the transferred assets to the acquiring or reorganized entity.

Personal Information We Collect, How We Collect It, And Who Sees It

The table below shows the Personal Information that we collect, where/how we collect it, and disclosures to third parties for our business (where we or our service providers or vendors use it to support our business). This table does not include situations involving our employees or job applicants (see the linked notices at the top), nor does it include fitting information collected from dental providers during fitting (please see our HIPAA Privacy Notice). At a general level, we use this information to operate our site, advertise, and provide goods and services to you. Where identified as a "service provider," an organization should be understood to be a "service provider" or "processor" under applicable law.

Data elements	How do we collect or obtain them?	Who else sees it?
Web Browsing/Server log information Pages visited ISP IP address Operating system Browser version General geolocation Website preferences Pages visited	Web server logs from your interaction with our Websites Without personal identification Third-party cookies	Disclosed to direct marketing vendors (as service providers) Shared with internet advertising vendors
Contact information Individual name Company (if applicable) Mailing address Telephone number Email address Provider name and licensing information	Registration at providers General correspondence Web and other forms (including those on Fresh Health.com/forms) Commercial transactions Purchased contact lists Provider portal Provider registrations	Disclosed to direct marketing vendors (as service providers) Disclosed to delivery and freight vendors (as service providers) Shared with internet advertising vendors
Provider name and licensing information	Provider portal Provider registrations	N/A; please see privacy policies for Shopify and Affirm, which provide our retail front-end and financing options.
Payment Information	Payment information (verification tokens) Product(s) purchased	N/A; please see privacy policies for Shopify and Affirm, which provide our retail front-end and financing options.
Purchasing histories, tendencies, or profiles	Commercial transactions Web and other forms (including those on freshhealth.com and on proclaimhealth.com)	Disclosed to direct marketing vendors (as service providers)

How We Use Your Personal Information And How Long We Keep It?

We request Personal Information when necessary to provide a service, complete a transaction, or otherwise run our business. Please note that the same information may be retained for different reasons, and the expiration of its retention for one reason may not trigger its deletion (for example, you may unsubscribe from a promotional mailing list and be deleted from that list, but you might also be a current customer whose information we need to retain to support your needs).

Uses of data elements by activity

How that data is used and how long we keep it

Interaction with our Websites

Web browsing information
Server log information
Cookies and pixels
Contact Information

This information is collected in a way that is not associated with you personally. The retention of this data is described by our Cookie Selector.

We use this information to learn about our customers and their interests.

Some information shared with advertising vendors may be used purposes of interest-based advertising and measuring the effectiveness of our campaigns.

General correspondence

Contact Information

We maintain this information long enough to fulfill your request/inquiry plus as needed to support any resulting business communications or transactions.

Purchases from us

Contact information

Financial information

Purchasing histories, tendencies, or profiles

We maintain basic contact and transaction information for the period required to fulfill the transaction plus the amount of time required to document the transaction, honor any warranties, and fulfill any recall obligations.

We use contact information obtained in transactions as a basis to provide you with information on related offerings and special offers. To be deleted from our promotional mailing lists, please use the "unsubscribe" link at the bottom of a marketing email.

B2B interactions with us

Contact information

Professional licensing information

Financial information (for individuals/DBAs)

We maintain basic contact and transaction information for the period required to fulfill the transaction plus the amount of time required to document the transaction and fulfill any long-term commercial or legal obligations.

We use contact information obtained in transactions as a basis to provide you and your company with information on related offerings and special offers. To be deleted from our promotional mailing lists, please use the "unsubscribe" link at the bottom of a marketing email.

Promotional/marketing information

Contact information
Purchasing histories, tendencies, or profiles

We maintain information sufficient to send out mailing lists and other business information/promotions until you unsubscribe from the relevant campaign using the supplied link (for email) or other methods as provided in postal mailings.

How Do We Protect Your Personal Information?

Although no system is impenetrable, we have established physical, electronic, and procedural safeguards for the information we collect that is reasonable given the nature of the information and its sensitivity. We use SSL encryption through our Websites and Provider Portal, and we keep any identifiable information encrypted.

For Residents Of California, Colorado, Connecticut, Virginia, And Utah

Under the laws of your state, and as those laws become effective, you have certain rights regarding information that could reasonably be used to identify you or your family. This Privacy Policy is provided so that you can understand at or before the point of collection what we are collecting and why. These rights do not extend to anonymized or aggregated information that can no longer be connected to you personally. Please note also that certain banking and health information is outside the scope of these states' data privacy laws.

Right to know and data portability (CA, CO, CT, VA, UT). You have the right to know what Personal Information we have collected about you, including the categories of Personal Information, the categories of sources from which the Personal Information is collected, the business or commercial purpose for collecting, selling, or sharing Personal Information, the categories of third parties to whom we disclose Personal Information, and the specific pieces of Personal Information we have collected about the consumer. These are described generally in this Notice and specifically in the table in Section 4.

Under California law, we are not required to research Personal Information where it is not in a reasonably searchable format, we maintain the information solely for legal or compliance reasons, we do not use the information for commercial purposes or sell it, and we explain what we are not searching on these grounds. Likewise, we are not required to disclose a particular Social Security number, driver's license number or another government-issued identification number, financial account number, any health insurance or medical identification number, an account password, security questions, and answers, or unique biometric data generated from measurements or technical analysis of human characteristics. We will, however, identify which of these items we retain.

Right to deletion (CA, CO, CT, VA, UT). You have the right to delete Personal Information that we have collected from you, subject to certain exceptions; except where there is a statutory exception. In California, these exceptions when the Personal Information is needed to:

Complete a transaction for which the Personal Information was collected, provide a good or service requested by you, reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
Debug to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act under Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the California Penal Code.
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research if you have provided informed consent.
Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
Comply with a legal obligation.
Otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Other exceptions may be present under state law. Depending on your state, we may ask you to confirm your election to delete your Personal Information.

Right to correct Personal Information (CA, CO, CT, VA). You have the right to correct inaccurate Personal Information that we maintain about you. We may request documentation establishing the inaccuracy of the information we have. Per applicable law, these requests may be denied if the totality of the circumstances suggests that the information we have on file is accurate.

Right to limit the use of Sensitive or Special Personal Information (CA, CO, CT, VA, UT). You have the right to limit the use of sensitive Personal Information (as defined by law) to that necessary to conduct business with you. Fresh Health does not intentionally collect these types of information from the public and does not use them in its external business dealings.

Right to opt out of the sale or sharing of your Personal Information (CA, CO, CT, VA, UT). You may opt-out of the sale or sharing (as defined by law) of Personal Information.

Right to non-discrimination (CA, CO, CT, VA). You have the right to not be discriminated against due to the exercise of your privacy rights under state privacy law. However, the exercise of certain privacy rights by California residents may make it so that we are no longer able to provide those residents with certain services or communications. For example, if, at the request of a California resident, Fresh Health deletes all of the California resident's Personal Information that it maintains, Fresh Health will no longer be able to send communications to that resident.

Right to opt-out of automated decision-making or profiling (CA, CO, CT, VA). You have the right to know about and opt out of automated decision-making.

Other rights: to the extent your state has data subject rights that are not shown here, we will honor them.

Exercising your rights. To exercise your rights under your state's law, please contact privacy@proclaimhealth.com or call (888) 576-3756 and state the nature of your request. We will require you to verify your identity. There are some circumstances in which we are not required to grant requests concerning your Personal Information, including where repeated requests are made for purposes of harassment or fraud.

Please note that if you use multiple email addresses to interact with us, or use services like iCloud Hide My Email, we can only provide information or take action based on email addresses that you include in your address. For example, if you interact with our site using a Hide My Email address but receive your email from us forwarded your main email address, a request to delete would require the Hide My Email address as well as your main email address.

We retain records of our actions on requests to exercise rights, and their resolution, for the period allowed by law. These are maintained separately from our other collections of Personal Information.

Authorized agents. We entertain requests from authorized agents according to your state's law. California residents can designate an authorized agent to make requests under the CCPA on their behalf relating to the residents' Personal Information. Only you as a California resident, or a person you have designated in writing as your authorized agent, may make a consumer request related to your Personal Information.

If you wish to have an authorized agent make a verifiable consumer request on your behalf, they will need to provide us with sufficient written proof that you have designated them as your authorized agent, such as a power of attorney under California Probate Code sections 4000 to 4465. We will still require you to provide sufficient information to allow us to reasonably verify that you are the person about whom we have collected Personal Information.

We can deny any request made by a purported authorized agent who does not submit proof that they have been authorized by the California resident to act on the California resident's behalf. For more information on submitting a request on behalf of a California resident as an authorized agent, you can contact us using the information provided in Section 15.

Response time. Consistent with CCPA, we will respond within 45 days of a verifiable request to provide or erase your Personal Information, unless we notify you that up to another 45 days will be needed.

Notice of Financial Incentives: California residents are entitled to certain information about Fresh Health's financial incentive programs. Where we provide an incentive for your providing or our sharing your Personal Information, you will be informed at the time of the financial incentive.

Nevada Residents

Nevada law provides Nevada residents the ability to opt out of the sale of their Personal Information. However, we do not sell the Personal Information of Nevada residents as described by Nevada law. Fresh Health does not disclose your Personal Information unless the disclosure is (i) to an entity that processes Personal Information on our behalf as a service provider or (ii) for purposes that are consistent with the reasonable expectations of a consumer considering the context in which we collected.

Do Not Track

Do Not Track (DNT) is an optional browser setting that allows you to express your preferences regarding tracking across websites. Most modern web browsers give you the option to send a Do Not Track signal to the websites you visit, indicating that you do not wish to be tracked. However, there is no accepted standard for how a website should respond to this signal, so we do not take any action in response to this signal. We do not have a mechanism in place to respond to DNT signals. Instead, in addition to publicly available third-party tools, we offer you the choices described in this Privacy Policy to manage the collection and use of information about you.

Minors

Our Websites are not intended to be used by persons under the age of eighteen (18), and we do not knowingly store Personal Information of any kind relating to such persons. If you are the parent or guardian of a minor and believe that a minor's Personal Information has been collected, please contact us so that we may delete it.

How Can You Opt Out Of Emails And Block Or Restrict Cookies?

Emails. You can opt out of receiving future promotional electronic mailings from us by following the unsubscribe procedures indicated in each electronic mailing, such as "unsubscribe" or "manage your preferences.

Cookies and pixels. We use cookies and similar technologies to keep track of and enhance certain user activities on our Websites, such as saving your preferences and user-specific features. Opt-out cookies tell a site not to collect your personal information through other cookies or pixels.

You may block or restrict cookies on your computer or purge them from your browser by adjusting your web browser preferences or by using an opt-out tool. However, because cookies may allow you to take advantage of some features or functions of our Websites or may be used for privacy related opt-outs, we recommend that you leave them turned on. More information and options for limiting personal data collection are contained in our Cookie Selector. Google provides additional opt-out tools as well, including a browser extension to block Google Analytics.

You should consult the operating instructions that apply to your browser for instructions on how to configure your browser setting to meet your preferences.

Interest-based advertising. As you browse the web, you may see advertisements for our products. In some cases, these are based on your prior visit to our Websites. Our advertising providers are members of the Digital Advertising Alliance. To opt-out of these campaigns, please use the opt-out button provided or visit https://youradchoices.com/, and to opt out of advertising on mobile apps, please visit https://youradchoices.com/appchoices. Some advertising you see on the internet or receive via email is based on a matched audience, not Personal Information that we obtained from you or about you. In those cases, ads are served by a provider to an audience with certain characteristics, but we are not provided with individuals' identities or have direct control over particular people who will receive the advertising. The providers involved will have their own opt-out mechanisms. For example, Facebook has its own Ad Preferences page, and Google ads can be controlled via Google Ad Settings. If you click through to our Websites, then your interactions with us become subject to this Privacy Policy.

Please note that:

Many opt-out systems are based on browser/device identification or cookies stored by a particular browser on a particular computer or device. If you change browsers or devices, you may need to opt-out again.
If you use tools that change, mask, or randomize browser IDs, for example, iCloud Privacy Relay, it may become necessary to opt-out more than once on the same browser.
Clearing cookies from your browser, or refusing all cookies, may reset opt-outs. For example, using Private Browsing on Safari and Incognito Mode on Chrome, opting out, and then closing the session may cause opt-out cookies to be deleted on exit. Refusing all cookies via a browser setting may result in an opt-out cookie not being set.

How Can You Update Your Personal Information?

Website Registration. If you have an account on one of our Websites that requires user identification and a password, you can update the information you have provided to us in the account section of the relevant Website.

What About Links To Other Websites?

This statement applies only to our Websites. Our Websites may contain links to third-party websites. We are not responsible for the content or policies of such websites and recommend that you check the privacy statements posted on their websites.

What If This Privacy Policy Changes?

Our business changes from time to time, and our Privacy Policy will change too. Your continued use of our Websites following the posting of any amendment to this Privacy Statement indicates your acceptance of the revised Privacy Policy. We may send you notices of changes to our Privacy Policy if we possess your email address at the time of such updates.

How Do I Ask Questions Or Provide Feedback?

We welcome your questions, comments, and concerns about privacy. Fresh Health is committed to the resolution of concerns about your privacy and our collection or use of your Personal Information. If you have any questions regarding this privacy statement or how we protect your Personal Information, please contact us at:

Fresh Health Inc.
745 W Evelyn Ave

Mountain View, CA 94041

privacy@proclaimhealth.com
(888) 576-3756