Welcome to Upswing Plans!

Thanks for using Upswing Plans.com and our associated web sites, mobile applications, and software tools (collectively, the “Upswing Plans Services”). Upswing Plans provides services, including the Upswing Plans Services, to healthcare and other service providers (“Providers”), enabling them to offer services to their patients. It also provides services to health benefit plans and the employers that sponsor those plans for their employees. This Privacy Policy describes how we collect and use your personal information when you use the Upswing Plans Services.

We hope you will take the time to read this Privacy Policy carefully. By continuing to use the Upswing Plans Services, you agree to this Privacy Policy and the collection, use, disclosure, and storage of your personal information as described by this Privacy Policy. The Privacy Policy is between you and Upswing Plans, LLC and its affiliates ("Upswing Plans" or "Us" or “We”). If you do not agree with the Privacy Policy, please do not access or use the Upswing Plans Services.

We may modify this Privacy Policy or add additional terms from time to time to reflect, for instance, a change to the Upswing Plans Services or a change to the law. You should review the Privacy Policy regularly. Any changes to the Privacy Policy will be effective immediately upon being posted to the web site. Continued use of the Upswing Plans Services after any such changes shall constitute your consent to such changes.

1. Nature of Services

Upswing Plans provides a software platform that enables Providers to offer their services directly to consumers and for consumers to purchase services directly (or through plans established by their employers) from Providers. Upswing Plans DOES NOT PROVIDE MEDICAL, DENTAL, OR HEALTHCARE SERVICES AND DOES NOT PROVIDE INSURANCE OF ANY TYPE.

Upswing Plans takes the privacy of its users seriously and complies with all applicable laws and regulations, including the Health Insurance Portability and Accountability Act (HIPAA). This Privacy Policy operates in conjunction with our privacy policies and procedures under HIPAA. For more information about those policies and procedures, see our Notice of Privacy Practices.

2. Information We Collect

We collect information to make your experience, and the experience of others, better. We may collect the following types of information from you:

  • Basic Information: We may collect personal information such as your name, date of birth, telephone number, email address, zip code, login credentials, and credit or debit card account information. We will also collect any personal information that you choose to post on the Upswing Plans Services.
  • Health Information: We may collect information about your healthcare or the healthcare of your dependents. We collect this information when you purchase or obtain Provider services, post content, submit information, or otherwise communicate with us. More information about how we handle this information may be found in our Notice of Privacy Practices under HIPAA.
  • Device and Usage Information: We may also automatically collect certain anonymous information when you use Upswing Plans Services. This information may include, for example, your IP address, your Internet browser and operating system type, the date and time of your visit, and the URLs of other web sites that referred you to us.

3. Cookies and Other Tracking Technologies

We may use cookies and other tracking technologies, such as web beacons, when you use Upswing Plans Services. A "cookie" is a small file placed on your computer that helps us to recognize your Internet browser. We may both first and third-party cookies and tracking technologies in our Upswing Plans Services. We may use cookies and tracking technologies to monitor how Upswing Plans Services are used, identify problems with Upswing Plans Services, improve Upswing Plans Services, analyze Upswing Plans Services traffic, monitor the security of Upswing Plans Services, provide you with information about products and services that may interest you, and gauge the effectiveness of our communications. Most Internet browsers allow you to adjust your preferences to reject cookies or to receive notifications before they are placed. If your browser is set to reject cookies, you may continue to use the Upswing Plans Servcies, but some aspects of the Upswing Plans Services may not function as intended.

4. How We Use Collected Information

We take your privacy seriously. We do not sell, share, rent, or trade the personal information we have collected about you, other than as disclosed within this Privacy Policy or at the time you provide your information and subject to limits set forth in the Notice of Privacy Practices. We do not share your personal information with third parties for those third parties' direct marketing purposes unless you consent to such use or sharing.

Below are some examples of how we use the information:

  • To provide Upswing Plans Services, including creating and administering your Upswing Plans account;
  • To purchase services from Providers;
  • To pass payment information to Providers;
  • To respond to and fulfill your support requests;
  • To remind you of upcoming events, such as renewals;
  • To communicate with you about your Upswing Plans account, such as payment reminders;
  • To communicate with you about the Upswing Plans Services or Provider services, including changes to those services;
  • To develop new products and services;
  • To offer you tailored content on the Upswing Plans Services;
  • To provide you with information about products and services that may interest you;
  • For our legitimate business needs;
  • To maintain and improve the Upswing Plans Services; and
  • For any other purpose to which you consent.

5. How We Share Personal Information

We work with third parties that provide services and support for the Upswing Plans Services. We may share personal information with third parties for the following reasons:

  • Providers: We may share your information with Providers in order to complete your purchase of services from Providers or so that Providers can provide you with their services.
  • Service Providers: We may share information with service providers that help us deliver Upswing Plans Services.
  • With Your Consent: We may request your permission to share your personal information for a specific purpose. We will notify you and request consent before you provide the personal information or before the personal information you have already provided is shared for such purpose.
  • To Prevent Harm: We may share information if we reasonably believe it is necessary in order to protect your health or safety or the health or safety of others.
  • As Required by Law: We will share information when we are legally required to do so, such as in response to court orders or legal process; to establish, protect, or exercise our legal rights; to defend against legal claims or demands; or to comply with the requirements of any mandatory applicable law.

We require that our third parties only use shared personal information to perform the services requested in accordance with this Privacy Policy and have adequate security measures in place to protect any of your shared personal information.

We may also share information within our corporate family, such as with subsidiaries, joint ventures, or affiliates, to the extent permitted by law. In the event that we enter into a corporate transaction, such as a reorganization, merger, sale, joint venture, 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 transfer personal information that we have collected to the relevant third party.

We may share non personally identifiable information, such as aggregated user statistics and log data, with third parties for industry analysis, demographic profiling, to deliver targeted advertising about other products or Upswing Plans Services, or for other business purposes.

All uses and disclosures that involve your personal health information that is protected by HIPAA will also be subject to the the terms set forth in our Notice of Privacy Practices.

6. How We Protect Personal Information

We work hard to protect your personal information. We use commercially reasonable physical, technical, and administrative security measures to protect personal information we collect from loss, misuse, unauthorized access, or improper disclosure. Please understand that no security technology is completely secure, and remember that when communicating with Upswing Plans, email is not a secure form of communication when transmitting sensitive or personal information.

7. Third Party Data Collection

Some content or applications on the Upswing Plans Services may be provided by third parties, including analytics companies and advertising providers. The Upswing Plans Services may also include social media features, such as the Facebook “Like” button, and other widgets, such as the “Share” button or interactive mini-programs provided by third parties. These third parties may use cookies or other tracking technologies to collect information about you when you use the Upswing Plans Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different web sites and other online services.

One of the third-party services that we use is Google Analytics, which is a web analysis service provided by Google. Google utilizes the data collected to track and examine the use of our web site and may share this data with other Google services. You can learn more about how Google uses and shares personal information and about any choices you may have with regards to your personal information by visiting their web site at www.google.com/policies/privacy/partners/. The Upswing Plans Services may also use Google Analytics Advertising Features, including Remarketing with Google Analytics, to advertise online. Third-party vendors, including Google, may show our ads on websites across the Internet. We and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the Double Click cookie) together to inform, optimize, and serve ads based on your past visits to the web site. To opt out of Google's use of cookies, you may visit Google's Ads Settings.

9. Do Not Track

The Site is not currently configured to respond to Do Not Track signals.

10. Children's Privacy

Upswing Plans Services are not intended for persons under the age of 18. We do not knowingly collect, maintain, or use personal information from children under the age of 13. If we become aware that a child under the age of 13 has submitted personal information to us through the Upswing Plans Services, we will immediately delete such information.

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