Privacy Notice For California Residents

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Policy of Vitals Consumer Services, LLC and our related, affiliated and/or subsidiary companies (collectively, “we,” “us,” or “our”) and applies solely to our users who are residents of the State of California (“consumers” or “you”) in relation to your use of our products and services (collectively, the “Products and Services”), which are made available to you through a variety of platforms, including, but not limited to, www.vitals.com (the “Website”) and our mobile app, which is accessible through tablets, cell phones, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.”

We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in our Privacy Policy or in the CCPA have the same meaning when used in this notice.

Information we collect.

We have collected the following categories of information from consumers within the last twelve (12) months:

CategoryExamplesCollected
A. Identifiers.A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.Yes
B. Personal information listed under Cal. Civ. Code § 1798.80(e).A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.Yes
C. Protected classification characteristics under California or federal law.Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).No
D. Commercial Information.Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.Yes
E. Biometric Information.Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.Yes
F. Internet or other similar network activity.Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.Yes
G. Geolocation data.Physical location or movements.Yes
H. Sensory data.Audio, electronic, visual, thermal, olfactory, or similar information.No
I. Professional or employment-related information.Current or past job history or performance evaluations.No
J. Non-public education information.Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.No
K. Inferences drawn from other personal information.Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.Yes

Certain information that we collect identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”).

Personal information does not include:

  • Publicly available information from government records.
  • De-identified or aggregated consumer information.
    • Information included in categories F, G and K is collected and used in a de-identified and/or aggregated manner.
  • Information excluded from the CCPA's scope, such as:
    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; or
    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

Categories of sources from which information is collected.

As described in our Privacy Policy, we may obtain the categories of personal information listed above from the following categories of sources:

  • Directly from you, such as when you register with us.
  • Indirectly from you, such as information we may collect in the course of providing the Products and Services.
  • Directly and indirectly from your activity on our Platform as described below.
  • From third parties that interact with us in connection with providing the Products and Services.

Products and Services

Vitals may obtain, collect, retain, store or otherwise maintain your personal information from the following sources:

  • Your Vitals account: this information may include, for example, information you provide to Vitals through your creation, registration and maintenance of a user account on the Platform (“Registration Information”).
  • Purchase of Products and Services: to the extent that we offer Products and Services for purchase on the Platform, we may request that you provide personal information, a credit card account number and/or or other payment account information in order for you to access or purchase those Products and Services.
  • Other information you provide to Vitals: Some of the Products and Services allow or require you to provide personal information, such as your Healthcare Providers, pharmacies, insurance information, emergency contact information, personal health information, member number, group number and related information. Personal information that you may store through the App by means of taking a photograph with your mobile device (for example, taking a photograph of your health insurance card) may be stored on your mobile device. Accordingly, the safety, security and privacy of your mobile device and the information and photographs that you store on it are your responsibility and not the responsibility of Vitals.
  • Interactive Products and Services: some of the Products and Services allow you to interact with Healthcare Providers through the Platform. These interactive Products and Services include, but are not limited to, scheduling appointments with Healthcare Providers. In order to provide you with these interactive Products and Services, we may ask you to provide personal information (such as the medical reasons for your scheduling the appointment). You understand and agree that Vitals may use and/or disclose such personal information to Healthcare Providers that you have selected in connection with providing You with the requested interactive Products and Services.
  • Your responses to communications from Vitals: From time to time, Vitals may communicate with you through postal mail, email, fax, telephone, or other forms of electronic communications regarding your Vitals account on the Platform, inquiries you may make to Vitals customer service, the Products and Services and new Products and Services. If you respond to these communications, your responses may also contain personal information.
  • Online Appointments: You may schedule an on-line appointment with a Healthcare Provider through the Platform (“OLA”). In order to do so, You must submit the requested appointment information, including but not limited to your personal information, dates, times, reasons of visit, and any other health-related information (“OLA Information”). We are committed to user privacy and have in place reasonable and appropriate data security policies and measures to protect the personal information, and ensure that users control access to their information. Vitals may engage third party subcontractors, such as Cadit, (“Third Party”) to process your OLA request. You acknowledge and agree that any information that you submit in connection with such OLA request will be submitted to such Third Party and will be subject to the privacy policy and terms of use of such Third Party. We urge you to review the Third Party privacy policies and terms of use carefully. To the extent Vitals engages such Third Parties, Vitals shall ensure that any such Third Party to whom it provides personal information agrees to the same restrictions and conditions that apply to Vitals with respect to such personal information. Please be advised that Cadit may share certain personal information submitted to Cadit with Vitals to create Vitals user accounts and personalize the search experience on our Platform. Vitals does not have, and does not assume, any responsibility for the confidentiality of communications between you and your Healthcare Provider, other than those expressly stated in our Privacy Policy and Terms of Use, or any responsibility for a violation of state or federal laws by your Healthcare Provider. When you use the OLA service, you may automatically receive administrative emails from us. You cannot opt-out of receiving administrative emails sent by us.

You can decline to provide your personal information to us by not engaging in the activities described above, such as by not registering or creating a Vitals account on the Platform or by not using the Products and Services. If you decline to submit personal information, Vitals may not be able to or may choose not to provide to you some or all of its Products and Services. Accordingly, you can determine to a large extent what personal information you wish to provide to us.

Activity and Cookie Data

Vitals also collects non-personally identifiable server-log information relating to our users. This information may include, but is not limited to, (i) your Vitals account activity, including storage usage, number of log-ins, data displayed or selected, including user interface elements, links, etc, and (ii) your web or mobile application request, Internet Protocol address (“IP address”), the location of your computer (through the IP address), browser type, browser language, browser programming language, computer or mobile device type, the date and time of your request, date and time of access, and one or more cookies that may uniquely identify your browser and referrer Uniform Resource Locator (“URL”). None of this information alone enables Vitals to personally identify or contact you.

When you visit the Platform, we send to your computer and/or your mobile device (such as a smartphone), one or more cookies, which are small files containing a string of characters. A cookie, among other things, uniquely identifies your browser or your mobile device, as applicable, and allows Vitals to “remember” your mobile device and/or your activities on the Platform. Vitals uses cookies to uniquely identify computers and mobile devices of users of the Platform. No personal information is collected or stored in these cookies. We use cookies to improve the quality of the Products and Services. Most browsers and mobile devices are initially set up to accept cookies but you can reset your browser or the settings on your mobile device to reject all cookies. Some browsers also can be set to indicate when a cookie is being sent. Please note that some features of our Platform may not function properly, if your computer or mobile device is set to reject all cookies.

Use of personal information.

Your personal information included in each of categories A, B, D and E described above may be used for the following business purposes:

  • providing the Platform and the Products and Services to you, including but not limited to, the processing, formatting and displaying of your Information, customized content and the delivery of customized Products and Services to you;
  • auditing, research and analysis in order to troubleshoot, maintain, protect and improve the Products and Services and the Platform;
  • ensuring the technical functioning of Vitals’ network and the Platform, including creating and maintaining backups or other archival copies of personal information and other related data;
  • developing and offering Products and Services, which may include use of your information by Vitals in connection with developing and offering to you Products and Services such as awards, newsletters regarding specific health conditions, health education and/or disease prevention), which Products and Services may be supported by third-party advertising from Healthcare Providers and manufacturers, retailers and/or other service providers within the healthcare industry (e.g., pharmaceutical and/or medical device manufacturers, suppliers, or retailers). Vitals will communicate about these Products and Services to you through postal mail, email, fax, telephone, text message, or other forms of electronic communications; and
  • to personalize your search experience on the Platform.

In addition, we may use personal information about you for other purposes that are disclosed to you at the time we collect the information and/or with your consent.

Sharing your personal information

Personal information disclosed for a business purpose

We may share your information with our subsidiaries, affiliates and companies acquired by or merged with us and our affiliates.

We may disclose your registration information to certain third parties in connection with the various programs, tools and services that are provided through the Platform.

We may share your personal information with employees, contractors and agents of Vitals who need to know such personal information for performing their duties with respect to the purposes set forth in this section. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination, if they fail to meet these obligations.

We may employ third parties to perform services on our behalf. Examples may include services to improve our Platform, marketing, advertising, and promotional efforts and to facilitate transactions, includes processing orders by credit card. These third parties will have access to your personal information only as necessary to perform their services, and they may not use your personal information for any other purpose.

We may disclose your personal information to government authorities and to other third parties when compelled to do so by government authorities, at our discretion, or otherwise as required by law, including but not limited to in response to court orders and subpoenas. We also may disclose your personal information when we have reason to believe that someone is or may be causing injury to or interference with our rights or property, other users of the Platform, or anyone else that could be harmed by such activities.

In the preceding twelve (12) months, we have disclosed your personal information included in each of categories A, B, D and E for a business purpose.

We disclose your personal information for a business purpose to the following categories of third parties: (i) service providers, and (ii) third parties to whom you or your agents authorize us to disclose your personal information in connection with the Services.

Personal information “sold” to third parties

Your registration information may be provided to third party advertisers and retailers, and their affiliates, to offer goods and services that they believe you may be interested in.

Vitals permits third-party advertising companies and networks to place paid advertisements that may be visible when you visit, use and/or access the Platform. These companies and networks include, among others, third party ad servers, ad agencies, advertising networks, advertising technology vendors, and research firms. These third party ad servers and advertisers may use cookies, pixel trackers, or other internet technology to improve the effectiveness and targeting of advertisements to you within the Platform and any other place where that third-party is serving advertisements. The Platform does not have access to, nor control over, advertisers’ or ad service providers’ cookies or how they may be used or how they were collected. In many cases, this information could be used to show you ads based on your interests on other websites.

In the preceding twelve (12) months, we have made available your personal information included in category A, B and D to third parties for advertising services described herein.

We do not sell the personal information of consumers that we know are minors under 16 years of age without affirmative authorization as required under the CCPA.

Your rights

The CCPA provides California consumers with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to specific information and data portability rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • the categories of personal information we collected about you.
  • the categories of sources for the personal information we collected about you.
  • our business or commercial purpose for collecting or selling that personal information.
  • the categories of third parties with whom we share that personal information.
  • the specific pieces of personal information we collected about you (also called a data portability request).
  • if we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period.

Deletion rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

  • complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  • detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • debug products to identify and repair errors that impair existing intended functionality.
  • exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  • 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 the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
  • enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • comply with a legal obligation.
  • make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Right to opt out of the sale of your personal information

You have the right to opt out of the sale of your personal information subject to certain exclusions as described below. Once we receive your request, we will not sell your personal information, unless an exclusion applies. We may request that you authorize the sale of your personal information after 12 months following your opt-out.

The CCPA excludes certain transfers of your personal information from what constitutes a sale thereof:

  • As directed by you:
    • When you direct us to intentionally disclose your personal information or use the Services to intentionally interact with us or a third party (provided that third party does not sell your personal information, unless that disclosure would be consistent with the CCPA).
  • Opt-out signal:
    • We may share an identifier for you if you have opted out of the sale of your personal information for the purposes of alerting third parties of your election.
  • Service provider:
    • We may share your personal information with a service provider that is necessary to perform a business purpose as described above if both of the following conditions are met:
      • we provide notice of the sharing and your opt-out right as described herein.
      • the service provider does not further collect, sell, or use the personal information of the consumer except as necessary to perform the business purpose.
  • Change of control:
    • We may transfer to a third party your personal information as an asset that is part of a merger, acquisition, bankruptcy, or other transaction subject to certain requirements described in the CCPA.
  • We are unable to process opt-out requests across devices for advertising services described herein. For example, if you opt out on your browser, we are not able to honor that request if you are using one of our App due to our practices and the limitations described above. Please see below on how to opt out across devices.

Exercising access, data portability and deletion rights

To exercise the access, data portability and deletion rights described above, please submit a request to us by either:

By calling the toll-free number or using the above link, you will be asked to provide certain identifying information, such as name, email, residency and date of birth, which we will only use to process or verify your request. You will be asked to validate your request by clicking a validation link in an email that will be sent to the email address provided.

The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

You may be asked to provide further verifying documentation, such as proof of residency and identity.

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. If you are making a request through an authorized agent acting on your behalf, such authorized agent must provide proof of written authorization to do so, and you must verify your identity directly with us, unless such authorized agent provides proof of a power of attorney pursuant to Probate Code sections 4000 to 4465.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Exercising your opt-out right.

You may exercise your opt-out right by visiting the our Website and clicking the “Do Not Sell My Personal Information” link in the footer.

You have options and choices about the collection and use of information by third parties on our Platform:

For more information about these third-party ad networks and opting out of tracking, see: https://www.networkadvertising.org/managing/opt_out.asp

For more information about interest-based information tracking and opting out, see: https://www.aboutads.info/choices/

For information about disabling and controlling third-party cookies in your browser, see: https://www.aboutcookies.org/Default.aspx?page=1

Additionally, most browser software can be set to reject all cookies, including third party cookies, however, if you choose to reject our cookies, your ability to access and use the Services will be limited. Typically the cookie settings are within the “options” or “preferences” menu in your browser. The links below provide information about cookie settings for some commonly used browsers:

You may control interest-based advertising on your mobile device by enabling the “Limit Ad Tracking” setting in your iOS device’s settings or “Opt out of Ads Personalization” in your Android device’s settings. This will not prevent you from seeing advertisements, but will limit the use of device advertising identifiers to personalize ads based on your interests. If you have questions about how to reject cookies on your specific device please check with the device manufacturer.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. Any disclosures we provide will cover a period of no less than 12 months preceding the receipt of a verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

We may provide a different level of Services if the difference is reasonably related to value provided by your data.

Changes to this privacy notice

We reserve the right to change or modify this privacy notice and any of our Services at any time and any changes will be effective upon being posted unless we advise otherwise. By continuing to use the Services after changes are made to this privacy notice, you agree to such changes. We encourage you to periodically review this privacy notice for the latest information on our privacy practices.

Contact information

Please send us an email by using the Contact Us link at the bottom of every page of the WebMD Sites if you have any questions about this privacy notice or the personal information we maintain about you. We will respond to your request within a reasonable timeframe.

You can also contact WebMD’s Privacy Office at:

WebMD LLCAttn: Office of Privacy1201 Peachtree Street, NE400 Colony Square, Suite 2100Atlanta, GA 30361Phone: (866) 967-1408

Effective Date: January 1, 2020

The Vitals website is provided for your informational use only. Nothing contained or offered by, on or through Vitals should be construed as medical advice or relied upon for medical diagnosis or treatment. Vitals does not recommend or endorse any particular healthcare provider whose information or ratings appear on this website. We encourage you to read our full Terms of Service.