Privacy Policy
This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Site and tells You about Your privacy rights and how the law protects You. Please refer to Section 2 below for the meanings of each capitalized term used in this Privacy Policy.
We use Your Personal Data to provide and improve the Site. By using the Site, You agree to the collection and use of information, including Personal Data, in accordance with this Privacy Policy.
A. Interpretation and Definitions
1. Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
2. Definitions
For the purposes of this Privacy Policy:
- Account means a unique account created for You to access our Site or parts of our Site.
- Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
- Company (also referred to as "We", "Us" or "Our" in this Privacy Policy) means Eminence Home Care LLC, 130 S. Easton Road, Glenside, PA 19038, and its Affiliates.
- Cookies means small files that are placed on Your computer, mobile device, or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- Country means the United States.
- Device means any device that can access the Site such as a computer, a cellphone, or a digital tablet.
- Personal Data is any information that relates to an identified or identifiable individual.
- Site means this website, accessible from https://www.eminencehcs.com/.
- Services means the home health care services We provide to Our customers.
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Site, to provide the Site on behalf of the Company, to perform services related to the Site, or to assist the Company in analyzing how the Site is used.
- Usage Data refers to data collected automatically, either generated by the use of the Site or from the Site infrastructure itself (for example, the page visited and the duration of a page visit).
- You means the individual accessing or using the Site, or the company, or other legal entity on behalf of which such individual is accessing or using the Site, as applicable.
B. Collecting and Using Your Personal Data
1. Types of Data Collected
a. Personal Data
While using Our Site, We may ask You to provide Us with Personal Data that can be used to contact or identify You. Personal Data may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Usage Data
b. Usage Data
Usage Data is collected automatically when using the Site. Usage Data may include information such as Your Device’s Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our Site that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers, and other diagnostic data.
When You access the Site by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers, and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Site or when You access the Site by or through a mobile device.
c. Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on Our Site and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information, including Personal Data, and to improve and analyze Our Site. The technologies We use may include:
Web Beacons
Certain sections of our Site and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies or Browser Cookies
Unless you have adjusted Your browser setting so that it will refuse Cookies, our Site may use Cookies. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Site.
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.
We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Site and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Site.
Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Site, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Site.
Before using the Site, you will be presented with a Cookie banner where you can choose to ‘allow all cookies’, ‘allow only necessary’ or ‘adjust your preferences’ for a more tailored approach to Cookie management.
If you do consent to the use of non-essential trackers, you can customize and withdraw your consent at any time (except concerning necessary/essential cookies) in our Cookies Preference Center where you can specify which cookies and tracking technologies you consent to. You can also manage your cookie preferences by interacting with the floating Cookie icon located on the bottom left-hand side of the web page.
2. Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Site, including to monitor the usage of our Site.
- To manage Your Account: to manage Your registration as a user of the Site. The Personal Data You provide can give You access to different functionalities of the Site that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract You enter with Us through the Site.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation. We will only contact You via SMS or other equivalent forms of electronic communication if you consent to receiving SMS communications from Us in accordance with Our SMS Messaging Policy described in Section G of this Privacy Policy.
- To provide You with news, special offers and general information about other goods, services, and events which we offer unless You have opted not to receive such information. Information about Our opt-in and opt-out procedures for SMS messaging is provided in Section G of this Privacy Policy.
- To manage Your requests: To attend and manage Your requests to Us.
- For business transfers: To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Site users is among the assets transferred.
- For other purposes: For other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Site, products, services, marketing and your experience.
We may share Personal Data in the following situations:
- With Service Providers: We may share Personal Data with Service Providers, including, but not limited to, third-party call centers, to contact you in response to an inquiry or request for information that you submit on Our Site or as otherwise permitted to contact you pursuant to this Privacy Policy or to monitor and analyze the use of Our Site.
- For business transfers: We may share or transfer Personal Data in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
- With Affiliates: We may share 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.
- With business partners: We may share Personal Data with Our business partners to offer You certain products, services or promotions.
- With other users: when You share Personal Data or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
- With Your consent: We may disclose Personal Data for any other purpose with Your consent.
Cookies or Browser Cookies
Unless you have adjusted Your browser setting so that it will refuse Cookies, our Site may use Cookies. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Site.
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.
We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Site and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Site.
Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Site, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Site.
Before using the Site, you will be presented with a Cookie banner where you can choose to ‘allow all cookies’, ‘allow only necessary’ or ‘adjust your preferences’ for a more tailored approach to Cookie management.
If you do consent to the use of non-essential trackers, you can customize and withdraw your consent at any time (except concerning necessary/essential cookies) in our Cookies Preference Center where you can specify which cookies and tracking technologies you consent to. You can also manage your cookie preferences by interacting with the floating Cookie icon located on the bottom left-hand side of the web page.
2. Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Site, including to monitor the usage of our Site.
- To manage Your Account: to manage Your registration as a user of the Site. The Personal Data You provide can give You access to different functionalities of the Site that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract You enter with Us through the Site.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation. We will only contact You via SMS or other equivalent forms of electronic communication if you consent to receiving SMS communications from Us in accordance with Our SMS Messaging Policy described in Section G of this Privacy Policy.
- To provide You with news, special offers and general information about other goods, services, and events which we offer unless You have opted not to receive such information. Information about Our opt-in and opt-out procedures for SMS messaging is provided in Section G of this Privacy Policy.
- To manage Your requests: To attend and manage Your requests to Us.
- For business transfers: To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Site users is among the assets transferred.
- For other purposes: For other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Site, products, services, marketing and your experience.
We may share Personal Data in the following situations:
- With Service Providers: We may share Personal Data with Service Providers, including, but not limited to, third-party call centers, to contact you in response to an inquiry or request for information that you submit on Our Site or as otherwise permitted to contact you pursuant to this Privacy Policy or to monitor and analyze the use of Our Site.
- For business transfers: We may share or transfer Personal Data in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
- With Affiliates: We may share 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.
- With business partners: We may share Personal Data with Our business partners to offer You certain products, services or promotions.
- With other users: when You share Personal Data or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
- With Your consent: We may disclose Personal Data for any other purpose with Your consent.
3. Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy unless we are legally obligated to retain any Personal Data for longer time periods. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Site, or We are legally obligated to retain this data for longer time periods.
4. Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating 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 Personal Data represents Your agreement to that transfer and storage.
The Company 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 Personal Data.
5. Delete Your Personal Data
You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You. You may also request to update or amend Your information at any time. Please contact us at [1-800-203-6595] with any such requests.
Our Site may give You the ability to delete certain information about You from within the Site.
Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.
6. Disclosure of Your Personal Data
a. Business Transactions
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred.
b. Law enforcement
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
c. Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Site
- Protect the personal safety of Users of the Site or the public
- Protect against legal liability
7. Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
C. Children's Privacy
Our Site does not address anyone under the age of 18. We do not knowingly collect Personal Data from anyone under the age of 18. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us at [1-800-203-6595]. If We become aware that We have collected Personal Data from anyone under the age of 18 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Personal Data and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
D. Links to Other Websites
Our Site may contain links to other websites that are not operated by Us. If You click on a link to a third party, You will be directed to that third party's site. We strongly advise You to review the Terms of Use and Privacy Policy of every site You visit.
We have no control over and assume no responsibility or liability for the content, privacy policies or practices of any third-party sites or services.
E. Changes to this Privacy Policy
We may modify or replace this Privacy Policy at any time. If a revision is material, We will make reasonable efforts to provide notice prior to any new terms taking effect but will include the date of the most recent changes on the first page of the Site when material changes are made to this Privacy Policy. What constitutes a material change will be determined by Us at Our sole discretion.
By continuing to access or use Our Site after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Site.
F. Contact Us
If you have any questions about this Privacy Policy, You can contact us:
- By visiting Our Site and filling out the form accessible at: https://www.eminencehcs.com/contact
G. SMS Messaging Policy
You may review Our SMS Messaging Policy on Our Site at: https://www.eminencehcs.com/privacy-policy.
H. Additional Privacy Rights for Residents of Certain States
1. California:
California residents may have additional rights under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (Cal. Civ. Code § 1798.100 et seq. and collectively referred to as the “CCPA”), subject to certain limitations. The obligations and rights in this section do not apply to personal information we collect from or about job applicants, vendors, suppliers, independent contractors, current or former full-time, part-time, and temporary employees and staff, officers, directors, or owners of Company or residents of any state other than California. No user of the Site will be discriminated against for exercising their rights under the CCPA.
As described in this Privacy Policy, We may collect various categories of personal information, including without limitation, Personal Data, from users of the Site to provide the Services and related support, analyze, personalize, and improve Our Services, engage in advertising, marketing and promotional activities, process sales, execute Our internal operations, secure and protect Our business, and comply with legal obligations.
Subject to certain exemptions, if You are a California resident, the CCPA grants You the following rights:
- Request to Know. California residents have a right to request a copy of particular information we have collected about You, up to two (2) times in a 12-month period, subject to certain exemptions. We will deliver this information, free of charge, by mail or electronically in a portable and, to the extent technically feasible, readily usable format that allows the requester to transmit this information to another entity without hindrance, which may include:
- categories of personal information collected;
- types of sources from which the personal information is collected;
- business and/or commercial purposes for collecting and selling a user’s personal information; and the
- categories of third parties with whom we have shared personal information.
- Request to Delete. California residents have a right to request that We delete any personal information about them that We have collected through the Site, subject to certain exceptions. If You are a California resident who makes such a request, once We receive and confirm your verifiable 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 Provider(s) to do any of the following:
- 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, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform Our contract with You.
- Detect, prevent, or mitigate security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Use the information as necessary 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 et. seq.).
- Enable solely internal uses that are reasonably aligned with our normal operations and 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.
- Request to Correct. California residents have a right to request that We use commercially reasonable efforts to correct any personal information about them that we have collected through the Site which is inaccurate.
Only You, or someone legally authorized to act on Your behalf, may make one of the above requests related to Your personal information. You may also make a verifiable consumer request on behalf of Your minor child. In order for Us to act on one of these requests, We must be able to verify Your identity or authority to make the request and confirm the personal information relates to You, and Your 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; and
- Describe Your request with sufficient detail that allows Us to properly understand, evaluate, and respond to it.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request and will 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.
- Right to Opt-out of Sale of Personal Information. The CCPA gives California residents 16 years of age or older the right to opt-out of the sale of their personal information at any time. This Site is not intended for use by children, so We do not sell the personal information of consumers We know are less than 16 years of age, unless We receive affirmative authorization (the “right to opt-in”) from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
2. Other States:
2. Other States:
Additionally, Connecticut, Maryland, New Hampshire, and New Jersey provide their state residents with certain rights, including the right to:
- Confirm whether we process their personal information;
- Access and delete certain personal information;
- Correct inaccuracies in their personal information, taking into account the nature and processing purpose of the personal information;
- Data portability;
- Opt-out of personal information processing for: targeted advertising, sales, or profiling in furtherance of decisions that produce legal or similarly significant effects; and/or
- Limit Our ability or require Your consent to process personal information.
The exact scope of these rights varies by state. If You are a resident of a state with additional protections and would like to make any request as described herein, please contact Us as provided in this Privacy Policy at https://www.eminencehcs.com/privacy-policy. We will respond to verifiable requests received from such states’ residents as required by law.