Privacy Policy - EIR Club

EIR CLUB PRIVACY POLICY

Last Update: February 2, 2022

This Privacy Policy applies to our website: eirclub.com. The website eirclub.com (the “Website”) is owned and operated by EIR Club LLC which is based in Denver, CO, USA. The terms “we”, “us”, and “our” refer to EIR Club LLC. Your privacy is very important to us. We want to make your experience on the Internet as enjoyable and rewarding as possible, and we want you to use the internet’s vast array of information, tools, and opportunities with complete confidence. We have created this Privacy Policy to demonstrate our firm commitment to privacy and security. This Privacy Policy describes how we collect information from all end users of our internet services (the “Services”) – those who access some of our Services but do not have memberships (“Visitors”) as well as those who may purchase Memberships and/or pay a monthly service fee to subscribe to the Services (“Members”) – what we do with the information we collect, and the choices Visitors and Members have concerning the collection and use of such information. We request that you read this Privacy Policy carefully. For questions about our Privacy Policy, opting-in, opting-out, requesting a copy of the information collected about you or requesting we delete the information collected about you, please email us at info@eirclub.com.

PLEASE NOTE THAT THIS AGREEMENT CONTAINS THE FOLLOWING IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND CHOICES:

OPT-IN AND OPT-OUT POLICY FOR RECEIVING COMMUNICATION FROM US VIA EMAIL
INFORMATION FOR RESIDENTS OF CALIFORNIA

BY CLICKING ACCEPT, CHECKING AN ACCEPTANCE BOX, ACCESSING OUR SITES, OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THIS POLICY AS IF YOU HAD SIGNED IT.

EIR Member Sessions on ChARM

We deploy MedicalMine, Inc., a California corporation, that provides a suite of web-based software services including ChARM EHR for electronic health records hosted at charmhealth.com, charmehr.com and ehr.charmtracker.com/ (“ChARM EHR Services”), ChARM PHR for personal health records at charmphr.com and phr.charmtracker.com/ (“ChARM PHR Services”), associated mobile applications including ChARM EHR Scheduler and ChARM EHR Kiosk, among others (collectively, the “Services”). Privacy issues related to our Services are subject to ChARM’s ‘Privacy Policy.’

General. MedicalMine Inc., is a Pleasanton, California based company and maker of popular ChARM suite of products, built to address application of cloud and mobile technologies for managing healthcare data and intelligent data analysis. ChARM product suite includes Integrated EHR, Practice Management and RCM solution, Patient Portal for Patient Engagement, TeleHealth solution for Remote patient care, Connect solution for Collaborative communication, along with a slew of Mobile apps across platforms. MedicalMine respects your need for online privacy and protects any personal information that you may share with us, in an appropriate manner. MedicalMine’s servers and infrastructure are hosted at Tier 3 Plus data centers equipped with the latest technology to securely house sensitive data. They have put in place elaborate security processes to ensure utmost security and privacy of healthcare information. MedicalMine follows very strict and standardized practices in areas of Access Controls, Network Security, Physical Security, Information Security, Application Security, Operations Security and Business Continuity. In addition, all communications between users’ browser and MedicalMine applications are encrypted using Secure Socket Layer (SSL).

Personal Information Collection & Use

By subscribing to EIR Club’s Services, you consent to the collection and use of certain personally identifiable information, including but not limited to, your name, phone number and postal address (“Personal Information”). The Personal Information EIR collects is used to provide and improve the Services. EIR will not use or share Your Personal Information with any third party except as described in this Privacy Policy.

During the Member registration process, our Electronic Medical Records platform will prompt you to choose a unique username and a password, which will be used solely for the purpose of providing access to your private member user account (“Member Portal”). Your name and email address will be used to inform you regarding new services, releases, upcoming events and changes in this Privacy Policy. Your personal information will not be shared with other entities without your explicit consent.

Protected Health Information (PHI)

MedicalMine is a Business Associate as defined under the administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996 and its privacy and security regulations (HIPAA), and under the privacy and security provisions of the Health Information Technology for Economic and Clinical Health Act of 2009 (the HITECH Act). We will comply with the business associate provisions of these regulations with regard to Protected Health Information. We will also comply with provisions of the HIPAA Security Rule that apply to business associates under the HITECH Act, and the privacy and security provisions of the HITECH Act that are applicable to business associates.

Permitted Uses and Disclosure of PHI. MedicalMine permits use and disclosure of PHI in accordance with the HIPAA and HITECH, as described below:

Allow access to protected health information to you and your staff for the purpose of providing healthcare.
Allow access to protected health information for other health care providers and their business associates for treatment. This includes disclosing health information for related applications that you select, such as clinical laboratory reporting, billing and e-prescribing, as well as to other health care providers to whom you agree to give access to patient’s protected health information for treatment. You agree to be bound by the terms of use and other agreements relating to such third-party products and services.
Allow access to protected health information to your patients through our PHR portal. You control which of your patients have access to their health records, and what kind of information they can see.
Allow use of De-identified health information for research purpose
Create limited data sets from patient health information, and disclose them for any purpose for which you may disclose a limited data set.
Aggregate health information with that of other users, and use the aggregated information for reporting and share aggregated information in accordance with applicable state and federal law.

We may disclose protected health information if the disclosure is required by law. We reserve the right to make any other uses of your health information that are permitted to a business associate. However, except as permitted by the Privacy Rule, we will not use or disclose protected health information in any manner that would violate the Privacy Rule. Patient entered health information is shared by the patient with practitioners in accordance with permissions set by the patient.

Payment Processing

We deploy PaymentCloud payment processing, hosted on paymentcloudinc.com, to encrypt and tokenize to protect Personally Identifiable Information (PII), Protected Health Information (PHI), and payment and account data entered. Privacy issues related to our Service payment processing, encryption, and tokenization are subject to PaymentCloud’s ‘Privacy Policy.’ Please read and review PaymentCloud’s “Terms of Service” & “Privacy Policy” before registering for our Services. You must be at least 21 years of age to enter into this binding agreement. If you are not at least 21 years old or if you do not agree to each of charmhealth.com’s “Terms of Services,” you are prohibited from and must not access or use any of our Services.

You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

Personal Information We Collect & How It’s Used

Introduction. We collect information in different ways from Visitors and Members who access the various parts of our Services and the network of websites accessible through our Service. We use this information primarily to provide a customized experience as you use our Services and generally, do not share this information with third parties. However, we may disclose personal information collected if we have received your permission beforehand or in very special circumstances, such as when we believe that such disclosure is required by law or other special cases described below. If you order Services directly from us we will use the personal information you provide only to process that order. We do not share this information with outside parties except to the extent necessary to complete that order.

Registration. Members may be asked to provide certain personal information when they sign up for our Services including name, address, telephone number, driver’s license, proof of residence, billing information (such as a credit card number), health, wellness and lifestyle details, including but not limited to: current medications, health history and beyond, and the type of personal computer being used to access the Services. The personal information collected from Members during the registration process is used to manage each Member’s account (such as for billing purposes and managing ongoing care). This information is not shared with third parties, unless specifically stated otherwise or in special circumstances.

In instances where we and a partner jointly promote our Services, we may provide the partner certain personal information, such as the name, address, and username of persons who subscribed to our Services as a result of the joint promotion for the sole purpose of allowing us and the partner to assess the results of the promotion. In this instance, personal information may not be used by the partner for any other purpose. We may also generate non-identifying and aggregate profiles from personal information Members provide during registration (such as the total number, but not the names, of Members, or total number, but not names of Members, who seek cannabis coaching and consultations for certain symptoms or conditions). As explained in more detail below, we may use this aggregated and non-identifying information to sell advertisements that appear on the Services. In the case of purchases, personal information is retained by our partners and subject to their privacy policies.

Our Partners & Sponsors: Some products and services may be offered to Visitors and Members in conjunction with an affiliate, independent contractor seller or non-affiliated partner. To provide Visitors and Members some of these products and services, the partner may need to collect and maintain personal information. In these instances, you will be notified before any such data is collected or transferred and may decide not to use that particular service or feature. Additionally, our partners may have advertisements or co-branded web pages that are cosponsored by an affiliate, independent contractor seller, or non-affiliated partner. We may share non-identifying and aggregate information (except as described above), but not personal information, with such partners in order to administer the co-branded products or services offered.

Online Advertisers: We may display our online advertisements. In those cases we share aggregated and non-identifying information about our Visitors and Members collected through the registration process as well as through online surveys and promotions with these advertisers. Additionally, in some instances, we use this aggregated and non-identifying information to deliver tailored advertisements or joint ventures. For instance, an advertiser or joint venture company tells us the audience they want to reach and provides us with an advertisement tailored to the audience. Based upon the aggregated and non-identifying information we have collected, we may then display or send the advertisement to the intended audience. We do not share personal information about its Visitors or Members with these advertisers or joint venture companies.

Responses to Email Inquiries. When Visitors or Members send email inquiries to us, the return email address is used to answer the email inquiry we receive. We do not use the return email address for any other purpose and do not share the return email address with any third party.

Voluntary Customer Surveys. We may periodically conduct both business and individual customer surveys. We encourage our Visitors and Members to participate in these surveys because they provide us with important information that helps us to improve the types of products and services we offer and how we provide them to you. Your personal information and responses will remain strictly confidential, even if the survey is conducted by a third party. Participation in our customer surveys is voluntary. We may take the information we receive from individuals responding to our customer surveys and combine (or aggregate) it with the responses of other customers we may have to create broader, generic responses to the survey questions (such as gender, pre-existing conditions, symptoms, age, residence, hobbies, education, employment, industry sector, or other demographic information). We then use the aggregated information to improve the quality of our services to you and to develop new services and products. This aggregated, non-personally identifying information may be shared with third parties.

Special Cases. It is our policy not to use or share the personal information about Visitors or Members in ways unrelated to the ones described above without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses. However, we may disclose personal information about Visitors or Members or information regarding your use of the Services or websites accessible through our Services, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including: credit agencies; collection agencies; merchant database agencies; law enforcement, or to satisfy laws, such as the Electronic Communications Privacy Act, the Child Online Privacy Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Privacy Policy or Terms and Conditions, or other user policies; to operate the Services properly; or to protect us and our Members.

Age Verification. Our Services are highly regulated and age and residence-restricted. We are required and committed to preventing Service fulfillment to anyone under the legal consumption age of 21 years. To determine each individual’s eligibility for Memberships and to adhere to individual state regulations and requirements, we require registrees to upload a current driver’s license to a third-party service provider, which verifies that they 1) are of legal age to engage with cannabis, 2) reside in a state with legal cannabis laws and regulation, and 3) understand that providing false information may constitute a violation of the law. This process has been developed with your privacy in mind with detailed information neither shared nor accessible. If through the third-party verification service we are not able to verify your age/or identity, you will be requested to upload a copy of your government ID so that our team can manually verify your date of birth. Photo ID’s are uploaded to our third-party partner’s secure database and we simply process the result that they provide – we do not receive a file with your ID to be stored on our servers or database. Some of the products that we advertise on behalf of our affiliate partners are also highly regulated and age-restricted. Our partners are required and committed to preventing sales to anyone under the legal purchasing age. Once you leave our Website and enter our partners’ websites to purchase products of your choosing, age verifications are subject to our partners’ ‘Terms & Conditions,’ ‘Privacy Policies’, and ‘General Conditions’, as applicable.

“Cookies” & How We Use Them. A “cookie” is a small data file that can be placed on your hard drive when you visit certain websites. We may use cookies to collect, store, and sometimes track information for statistical purposes to improve the products and services we provide and to manage our telecommunications networks. If you are a Visitor or Member we may use a cookie to save your settings and to provide customizable and personalized services. These cookies do not enable third parties to access any of your customer information. Additionally, be aware that if you visit other websites where you are prompted to log in or that are customizable, you may be required to accept cookies. Advertisers and partners may also use their own cookies. We do not control use of these cookies and expressly disclaim responsibility for information collected through them.

We Are Committed to Children’s Privacy. EIR’s services do not address anyone under the age of 21. Protecting children’s privacy is especially important to us. It is our policy to comply with the Children’s Online Privacy Protection Act of 1998 and all other applicable laws. We do not knowingly collect personally identifiable information from children under 18 without permission from a parent or guardian. If you are a parent or legal guardian and think your child under 18 has given us information, you can email us at info@eirclub.com, so that we can take the necessary actions. You can also write to us at the address listed at the end of this policy. Please mark your inquiries “COPPA Information Request.” Parents, you can learn more about how to protect children’s privacy online here: http://www.business.ftc.gov/privacy-and-security/childrens-privacy. We restrict our Website to persons 21 years or older.

Online Partner Shopping. On our partners’ websites, you can purchase products and services or register to receive materials, such as a newsletter, catalog or new product and service updates. In many cases, you may be asked to provide contact information, such as your name, address, email address, phone number, and credit/debit card information. All products purchased through our partners’ websites are subject to their ‘Terms of Use,’ ‘Privacy Policies’ and ‘General Conditions’, as applicable. We have no control over the third parties’ use of any personal information you provide when placing such an order. Please exercise care when doing so.

Public Forums. Please remember that any information you may disclose in any member directory, social community or other public areas of our Website or the internet becomes public information. You should exercise caution when deciding to disclose personal information in these public areas. Services

We Are Committed to Data Security. Services and websites we sponsor have security measures in place to protect the loss, misuse, and alteration of the information under our control. While we make every effort to ensure the integrity and security of our networks and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information.

Information You Submit to EIR Club. We receive and store any information you enter on our Web site or give us in any other way. Types of information that you may submit, and we may collect include:

Contact Information. We use the information that you provide for such purposes as responding to your requests, customizing future Services, and communicating with you. For example, we collect your name, age, state of residence, and email address if you register on our site (as a part of our newsletter). When registering for our Services, we will also collect your phone number, mailing address, zip code, and personal health, wellness, and lifestyle information.
Payment Information. For example, we may collect your credit card number if you make a Service purchase through eirclub.com’s third-party services providers, including ChARM and PaymentCloud. This information is subject to our third party services providers’ ‘Terms of Use,’ ‘Privacy Policy,’ and General Conditions.
Information You Submit or Post. We collect the information you post in a public space on our site. We also collect information when you contact us.
Demographic Information. We may collect information like your gender and age. We may also collect your zip code. We might collect this when you contact us or enter a promotion, sweepstakes or contest, or when you make a Service purchase through eir.com, including registration at our in-person and virtual events.
Content Related Information. When uploading pictures, a driver’s license, a name and an email address may be required. Generally, the information collected helps us to communicate with you regarding content that you have submitted. For instance, we may use your email address to notify you of the status of the content you have submitted.

Automatically Collected Information. We receive and store certain types of information whenever you interact with us. For example, like many websites, we use “cookies,” and we obtain certain types of information when your Web browser accesses eirclub.com, or our advertisements. We may collect information about the browser you’re using. We might look at what site you came from, or what site you visit when you leave us. We may also look at clickstream data. We may combine this information with other information we collect from you. This includes anything we collect from third parties. If you use our mobile Website, we may collect your GPS location and your unique device identifier.

Device Identifiable Information. We may collect information that does not identify you personally, but is linked to your computer or device (“Device Identifiable Information”). We collect Device Identifiable Information from you in the normal course of operating our Website. When you visit our Website to browse, read or download information, we automatically collect information about your computer that your browser sends, such as your IP address, browser type and language, access times, pages visited, and referring website addresses. We may use Device Identifiable Information we collect to analyze trends, help administer our Website, track the movement of visitors, to learn about and determine how much time visitors spend on each page of the Web Site, how visitors navigate throughout our Website or the Service and to gather broad demographic information for aggregate use.

We may also collect Device Identifiable Information through “cookies” or “web beacons” as explained below.

We may also collect information about your mobile device such as the type and model, operating system (e.g. iOS or Android), carrier name, mobile browser (e.g. Chrome, Safari), applications using our Website, and identifiers assigned to your device, such as its iOS Identifier for Advertising (IDFA), Android Advertising ID (AAID), or unique device identifier (a number uniquely given to your device by your device manufacturer), sometimes referred to as a mobile carrier ID.

We may also collect your location information, such as your zip code or the approximate geographic area provided by your Internet Service Provider (ISP) or location positioning information provided by the location services and GPS features of your mobile device when location services have been enabled.

We collect information directly from you. We receive and store any information you enter on our sites or give to us in any other way. For example, we collect information you choose to provide us when you sign up for our emails, when you use our Website and when you make purchases from us either online or in person. We also collect information if you contact us. We collect information about you through our Website and various points of contact.

We collect information from you passively. On our platforms, which include our Website, private member community, and during cannabis coaching and consultation we collect information passively. We might also collect information passively in our emails or through our apps. We may also collect information passively in connection with third parties. For example, to get purchase information from affiliates, we may gather information passively on their platforms. Tools we use include browser cookies and web beacons.

What are “cookies”, “pixels”, “widgets” and “analytics”? Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide features, personalized advertisements on other websites, and product, blog and Service recommendations.

The Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as flash cookies, by changing the add-ons settings or visiting the website of its manufacturer. Because cookies allow you to take advantage of some of eir.com’s essential features, we recommend that you leave them turned on. For instance, if you block or otherwise reject our cookies, you will not be able to add items to your shopping cart, proceed to checkout on our affiliate partners’ pages, or use any eir.com Services that require you to sign in.

“Pixels”/“Web Beacons” (also known as web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services, to monitor how many visitors view our Services, and to monitor the effectiveness of our advertising. Unlike Cookies, which are stored on the user’s hard drive, Web Beacons are typically embedded invisibly on web pages (or in an email).

“Social Media Widgets” such as the Facebook and Instagram “Like” buttons and LinkedIn (that might include widgets such as the share this button or other interactive mini programs) may be on our Site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. These social media features are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the company providing it.

We may also use Google Analytics and Google Analytics Demographics to collect information regarding visitor behavior and visitor demographics on some of our Services, and to develop website content. This analytics data is not tied to any Personal Information. For more information about Google Analytics, please visit policies.google.com/technologies/partner-sites. You can opt out of Google’s collection and Processing of data generated by your use of the Services by going to tools.google.com/dlpage/gaoptout.

We Use Technology & Information in Different Ways

Our uses of such Technologies fall into the following general categories:

Operationally Necessary. We may use cookies, web beacons, or other similar technologies that are necessary to the operation of our sites, services, applications, and tools. This includes technologies that allow you access to our sites, Services, applications, and tools; that are required to identify irregular site behavior, prevent fraudulent activity and improve security; or that allow you to make use of our functions such as saved search, Membership portal logins or similar functions.

Performance Related. We may use cookies, web beacons, or other similar technologies to assess the performance of our Website, applications, Services, and tools, including as part of our analytic practices to help us understand how our visitors use our Website, determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve our website content, applications, Services, or tools.

Functionality Related. We may use cookies, web beacons, or other similar technologies that allow us to offer you enhanced functionality when accessing or using our sites, services, applications, or tools. This may include identifying you when you sign into our sites or keeping track of your specified preferences, interests, or past items viewed so that we may enhance the presentation of content on our sites.

Advertising or Targeting Related. We may use first-party or third-party cookies and web beacons to deliver content, including ads relevant to your interests, on our sites or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement. If you would like to opt-out of the Technologies we employ on our sites, services, applications, or tools, you may do so by blocking, deleting, or disabling them as your browser or device permits.

We get information about you from third parties. For example, social media platforms may also give us information about you. This might include getting information from social media plugins. Affiliates or other business partners may also give us information. This might include information they gathered passively.

Notwithstanding any other provision, we may also engage a data provider who may collect web log data from you (including IP address and information about your browser or operating system), or place or recognize a unique cookie on your browser to enable you to receive customized ads or content. These cookies contain no personally identifiable information. The cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted to us, e.g., your email address, that we may share with a data provider solely in hashed, non-human readable form. To opt-out of these data provider cookies, please go to www.aboutads.info/choices.

We use information as disclosed and described here.

Information about our Viewers and Members is an important part of our business, and we are not in the business of selling it to others. We share customer information only as described below.

We use information to respond to your requests or questions. For example, we might use your information to respond to your customer feedback.

We use information to improve our products and services. We may use your information to make our Sites better. We might use your information to customize your experience with us or understand your preferences. We may combine information we get from you with information about you we get from third parties.

We use information to communicate with you. We may send you email messages, such as promotional messages and transactional messages.

If you have opted-in to receiving email messages from us, you expressly acknowledge consent to receiving such messages to the email address you have provided us.

You have the choice to opt-in to or opt-out from receiving certain email messages you provide to us at any time. Please see below for ways to opt-out of receiving certain communication from us.

Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Except to the extent expressly covered by this Policy or otherwise prohibited by HIPAA, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

We use various tracking technologies. We–or third parties we work with–use several common data collection technologies including cookies, pixel tags, and similar technologies. We collect personal information about users over time and across different websites when you use this Web site or service. We also have third parties that collect personal information this way. We do this for many reasons, including the following:

To understand the activities and behaviors of Viewers, Members and platform users.
To recognize new visitors to our websites.
To recognize past Viewers and Members.
To present more personalized content and offers, to improve your website experience, optimize your shopping experience, and provide site and service enhancements. For example, to avoid repeatedly showing you the same advertisements.
To serve customized advertising (whether on our website or others you visit).
So we can better understand our audience, our Viewers and Members, our website visitors, and their respective interests. For example, to understand what ads are of interest to consumers.

We may work with third parties who provide us with certain web search services.

We use information for security purposes. We may use information to protect us, our customers, and our Website.

We use information for marketing purposes. If you register with our site or if you opt-in to receiving messages from us in any other way, we may send you information about special offers, new products, or new services. These might be third party offers or products we think you might find interesting. Depending on your choice we may send this type of information via email, call, push notifications in apps, or notifications by regular mail. We also use information to customize offers you receive. This includes using your shopping history on Affiliates or other third-party platforms.

We utilize Third-Party service providers, and use your information to perform those functions. We employ other companies and individuals to perform functions on our behalf. Examples include processing and fulfilling orders affiliate purchases, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.

We use information to communicate with you about your account or our relationship. We may contact you about your account, Membership, or feedback. We might also contact you about this Privacy Policy or our Terms and Conditions.

We use information as otherwise permitted by law. We may share information with third parties.

WE WILL SHARE INFORMATION WITHIN THE EIR CLUB FAMILY OF COMPANIES.

We will share information with third parties who perform services on our behalf. For example, we share information with vendors who send emails for us. We may also share information with companies that operate our Website or run a promotion.

We will share information with our business partners. This includes sharing for marketing or advertising or for purposes of running joint promotions. For example, we will share information with our Affiliates to process orders or understand preferences. Or we might share information that third parties can use to serve you with ads they think you will like. This could include sharing with our partners what ads you look at. Third parties may use information for their own marketing or advertising purposes.

We will share information if we think we have to in order to comply with the law or to protect ourselves. We release account, Membership and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of eir.com, ourViewers, Members or Visitors, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Policy.

We may share information with any successor to all or part of our business. As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Policy (unless, of course, the customer consents otherwise). Also, in the event that EIR Club, or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.

We may share information for other reasons we may describe to you. You have certain choices about sharing and marketing practices.

You can choose not to provide us with information. You can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of such eir.com features as Member Portal, Members-Only Community, and downloadable content.

You can request access to certain information. You may request access to the personal information we maintain about you or request that we correct, amend, delete or block the information by emailing us at info@eirclub.com. You may withdraw any consent you previously provided to us or object at any time on legitimate grounds to the processing of your personal information, and we will apply your preferences going forward.

You can control cookies and tracking tools. Your browser may give you the ability to control cookies. How you do so depends on the type of cookie. Certain browsers can be set to reject browser cookies. To control flash cookies, which we may use on certain websites from time to time, you can go here. Why? Because flash cookies cannot be controlled through your browser settings. If you block cookies on your browser, certain features on our sites may not work. If you block or delete cookies, not all of the tracking activities we have described here will stop. Choices you make are both browser and device-specific.

You can control tools on your mobile devices. For example, you can turn off the GPS locator or push notifications on your phone.

Your California Privacy Rights

This section of the Policy applies only to any natural person “enjoying the benefit and protection of laws and government” of California. If you live in California you have certain rights under the California Consumer Protection Act of 2018 (“CCPA”).

In accordance with the CCPA, this Policy discloses:

what categories of personal information and the specific pieces of personal information we collect;
how that personal information is collected and how we use it;
the categories of personal information that are shared with third parties;
the categories or types of third parties with whom we share personal information.

As a California resident you can request a list of the personal information we collected from you, a list of the personal information we have shared with third parties, and a list of the names of third parties with whom we have shared your personal information. You may make such a request twice per year at no charge to you. You may also request that we do not sell or disclose your personal information to third parties. However, to provide you with most of our services and access to our sites we need to share certain aspects of your personal information with our third party service providers. Accordingly, such requests may affect how you use and access our Website and receive our services.

You may also request that we, and any third parties with whom we have shared your personal information, delete all your personal information. Be advised that we may limit, postpone, or deny your request in order to: (i) facilitate any transaction that you initiate with us; (ii) comply with a legal requirement or process; (iii) comply with our security and safety measures; and (iv) comply with any other exception provided under the CCPA.

To make any of the foregoing requests, email us at info@eirclub.com with the subject line “California Consumer Protection Act Request.”

We store information in the United States. Information we maintain is stored within the United States. If you live outside of the United States, you understand and agree that we may transfer your information to the United States. This site is subject to U.S. laws, which may not afford the same level of protection as those in your country.

We use standard security measures. We use reasonable measures to protect the information you share with us. This includes physical measures. It also includes technical and administrative measures. We use firewall encryption where appropriate. We may also use Secure Socket Layer encryption. Please remember that no data security measures are 100% secure all of the time.

We keep personal information as long as it is necessary or relevant for the practices described in this Policy. We also keep information as otherwise required by law.

Our Site and Do Not Track Signals. Some browsers transmit Do Not Track (DNT) signals to websites. Due to the lack of a common interpretation of DNT signals throughout the industry, we do not currently alter, change, or respond to DNT requests or signals from these browsers. We will continue to monitor industry activity in this area and reassess our DNT practices as necessary.

You can update your information. To update your information, log into the site and click the “Member Portal” link at the top of every eir.com page. You can also update it by clicking here: https://accounts.charmtracker.com/signin, clicking “Forgot Password?”, and following the prompts to create and set up a new password, using the email address you used during registration.

We may link to other sites or have third party services on our site we do not control.

If you click on a link to a third party site, you will be taken to websites we do not control. This policy does not apply to the privacy practices of that website. Read the privacy policy of other websites carefully. We are not responsible for these third party sites. Our site may also serve third party content that contains their own cookies or tracking technologies. We do not control the use of those technologies. We also do not control the privacy practices of our Affiliates. This includes their use of cookies and other tracking technologies.

Terms of Use, Notices, Revisions, Limitation on Liability, Litigation. If you choose to visit eir.com, your visit and any dispute over privacy is subject to this Privacy Policy and our Terms & Conditions, including limitations on damages, resolution of disputes, and application of the law of the State of Colorado. If you have any concern about privacy at eir.com, please contact us with a thorough description, and we will try to resolve it. Our business changes constantly, and our Privacy Policy and the Terms & Conditions will change also. We may email periodic reminders of our notices and conditions, but you should check our Web site frequently to see recent changes. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.

Except where prohibited, by visiting and using eir.com, you agree that: (1) any and all questions, controversies, claims and causes of action arising out of or connected with the construction, validity, interpretation, and enforceability of this Privacy Policy shall be resolved in the appropriate state or federal court located in the City and County of Denver, Colorado, and shall be resolved individually, without resort to any form of class action or representative action, and you agree that you shall not seek to aggregate any claims with other individuals; (2) EIR CLUB’S LIABILITY ARISING IN CONNECTION WITH THIS PRIVACY POLICY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF $1.00 AND SHALL BE FURTHER LIMITED TO ACTUAL DAMAGES EQUAL TO OR LESS THAN SUCH AMOUNTS, RESPECTIVELY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, EIR CLUB SHALL NOT BE LIABLE FOR, AND YOU WAIVE ALL RIGHTS TO CLAIM ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR ATTORNEYS FEES ARISING OUT OF THIS PRIVACY POLICY, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED (EVEN IF YOU OR ANY OF YOUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), AND TO RECOVER OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, NOR SHALL AN ENTRANT BE ENTITLED TO RESCIND THIS AGREEMENT NOR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Content Uploader Terms of Use

We respect the intellectual property rights of third parties and respond to allegations that copyrighted material has been shared through our site (“platform”), without authorization from the copyright holder, in accordance with the safe harbor set forth in the Digital Millennium Copyright Act (“DMCA”). We will also, in appropriate circumstances and at our discretion, disable and/or terminate the use of the platform by users who may infringe or repeatedly infringe the copyrights of others in accordance with the DMCA.

Notification of Alleged Copyright Infringement. If you believe that your work has been copied and made available in a way that constitutes copyright infringement, you may send a written document to info@eir.com that contains the following (a “Notice”), including, a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location that contains the material that you claim infringes your copyright. You must provide us with reasonably sufficient information to locate the allegedly infringing material and provide an electronic or physical signature of the owner of the copyright or of the person authorized to act on behalf of the owner of the copyright. Provide your statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law, a statement by you that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the owner’s behalf. Include your name, mailing address, telephone number, and email address. Please note

Please note that you may be liable for damages, including court costs and attorneys’ fees, if you misrepresent that content uploaded by another platform user is infringing your copyright.

Upon receiving a proper Notice, we will remove or disable access to the allegedly infringing material and notify the alleged infringer of your claim. We will also advise the alleged infringer of the DMCA Counter Notice Procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material.

Counter Notice Procedure. If you believe your own copyrighted material has been removed from the platform in error, you may submit a written Counter Notice to info@eirclub.com that includes an identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; a statement that you consent to the jurisdiction of the Federal District Court in the City and County of Denver, Colorado; a statement that you will accept service of process from the party that filed the Notice or the party’s agent; your name, address and telephone number; a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled and your physical or electronic signature.

If you send a valid, written Counter Notice meeting the requirements described above, we will restore your removed or disabled material within 10 to 14 business days from the date we receive your Counter Notification, unless we first receive notice from the party filing the original Notice informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorneys’ fees.

Repeat Infringer Policy. In accordance with the DMCA and other applicable laws, we will, at our discretion, disable and/or terminate access to the platform by users who may infringe or repeatedly infringe the copyrights of others. This determination will be based on the number of “strikes” against the user. A “strike” is counted against a user each time there is an adjudication by a court, arbitrator or other tribunal of competent jurisdiction that the user has engaged in copyright infringement of any kind in relation to the platform.

In accordance with the DMCA and other applicable laws, we will, at our discretion, disable and/or terminate access to the platform by users who may infringe or repeatedly infringe the copyrights of others. This determination will be based on the number of “strikes” against the user. A “strike” is counted against a user each time there is an adjudication by a court, arbitrator or other tribunal of competent jurisdiction that the user has engaged in copyright infringement of any kind in relation to the platform.

Each adjudication counts as a separate strike. If an adjudication pertains to multiple instances of copyright infringement, it can count as multiple strikes. We have adopted a “three strikes and you’re out” policy under which a user who accumulates three strikes is considered a repeat infringer and may be subject to account termination.

Representations and Warranties. You represent and warrant that any content you upload to the platform does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and constitutes an original work of authorship by you.

User Content Restrictions. You may not upload, post, or transmit any images, video, text, audio, or other content or materials (collectively, “User Content”) that: (a) would violate or infringe our proprietary, privacy, publicity, or intellectual property rights, or those of any third party; (b) is obscene, defamatory, threatening, harassing, abusive, libelous, hateful, or harmful to any other person or entity; (c) violates any applicable law, statute, ordinance, or regulation; (d) puts in jeopardy the security of your account, us, the platform, or any third party; or (e) promotes or displays any of the following content: (i) pornography; (ii) violence; (iii) racial intolerance or advocacy against any individual, group, or organization; (iv) profanity; or (v) illicit drugs and drug paraphernalia. We reserve the right, but have no obligation, to pre-screen, review, flag, filter, modify, refuse, and remove any and all User Content from this site. You understand and expressly acknowledge that by using the platform you may be exposed to content that you find offensive, indecent, or objectionable and that we will not be liable to you or any other person or entity for your consumption of any content on the platform.

Revisions to This Privacy Policy. We reserve the right to revise, amend, or modify this policy, our Terms & Conditions agreement, and our other policies and agreements at any time and in any manner, by updating them on our Website.

Usage Details. Your usage details such as time, frequency, duration and pattern of use, features used and the amount of storage used will be recorded by us in order to enhance your experience of the MedicalMine services and to help us provide you the best possible service.

Contents in your User Account. We store and maintain files, documents, task lists, messages and other data stored in your user account at our facilities in the United States. In order to prevent loss of data due to errors or system failures, we also keep backup copies of data including the contents of your user account. Hence, your files and data may remain on our servers even after deletion or termination of your user account. We assure you that the contents of your user account will not be disclosed to anyone and will not be accessible even to employees of MedicalMine except in circumstances specifically mentioned in this Privacy Policy and Terms & Conditions. We also do not process the contents of your user account for serving targeted advertisements.

Financial Information. In case of services requiring payment, we request credit card or other payment account information, which will be used solely for processing payments. Your financial information will not be stored by us except for the name and address of the card holder, the expiry date and the last four digits of the credit card number. Subject to your prior consent and where necessary for processing future payments, your financial information will be stored in encrypted form on secure servers of our reputed payment gateway service provider who is beholden to treating your personal information in accordance with this Privacy Policy.

Visitor Details. We use the Internet Protocol address, browser type, browser language, referring URL, files accessed, errors generated, time zone, operating system and other visitor details collected in our log files to analyze the trends, administer our Website, track visitor’s movements and to improve our Website.

Cookies. We use temporary and permanent cookies to enhance your experience of our site.Temporary cookies will be removed from your computer each time you close your browser. Permanent cookies remain on your hard drive after you’ve exited from our site, until you erase them or they expire. Permanent cookies will not contain any personal information about you. If you have turned cookies off, you may not be able to use access controlled areas of our Website. We tie cookie information to your email address when you elect to remain logged in so as to maintain and recall your preferences within our Website. We may from time to time employ the use of pixel tags on our Website and in emails. Pixel tags such as web beacons are 1×1 images that are embedded onto a web page to document traffic and for website analytics without collecting any Personal Information.

Notification of Changes. Any changes to the Privacy Policy will be posted on this page of our Website in order to keep you informed of any changes in nature of information collected, manner of collection, use and sharing of information. If at any point we decide to use personal information in a manner different from that stated at the time it was collected, we will notify you by email and provide you with the ability to opt out of these new uses. You will not receive email notification of minor changes to the Privacy Policy. If you are concerned about how your Personal Information is used, you should check back at our Website periodically.

General Medical Information and User Forums. The general medical information made available on our web site or by the application is for informational and educational purposes only and does not constitute medical advice. Any health related questions you may have about your recommended wellness plan and or product matches should be discussed with your medical provider. Medical Mine Incorporated is not responsible for any medical advice provided by its employees or by the participants in the supported forums. Such forums are created for discussion and support between fellow caregivers and patients and not intended to provide advice about treatments.

Password protection. Access to our applications is password protected. We strongly recommend that you do not divulge your password to anyone and that you update your credentials on a regular basis. Exercise the utmost personal security in how you handle your password. MedicalMine will never ask for your password in an unsolicited phone call or unsolicited email.

Emails. Your email address is never used for any purpose other than to communicate with you or on your behalf. Your email may also be used for forgotten password or user account information. We will not use your email address to send you any promotional and marketing materials. MedicalMine never shares your email address with external entities.

Links from our Website. Some pages of our Website contain external links. You are advised to verify the privacy practices of such other websites. We are not responsible for the manner of use or misuse of information made available by you at such other websites. We encourage you not to provide personal information, without assuring yourself of the Privacy Policy of other websites.

Investigation of Illegal Activity. We may need to provide access to your personal information and the contents of your user account to our employees and service providers for the purpose of investigating any suspected illegal activity or potential violation of our terms and conditions for use of MedicalMine applications. However, MedicalMine will ensure that such access is in compliance with this Privacy Policy and subject to appropriate confidentiality and security measures. We have no intention of accepting any information from individuals under the age of 21. If you are not yet 21 years of age, please leave this site immediately. Parents are urged to monitor and supervise their children’s on-line activity.

Questions & Concerns. If you have any questions or concerns regarding this Privacy Policy, please contact us at info@eirclub.com. We shall respond to all inquiries within 30 days of receipt upon ascertaining your identity.