Last updated: November 2024 Introduction This Privacy Policy (“Privacy Policy“) describes how Male Excel, Inc. dba Excel Medical (collectively, “Excel Medical” “we,” “our,” or “us“) handles personal information, including when you visit any Excel Medical website that links to this Privacy Policy (including www.maleexcel.com, www.femexcel.com, www.excelmedical.com) (collectively, our “Websites”) or otherwise provides data to Excel Medical. We refer to the Websites and other services provided by Excel Medical together in this Privacy Policy as the “Services.” This Privacy Policy does not apply to health information we collect about you on behalf of our affiliated medical practices as a service provider. When this is the case, we handle your information in accordance with applicable law and our agreements with our affiliated medical practices.  This Privacy Policy also does not apply to our employees, contractors, agents, or job applicants.  Please read our Supplemental U.S. State Privacy Disclosures and Consumer Health Data Privacy Policy for additional information about the processing of your personal information and your rights under applicable U.S. state privacy laws. This Privacy Policy contains the following sections:

• Sources of Personal Information
• Categories of Personal Information We Collect
• How We Use Personal Information
• How We Disclose Your Information
• Cookies and Other Tracking Technologies
• Security and Retention of Personal Information
• Children
• External Links
• Revisions to Our Privacy Policy
• Supplemental US State Privacy Disclosures
• Contact Us

Sources of Personal Information

We may collect personal information about you as follows: 

• Information you provide to us. For example, we may collect personal information that you provide during account and product registration or when you place orders, participate in surveys, request customer support, or otherwise interact or communicate with us.
• Information we collect through automated means. For example, we may collect certain information about your use of the Services and the devices you use to access the Services through a variety of technologies, including cookies, SDKs, and similar tools, to assist in collecting this information.
• Information we receive from other sources. For example, we may collect information about you from our affiliates and subsidiaries, healthcare providers who provide services to you through the Services or from advertising networks, analytics platforms, and marketing partners.
• Information we collect from publicly available sources. For example, we may collect personal information about you from public profiles and websites.

Categories of Personal Information We Collect

We may collect the following categories of personal information about you: 

• Identifiers, including name, address, telephone number, date of birth, and email address. 
• Records about you, including the content, timing, and method of communication you have with us, customer service information, billing information, and information you share with or upload to our Services.
• Commercial information, including information about purchases or other transactions with us.
• Demographic information including your gender, age, marital status, and similar information in connection with the Services
• Internet or other electronic network activity information, including your browsing history, search history, preference information (including marketing and purchasing preferences), account settings (including any default preferences), and other information regarding your interactions with and use of our Services. 
• Non-precise geolocation information, including as city, state, or zip code.
• Audio, electronic, visual, or other sensory information, including photographs and audio/video recordings.
• Professional or employment-related information including job title, organization, professional licenses, credentials, or affiliations, and other professional information. 
• Education information.

• Sensitive Personal Information 

• • Health information, such as information about your symptoms, medical history, lifestyle, prescriptions, mental health, drug or alcohol use, genetics, treatment options, and relevant physical characteristics (e.g., your height and weight).
  • Government identifiers (e.g. driver’s license or other government-issued ID card or number), and your signature (if required for notarization purposes).
  • Log-in credentials, if you create an account.
• Any other information you choose to directly provide to us in connection with your use of the Services.

How We Use Personal Information

We may use personal information for the following purposes: 

• To Provide and Manage the Services. For example, we may use personal information to:
  • Carry out, improve, and manage the Services and, as applicable, facilitate the provision of health care services to you by physicians or other health care providers and ensure that the physicians or health care providers have the services and support necessary for health care operations.
  • Provide you with technical support and customer service, and troubleshoot any technical issues or errors.
  • Communicate with you about the Services, your use of the Services, or your inquiries related to the Services and send you communications on behalf of physicians or other health care providers utilizing the Services to meet your needs.
  • Verify your identity and administer your account, including processing your payments, fulfilling your orders, and verifying the authenticity of your government-issued identification photo.
  • Maintain internal business records, enforce our policies and rules, and for auditing and IT security and other business administration purposes.
• To Analyze and Improve the Services. For example, we may use personal information to:
  • Engage in internal research to understand the effectiveness of our Services, improve our Services, and better understand our user base. 
  • Ensure that content from our Services is presented in the most effective manner for you and for your computer or device, allow you to participate in interactive features of our Services (when you choose to do so), and as part of our efforts to keep our Services safe and secure.
  • Help us better understand your interests and needs, such as by engaging in analysis and research regarding use of the Services.
• For Advertising and Marketing. For example, we may use personal information to:
  • Communicate with you (in accordance with applicable legal requirements) by email, postal mail, or phone about surveys, promotions, special events or our products and Services and those of our subsidiaries, affiliates, and parent companies and any of their related businesses and those of our third-party partners.
  • Provide you (in accordance with applicable legal requirements) with more relevant advertisements and personalized content, and measure or understand the effectiveness of advertising and content we serve to you and others, and to deliver and customize relevant advertising and content to you.
• Legal Purposes. For example, we may use personal information to:
  • Comply in good faith with any procedures, laws, and regulations which apply to us where it is necessary for our legitimate interests or the legitimate interests of others.
  • Establish, exercise, or defend our legal rights where it is necessary for our legitimate interests or the legitimate interests of others, such as protecting against malicious, fraudulent, or illegal activity.
• In connection with a corporate transaction. For example, we may use personal information if we acquire, or sell or transfer all or a portion of our business or assets including through a sale in connection with bankruptcy and other forms of corporate change.

We may use anonymized, de-identified, or aggregated information for any purpose permitted by law.

How We Disclose Personal Information

We may disclose personal information to the following categories of third parties: 

• Affiliates and Subsidiaries. We may disclose information we collect within the Excel Medical family of businesses (i.e., our subsidiaries and affiliates, including our ultimate holding company and its subsidiaries).
• Health Care Providers and Services. We may disclose your information to health care providers that provide services to you through the Services.
• Service Providers. We may provide access to or disclose your information to select third parties who use the information to perform services on our behalf, including billing, content/service enhancements, sales, marketing, advertising, analytics, research, customer service, shipping and fulfillment, data hosting and storage, IT and security, fraud prevention, payment processing, and auditing, consulting, and legal services. 
• Advertising and marketing partners. These recipients may use the personal information we disclose for their own purposes. You should consult the privacy notices of those third-party services for details on their privacy practices. We are not responsible for how they use and disclose personal information they use for their own purposes. Where required by law, we will obtain your consent prior to disclosing your personal information to these recipients. 
• Law enforcement, government agencies, and others for legal, security, or safety purposes. For example, if we are required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process (e.g. a subpoena or court order); (b) enforce our Terms of Service, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; and/or (e) protect the rights, property or personal safety of Excel Medical, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes.

• Other entities in connection with a corporate transaction. For example, if we acquire, or sell or transfer all or a portion of our business or assets including through a sale in connection with bankruptcy and other forms of corporate change.

• The public.  For example, if you submit a product review on one of our Websites, we may display your review (along with the name provided, if any) on other Websites and on third-party websites. Any information that you post publicly is not confidential, and we may use it for any purpose (including in testimonials or other marketing materials). We are not responsible for how others use the information about you that you disclose to them through the Services.

• Consent. We may also disclose your information to other recipients at your direction and when we have your consent.

Cookies and Other Tracking Technologies

We and third parties we authorize may use web server logs, cookies, tags, SDKs, tracking pixels, and other similar tracking technologies. We use these technologies to offer you a more tailored experience.

• A web server log is a file where website activity is stored.
• A cookie is a small text file that may be placed on your computer or mobile device when you visit a site.
• Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads and/or email
• Embedded scripts and SDKs are sets of code and/or tools that allow third parties to collect information about how users interact with the Services.

We use cookies and other tracking technologies to personalize the Services, improve the Services, conduct analytics and advertising, and for administrative and security purposes, including to: 

• Recognize your computer/device;
• Store your preferences and settings;
• understand the parts of the Services you have visited and used; 
• enhance your user experience by delivering and measuring the effectiveness of content and advertising tailored to your interests; 
• perform searches and analytics;
• collect usage information like ad impressions or clicks and email open rates;
• track activity over time; and
• measure popularity of the Services and associated advertising; access user cookies.

As we adopt additional technologies, we may also gather information through other methods. Some of the third parties we work with may participate with the Digital Advertising Alliance (“DAA”) and Network Advertising Initiative (“NAI”). The DAA and NAI provide mechanisms for you to opt out of interest-based advertising performed by participating members at http://www.aboutads.info/choices/ and https://optout.networkadvertising.org/. We adhere to the DAA’s Self-Regulatory Principles for Online Behavioral Advertising. You may also click on the AboutAds icon on a Company advertisement and follow the instructions on how to opt out.  Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information. Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Services. If you change computers, devices, or browsers, use multiple computers, devices, or browsers, or delete your cookies, you may need to repeat this process for each computer, device, or browser. Opting out of interest-based advertising will not opt you out of all advertising, but rather only interest-based advertising from us or our agents or representatives. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We do not currently recognize or respond to browser-initiated DNT signals. 

Security and Retention of Personal Information

We maintain reasonable security safeguards designed to protect your personal information. However, no security measures or communications over the Internet can be 100% secure, and we cannot guarantee the security of your information. We retain personal information for as long as necessary to accomplish the purposes for which it is processed. This includes retaining personal information to provide you with the products and services requested and interact with you; maintain our business relationship with you; improve our business over time; ensure the ongoing legality, safety and security of our services and relationships; or otherwise in accordance with our internal retention procedures. Once you have terminated your relationship with us, we may retain your personal information in order to ensure adequate fulfillment of surviving provisions in terminated contracts or for other legitimate business purposes, such as to enable easier future user onboarding, in order to demonstrate our business practices and contractual obligations, or to provide you with information about our products and services in case of interest.

Children

We do not knowingly collect personal data from anyone under the age of 13 through our Services, and our Services are not directed to children under the age of 13. If we discover we have received any “personal information” (as defined under the Children’s Online Privacy Protection Act) from a child under the age of 13 in violation of this Privacy Policy, we will take reasonable steps to delete that information as quickly as possible. If you believe that we have inadvertently collected personal information from a child under the age of 13, please contact us using the contact information at the end of this Privacy Policy and we will take prompt steps to delete the information.

External Links

Our Services may contain links to external sites or other online services that we do not control, including those embedded in third party advertisements or sponsor information. We are not responsible for the privacy practices or data collection policies of such third-party services. You should consult the privacy notices of those third-party services for details on their practices.

Revisions to this Privacy Policy

We may revise this Privacy Policy from time to time. Any revised Privacy Policy will be effective when posted. The date this Privacy Policy was last revised is identified at the top of the document. Please check this Privacy Policy periodically for updates. 

Supplemental US State Privacy Disclosures

California Residents. If you live in California, you may have certain rights regarding personal information:

• Right to Know. You may have the right to request information about the categories of personal information we have collected about you, the categories of sources from which we collected the personal information, the purposes for collecting, selling, or sharing the personal information, and to whom we have disclosed your personal information and why. You may also request the specific pieces of personal information we have collected about you.
• Right to Delete. You may have the right to request that we delete personal information that we have collected from you.
• Right to Correct. You may have the right to request that we correct inaccurate personal information that we maintain about you.
• Right to Opt Out of Sales and Sharing for Targeted Advertising. You may have the right to opt out of the sale or sharing of your personal information for targeted advertising.
• Right to Opt Out of Profiling. You may have the right to opt out certain automated processing activities that are used to evaluate characteristics about you.
• Right to Limit Use and Disclosure of Sensitive personal information. You have the right to limit the use and disclosure of sensitive personal information. 

You may exercise the rights available to you via our webform or by emailing us at  dataprivacy@excelmedical.com. In order to fully exercise the Right to Opt-Out of Sales Sharing for Targeted Advertising you must undertake both of the following steps:

• Submit a Right to Opt-Out of Sales and Sharing for Targeted Advertising request through our webform or by emailing us at dataprivacy@excelmedical.com.
• Disable the use of advertising cookies and other tracking technologies in the preference center.  You must complete this step on each of our websites from each browser and on each device that you use.  These steps are necessary so that we can place a first-party cookie signaling that you have opted out on each browser and each device you use.  Please note:
• If you block cookies, we will be unable to comply with your request to opt out of sales and sharing for targeted advertising with respect to device data that we automatically collect and disclose to third parties online using cookies, pixels, and other tracking technologies. 
• If you clear cookies, you will need to disable the use of all advertising cookies and tracking technologies in the preference center again on each browser on each device where you have cleared cookies. 

To the extent required by law, we will honor opt-out preference signals sent in a format commonly used and recognized by businesses, such as an HTTP header field or JavaScript object. We will process opt-out preference signals at the browser level. We will not discriminate against you for exercising your privacy rights. 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. We will take steps to verify your identity using identity verification services. You are not required to create an account with us to submit a request. If you don’t have an account with us, we may ask you to provide us with information about yourself to verify your identity. We will only use personal information you provide in connection with identity verification to verify the requestor’s identity or authority to make the request. When feasible, we will attempt to match the information you provide with information we may already have about you. Authorized agents may exercise rights on behalf of an individual by submitting a request via dataprivacy@excelmedical.com and indicating that they are submitting the request as an agent. We may require the agent to demonstrate authority to act on behalf of the individual by providing signed permission from the individual. We may also require you to verify your own identity directly with us or to directly confirm with us that the individual provided the authorized agent permission to submit the request. Although we have not “sold” personal information for money in the past 12 months, we engage in routine practices involving third parties that could be considered a sale or sharing for targeted advertising, as those terms are defined under California law. We do not knowingly sell or share for targeted advertising any personal information of minors under the age of 16.  During the last 12 months, we collected and sold, shared, or disclosed the following categories of personal information for a business purpose: Sensitive Personal Information: We use Sensitive Personal Information for the following purposes: (i) performing services or providing goods reasonably expected by an average consumer; (ii) detecting security incidents; (iii) resisting malicious, deceptive, or illegal actions; (iv) ensuring the physical safety of individuals; (v) for short-term, transient use, including non-personalized advertising; (vi) performing or providing internal business services; (vii) verifying or maintaining the quality or safety of a service or device; (viii) for purposes that do not infer characteristics about you; and (ix) for marketing and targeted advertising purposes. Shine the Light Disclosure: The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we disclose certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not disclose your personal information to third parties for their own direct marketing purposes. Nevada Residents. Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration (as such terms are defined under Nevada law) to a person for that person to license or sell such information to additional persons. We do not engage in such activity; however, if you are a Nevada resident who has purchased services from us, you may submit a request to opt out of any potential future sales under Nevada law by emailing to dataprivacy@excelmedical.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.

Contact Us

If you have any questions about this Privacy Policy or our privacy practices, please contact us at: dataprivacy@excelmedical.com.