Privacy Policy

VitaVia Medical, LLC (“VitaVia”, “we”, “us” or “our”) respects your privacy. This Privacy Notice (“Privacy Notice”), describes what information we collect from or about you, including how we collect, use, share and store that information, and what choices you may have regarding your information in connection with www.vitaviamedical.com or any other VitaVia-related website, webpage, application, social media, or other Internet, mobile, or wireless offerings (collectively “Website”) that posts a link to this Privacy Notice or VitaVia’s Terms of Use.

This Privacy Notice applies to any individual in the United States, regardless of the individual’s state of residency, who visits the VitaVia Website or related content or receives VitaVia services (“User”, “you, or “your”). Additionally, California residents may wish to click here for certain notices to California residents under California law.

Please read this Privacy Notice in its entirety. By using the Website, you are consenting to the practices described in this Privacy Policy and agree to be bound thereby. If you do not agree with the terms of the Privacy Policy, please do not use the Website.

1. INFORMATION THAT WE COLLECT

a. Types of Information:
VitaVia may collect your personal information in connection with your access to, use of, or your submissions to the Website and any services offered by VitaVia in connection with the Website (“Services”). For example, we may collect personal information about you, such as your name, street address, email address, telephone number, VitaVia account and password information, commercial transactions you may initiate with VitaVia, your general location, IP address, and information about your browsing and navigation on the Website. Some of the information we collect about you may include personal health information or credit card or financial information, or other sensitive information that you choose to share with us.
We may also obtain additional information about you that may or may not be directly linked to you. Examples include, but are not limited to, aggregate information, analytics information using cookie IDs, advertising segment information, advertising IDs/cookie or device information.

b. Sources of Information:
VitaVia collects information about you from a variety of sources, including:
Directly from you, for example, when you complete web forms, use VitaVia applications, communicate with us by email, phone or SMS text, or enroll in VitaVia’s membership Services.
Indirectly from you, for example, by observing your actions on our Website, or through information we collect during the course of providing Services.
Directly and indirectly from your activity on the Website, for example, through Website portal or Website usage details that are collected automatically or through your inquiries or submissions on the Website.
From your VitaVia-affiliated physician, for example, when your VitaVia-affiliated physician shares information about you pursuant to a “Business Associate Agreement” between the physician and VitaVia.

2. HOW WE USE THE INFORMATION WE COLLECT

VitaVia may use personal information for a variety of VitaVia’s business purposes and to the extent and manner permitted by law:
To fulfill or meet the reason for which the information is provided. For example, to respond to your questions or communications regarding membership in an VitaVia-affiliated practice, Services, pricing or affiliated physicians. If you become a member in an VitaVia-affiliated practice, we may use your personal information to process your payment, provide membership and renewal information and to support and facilitate your receipt of VitaVia’s Services or programs.
To publish content on the Website when, under some circumstances, VitaVia publishes testimonial comments or enables public participation forum by Users on the Website.

To personalize your Website experience and to deliver content and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, or via email or text message (with your consent, where required by law).
To help maintain the safety, security, and integrity of our Website, Services, databases and other technology assets, and business on behalf of VitaVia and its Users.

To investigate or prevent a violation of any individual’s contractual or other relationship with VitaVia or where VitaVia has a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of VitaVia, its Users or the public or to prevent or respond to any illegal, fraudulent or harmful activity.
For testing, research, analysis, and product development, including to develop and improve our Website and Services and your experience with the Website and Services.

For marketing VitaVia’s Services or Programs, including providing you (via alerts, banner ads, postal mail, event registration, email and other notices) with information about offers, programs and Services that VitaVia believes may be of interest to you.

At the request of law enforcement or governmental agencies or in response to subpoenas, court orders or other legal process, or to establish, protect or exercise VitaVia’s legal or other rights to defend against a legal claim or as otherwise allowed by law or regulation.

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 information held by us about our Users is among the assets transferred.

3. HOW WE SHARE INFORMATION

VitaVia does not sell your personal information, personal health information or sensitive information to nonaffiliated third parties for their business purposes, nor do we share your information, except as permitted by law, as described in this Privacy Policy or otherwise with your consent.

We may share information about you to third parties for VitaVia’s business purpose, such as with agents, contractors, service providers or affiliates of ours, who help us operate the Website, assist with VitaVia’s marketing, conduct business on our behalf or help us complete a service you requested, such as processing your credit card payment. When we share information for a business purpose, we do so only to the extent required for our business purpose and only as permitted by relevant law. Before doing so, we enter into a contract with the third party that describes the purpose for which the information is shared, requires the recipient to maintain the confidentiality of that confidential information and to not use it for any purpose except performing the contract or as permitted by law.

We may also share personal information with third parties if you have directed and authorized us to do so in connection with Services VitaVia provides to you or on behalf of its affiliated physicians.

VitaVia may share personal information when required to do so by Federal or State enforcement officials, when state or federal law requires us to do so (such as to comply with an inquiry from law enforcement officials), when ordered by a court or by other compulsory legal process or when we believe, in good faith, it is necessary for VitaVia to comply with its legal obligations or to investigate or prevent suspected illegal activities or fraud.

4. IP ADDRESSES, COOKIES AND OTHER TECHNOLOGY

a. IP Addresses:
VitaVia maintains internal logs for Internal Protocol (IP) addresses. An IP address is a number that is automatically assigned to your computer each time you access the Internet. Your IP address does not contain personally identifiable information. VitaVia collects IP addresses in order to conduct system administration, report aggregate information, conduct site analysis, and to detect improper use of the site. VitaVia sometimes uses IP addresses to identify the location of your computer based on publicly available and third-party information and, if located, to market to you through Internet marketing, mail or call campaigns, or online targeted, interest-based advertising.

b. Browser Cookies:
VitaVia uses “cookies” for authentication, other types of security, User log-ins, enabling our services collecting analytics information, marketing our Services to you, sending you targeted advertising for our Services, optimizing our Website, and personalizing and customizing your web experience. By placing a small file known as a “cookie” in your browser, the web servers operated by VitaVia and its third-party service providers can remember and distinguish your web browser software over time. This is necessary in order to enable the functions described above. If you disagree with this use, you should turn off or disable “cookies” on your browser or device. If you decline cookies, the Website may not work properly or as it was intended.

c. Other Technical Information We Collect:
In addition to using browser cookies to remember your browser, VitaVia also may use other technologies such as pixels, local shared objects (such as “Flash cookies”), and HTML5 local storage to collect information and remember your device. Some of the technical information we collect is the type of browser you use (such as Google Chrome or Internet Explorer or Safari), your Internet protocol (“IP”) address, the name of your ISP, the version of your operating system, the dimensions and resolution of your display, your referrer URL (which is the URL for the website that you were viewing prior to visiting the Website), how you were directed to the Website, which specific pages you access on the Website, how long you view each page, the time and date you access our Website, and any other interaction you have with the Website or VitaVia. We use your IP address and may use other third-party geolocation services to determine the physical location of your computer or device.

Most popular Internet browser applications will allow you to configure the browser so as not to accept cookies. However, setting your browser to reject cookies may, in certain instances, prevent you from taking full advantage of the Website and its capabilities, or cause some features of the Website to function improperly or slower.

The Website uses various third-party services, including Google Analytics. You can consult the Google Analytics Terms of Use and the Google Privacy Policy for more information on how Google Analytics uses the data it collects. Google utilizes the data collected to track and examine the use of the Website, to prepare reports on its activities and share them with other Google services. Google may use the data collected on the Website to contextualize and personalize the ads of its own advertising network. To more fully understand how Google may use the data it collects on the Website, please review “How Google uses data when you use our partners’ sites or apps”, (located here or any successor URL). If you would like additional information regarding the security and privacy practices of Google Analytics, please review the materials provided by Google here.

5. EMAILS

VitaVia uses email forms to allow Users to ask questions about VitaVia, our Services or programs. While we make reasonable efforts to protect the personal information that you share with us, it is important to note that such email messages are unsecured. Please consider the information you choose to include in any email you send. Should you choose to send your information via email, you do so at your own risk. We recommend that if your communication is sensitive or contains personal information, you may want to send it another way.

If you choose to correspond to us via email, we reserve the right (but not the obligation) to retain the content of your email messages as well as your email address or other personal information, and our responses.

6. PERSONAL INFORMATION PROVIDED AS PART OF USER CONTENT

On occasion and under certain circumstances, VitaVia may, in its sole discretion, offer Users the opportunity to submit content to the Website. You should consider what information you choose to share in the content that you submit. If you include personal, health or sensitive information in the content that you provide to VitaVia for public postings to the Website, including any bulletin boards, forum posts, etc., such information may be made available to third parties using the Website. VitaVia does not edit or otherwise remove such information from User content before it is posted on the Website. If you do not wish to have your information made available in this manner, you must remove any such information from the content before posting. Your contact information (which may include, without limitation, a Username and email address) may be included with any content that you post via the Website. VitaVia is not liable for any damages caused or incurred due to information that you have made available in the foregoing manner.

7. LINKS TO OTHER WEBSITES

The Website may contain links to non-VitaVia websites. Links to other websites are provided to you for information and convenience only and do not constitute an endorsement or recommendation by VitaVia. We are not responsible for, and this Privacy Notice does not apply to, the privacy practices of those sites or of any companies that we do not own or control. We make no representations or warranties regarding the correctness, accuracy, performance, security, privacy or quality of any content, software, service, or application found at any Linked Site. We encourage you to seek out and read the privacy policy and terms of use of each website that you visit.

8. SECURITY

VitaVia takes reasonable precautions to protect your information. We seek to store personal information, personal health information and other sensitive information in a secured manner and to transmit it via a secure Internet channel. For example, when you enter sensitive information, such as a credit card number, VitaVia uses Secure Socket Layer (SSL) to encrypt the transmission of that information. However, no security measures are perfect or impenetrable, and VitaVia cannot guarantee that the information submitted to, maintained on or transmitted from its systems will be completely secure. VitaVia is not responsible for the circumvention of any privacy settings or security measures contained on the site by any Users or third parties.

Remember that you are the first and best defense against unauthorized access to your information. Please do not share your User account information with others and take the necessary steps to assess whether your personal information is being transmitted to its intended recipient in a reasonably secure manner.

9. YOUR CHOICES ABOUT YOUR PERSONAL INFORMATION

a. Inquiries Concerning the Collection and Deletion of Your Personal Information:
We understand that you may have certain questions about VitaVia’s access and use of information that we have collected. Under some circumstances, you may be able to opt out of our continued collection or use of your personal information, and/or seek access to or deletion of personal information that we have collected about you in the past.

There are circumstances when VitaVia will not be able to comply with such requests. For example, we may deny a request if we determine, in good faith, that we should not comply because: doing so would violate or conflict with VitaVia’s legal obligations, including, but not limited to, the preservation and non-disclosure of medical or personal health information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or other laws; the information is the privileged, proprietary or confidential information of VitaVia or someone other than the person making the request; the identity or authority of the person making the request cannot be confirmed; compliance with the request would compromise the privacy or legal rights of others; the burden or expense of responding would be disproportionate to the requesting individual’s privacy risk; the information is commercially necessary for us to complete transactions or provide services that the User requested; or to do so would impede VitaVia’s detection, correction or prevention of any security incident or intentional or non-intentional interference with the Website or Services.

Additionally, even if you opt out, we may still collect and use non-personal information regarding your activities on our Website and/or information from the advertisement on third-party websites for non-interest-based advertising purposes, such as to determine the effectiveness of the advertisements.
If you have any questions or concerns about VitaVia’s collection or use of your personal information, wish to opt out of further collection of your personal information or request deletion of personal information presently in VitaVia’s possession, please contact us using one of the methods set forth below. Upon receiving your request, we will endeavor to respond to your request in a reasonable time.

Please submit your request to us by either:
Calling us at (281) 900-4180
Email: connect@vitaviatelemed.com
Mail: Attention: VitaVia Medical
1301 W. League City Pkwy
League City, Texas 77573
California residents may be entitled to certain additional or different disclosures under California law. The privacy notice for California residents is available by clicking here.

b. Opt-Out Request of Specific Phone, Email, Text, or Marketing Offers:
If you do not wish to receive phone, mail, or email marketing offers, you may request that we remove your name from our internal email, direct mail, or internal telemarketing lists. You can call (281) 900-4180 to make your opt-out request.

If you no longer would like to receive via email special offer information or other promotional messages from us, you may click the link at the bottom of any email you receive from us and follow the instructions. Your email address will be removed from our marketing list. However, VitaVia may continue to communicate with you concerning your membership, Services, billing, renewal and other matters.

Please allow us a reasonable period of time in order to satisfy your request, as some promotions may already be in process.

10. CHILDREN

The Website is intended for a general audience and is not intended for use or view by children under 13 years of age. We do not knowingly collect information about children or sell products or services to children. Consistent with the Children’s Online Privacy Protection Act, we will not knowingly collect any information from children under the age of 13. If you are under the age of 13, please do not use the Website.

11. GOVERNING LAW

Except where otherwise noted, this Privacy Notice and use of VitaVia’s Website or Services shall be governed by and construed in accordance with the laws of the State of Texas. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions and shall not affect the validity of the other provisions.

12. “DO NOT TRACK” DISCLOSURES

California and Delaware law require VitaVia to indicate whether it honors “Do Not Track” settings in your browser concerning targeted advertising. How servers should respond to the “Do Not Track” signal is not yet the subject of consensus in the Internet community. As a result, the Website does not change its behavior when it receives the “Do Not Track” signal.

13. NOTICE TO CALIFORNIA RESIDENTS

If you are a California resident, VitaVia’s California Privacy Notice supplements the terms of this Privacy Notice and should be read by you. You can access VitaVita’s California Privacy Notice by clicking here.

14. VISITING THE WEBSITE FROM OUTSIDE THE UNITED STATES

If you are visiting the Website from outside of the United States of America, please be aware that your information may be transferred to, stored or processed in the United States. The data protection, privacy and other laws of the United States and other countries might not be as comprehensive as those in your country. By using any portion of the Website, you understand and consent to the transfer of your information to our facilities in the United States and to those third parties with whom we share it as described in this Privacy Policy.

15. CHANGES TO OUR PRIVACY POLICY

We may update or change this Privacy Notice at any time and from time to time. The most recent version of the Privacy Notice and its effective date is reflected by the version and date located at the top of this Privacy Policy. We encourage you to consult this Privacy Notice periodically for any updates or changes.

16. QUESTIONS OR COMMENTS

If you have any questions or concerns about this Privacy Notice, the practices of this Website, or your interaction with this Website, contact:
Email: connect@vitaviatelemed.com
Mail: Attention: VitaVia Medical
1301 W. League City Pkwy
League City, Texas 77573
CALIFORNIA CONSUMER PRIVACY ACT NOTICE
Effective Date: January 1, 2025
This California Consumer Privacy Act Notice (“California Privacy Notice”) supplements VitaVia’s Privacy Notice. It applies exclusively to Users who are California residents and provides additional disclosures under the California Consumer Privacy Act (“CCPA”) and other California laws.

This California Privacy Notice applies exclusively to “Personal Information” as defined by the CCPA, which does NOT include the following:
Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or other law, including information that VitaVia may receive under a Business Associate Agreement with an VitaVia-affiliated physician.
Publicly available information VitaVia obtains from government records.
De-identified or aggregated consumer information.
Information that is otherwise covered by certain sector-specific privacy laws, such as the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
This California Privacy Notice does not apply to Personal Information that we may collect about employees, applicants for employment, or contractors in the employment context.

I. TYPES OF PERSONAL INFORMATION WE COLLECTED IN THE PAST 12 MONTHS

During the twelve (12) months prior to the effective date of this California Privacy Notice, VitaVia has collected the following general categories of “Personal Information” about Users residing in California:

A. Identifiers, which may include, for example, a User’s name, address, telephone number, VitaVia account information, marital status, or education information, etc.
B. Personal Information, which may include, for example, a User’s credit card number or other personal financial, health insurance information, etc. (to the extent not covered by other laws);
C. Protected classification information, which may include, for example, a User’s age, gender, marital status, etc.
D. Commercial Information, which may include, for example, records concerning a User’s past purchases or consideration of VitaVia Services, etc.
E. Internet or other similar network activity, which may include, for example, a User’s browsing or search history, cookie identifiers, or information on the User’s interaction with the Website or other websites, etc.
F. Geolocation, which may include, for example, the location of a User’s computer or device when the User accesses the Website.
G. Professional or employment information which may include, for example, a User’s present employment or past employment history.
H. Inferences drawn from other personal information, such as to create a profile reflecting the User’s personal preferences or characteristics.
Personal Information may be obtained directly from you, indirectly from you, directly or indirectly from your activity on the Website or from your VitaVita affiliated physician. For a further description of the sources from which we collect information, please see VitaVia Privacy Notice, Paragraph 1 b.
II. How We Use Personal Information
The VitaVia Privacy Notice describes our uses of Personal Information, for our business practices or as permitted by law. For further information, please see VitaVia Privacy Notice, Paragraph 2.
III. Personal Information We Share
In the 12 months preceding the effective date of this California Privacy Notice:
A. What We May Share: We have shared all of the categories of Personal Information described above in Paragraph I, entitled “Types of Personal Information VitaVia Has Collected in the Past 12 Months.”
B. How and Why We May Share: We may have shared Personal Information with third parties, such as service providers and vendors, exclusively for VitaVia’s business purpose and/or as permitted or required by law, as set forth in VitaVia Privacy Notice. For a further description of how we share Personal Information, please see VitaVia Privacy Notice, Paragraph 3.
C. No Sale of Personal Information: VitaVia Has Not Sold Any Personal Information to Any Third Party.
IV. Your Rights Under the CCPA Concerning Your Personal Information
Under the CCPA you may have the right to make specific choices regarding the collection and use of your Personal Information.
A. Access to Specific Information: You may have the right to request, no more than twice per calendar year, information concerning the Personal Information we have collected about you over the past 12 months, such as, the general categories of Personal Information we have collected and their source, the business purpose for the collection, specific Personal Information that we have in our possession concerning you, and whether and why we shared or sold your Personal Information.
B. Data Portability: You may request that we provide you with a copy of your identifiable Personal Information in our possession.
C. Deletion Request Rights: You may request that we delete any of your Personal Information in our possession, subject to certain exceptions. We may deny your request if there is a business or legal reason that prevents us from deleting the information, such as: to complete the transaction for which the information was collected; to comply with a legal obligation; to detect, correct or prevent illegal or fraudulent activity; to protect the legal rights or interests of VitaVia or others; for VitaVia’s internal or administrative uses; or for any other legally permitted purpose. Because of the nature of the Personal Information VitaVia collects and the manner in which it is collected or stored, VitaVia may be unable to associate certain Personal Information with any specific, individual User. Accordingly, VitaVia may be unable to delete certain Personal Information even when using reasonable efforts to honor your request.
D. Right to Opt-Out of Sale: Under the CCPA, you may have the right to opt out of the sale of your Personal Information. However, VitaVia does not sell your Personal Information.
E. Exercising Access, Data Portability, and Deletion Rights:
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
Calling us at (281) 900-4180
Email: connect@vitaviatelemed.com
Mail: Attention: VitaVia Medical
1301 W. League City Pkwy
League City, Texas 77573
Visiting our Website and completing the form here.
Only you or an individual authorized on your behalf may make a verifiable consumer request related to your Personal Information or the Personal Information of your minor child. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or your authority to make the request and confirm the Personal Information is valid. Making a verifiable consumer request does not require you to create an account with us. Upon receipt of a request, you will be advised of what will be needed to confirm your identity and/or authority to process the request, which may vary from time to time. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
V. California “Shine The Light” Law
California Civil Code Section 1798.83 (“Shine the Light” Law) permits you to request information regarding the disclosure of your Personal Information by VitaVia to third parties for the third parties’ direct marketing purposes. As described above, we do not disclose your Personal Information to third parties for their direct marketing purposes. Nevertheless, if you wish to make such a request, please send an email to or write us at:
Email: connect@vitaviatelemed.com
Mail: Attention: VitaVia Medical
1301 W. Leage City Pkwy
League City, Texas 77573
VI. Non-Discrimination
We will not discriminate against any User for exercising any of his/her privacy rights, as set forth in the CCPA. Unless permitted by the CCPA, we will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level of quality of goods or services.
VII. QUESTIONS OR COMMENTS
If you have any questions or concerns about this California Privacy Notice or any Request made hereunder, please contact:
Calling us at (281) 900-4180
Email: connect@vitaviatelemed.com
Mail: Attention: VitaVia Medical
1301 W. League City Pkwy
League City, Texas 77573
This Privacy Policy was last updated on December 31, 2024.