Privacy Policy
Introduction

Zestomen Health, Inc. and its subsidiaries ("Zestomen," "we," or "us") own and operate websites (the "Websites") at www.Zestomen.com and may have previously, currently, or in the future owned and ran a Zestomen mobile application (collectively, the "Platform"). This Privacy Policy applies to your use of the Platform, any part thereof, or anything associated in addition to that, including its content ("Content"), any products or services provided through the Platform or otherwise by Zestomen, and any affiliated website, software, or application owned or operated by Zestomen (collectively, the "Service"). Capitalized terms not specified in this Privacy Policy are defined in the Zestomen Terms and Conditions ("Terms and Conditions").

User privacy is our priority. This Privacy Policy ("Privacy Policy") describes how Zestomen collects, uses, and discloses information to offer the Service.

You agree to the latest Privacy Policy by creating, registering, or login into a Service account or using the Service. If we modify it, we will upload the amended Privacy Policy and update the "Last updated" date.

If you use the Service on behalf of someone else, you signify that you are authorized to act on their behalf and that they agree to this Privacy Policy.

Minor Use Limitations

Our Service is typically designed for users at least eighteen (18) years old or older, as required by applicable state laws in the jurisdiction in which they use it. Individuals between the ages of thirteen (13) and eighteen (18) (or such older age of majority) may use the Service for the sole purpose of obtaining a medical consultation for the treatment of acne using topical skincare products (to the extent made available) if a parent or legal guardian consents by our Terms and Conditions and the Service. The Service does not target minors under 13. If we discover that the Platform has obtained personal information from a child under 13, we will use reasonable measures to stop using or storing it.

If you are under 16, you (or your parent or legal guardian if you are under 13) may request that we delete Platform content or information about you at any time.

Please put "Removal of Minor Information" in the subject line and clearly state the following in the text of each request:

  • Request kind.

  • The stuff to be removed.

  • The Platform's content or information's URL.

  • "Removal of Minor Information" request.

  • Your name, street address, city, state, zip code, email address, and whether you want a mail or email answer to your request.

Requests for Minor Information Removal through phone or facsimile are not accepted. Zestomen is not liable for failing to comply with incomplete, mislabeled, or missent Requests for Minor Information.

Please note that we are not required to erase or otherwise eliminate, or enable erasure or elimination of such content or information in certain circumstances, such as, for example, when an international, federal, state, or local law, rule or regulation requires Zestomen to maintain the content or information; when Zestomen maintains the content or information on behalf of your Providers (as defined in our Terms and Conditions) as part of your electronic medical record; when the content or information is stored on or posted to the Site by a third party other than you (including any content or information posted by you that was held, republished or reposted by the third party); when Zestomen anonymizes the content or information, so that you cannot be individually identified; when you do not follow the aforementioned instructions for requesting the removal of the content or information; and when you have received compensation or other consideration for providing the content or information.

The preceding is a description of Zestomen's voluntary practices regarding the collection of personal information from certain minors through the Service. It is not intended to be an admission that Zestomen is subject to the Children's Online Privacy Protection Act, the Federal Trade Commission's Children's Online Privacy Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.

Protected Health Information (PHI)

You can use the Platform and Service as a user by creating an account with Zestomen. As part of that connection, you provide Zestomen with your name, email address, shipping address, phone number, and transactional information, which we do not consider "protected health information" or "medical information."

However, using certain Service features, you may share protected health or medical information. Zestomen is not a "covered entity" under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its rules and amendments (collectively, "HIPAA"). One or more Labs, Pharmacies, or Medical Groups (as described in our Terms and Conditions) may be a "covered entity" or "business associate" under HIPAA, and Zestomen may be a "business associate" of a Pharmacy or Medical Group. HIPAA does not apply to Zestomen, Medical Groups, Providers, Labs, or Pharmacies because health information is involved. However, suppose Zestomen is deemed a "business associate", in that case, it may be subject to specific HIPAA provisions regarding "protected health information" (PHI) that you provide to it, the Medical Group, or the Providers. In addition, any medical or health information you supply subject to specific protections under applicable state laws (together with PHI, "Protected Information") will be used and disclosed solely by such laws. This Privacy Policy allows the usage and disclosure of non-Protected Information. Legally de-identified information is not protected.

Medical Groups and Providers utilize and disclose Protected Information according to their Notice of Privacy Practises. You accept your Medical Group and Provider(s)' Notice of Privacy Practises by using the Service.

By accessing or using any part of the Service, you understand that even if HIPAA applies to Zestomen, the Medical Groups, the Providers, the Labs, or the Pharmacies, any information you submit to Zestomen that is not intended and used solely for diagnosis and treatment by the Medical Group and Providers, laboratory services by the Labs, or prescription fulfillment by the Pharmacies is not Protected Information and will only be s For clarity, name, username, email address, shipping address, and phone number provided to Zestomen to register and set up an account on the Platform are not Protected Information.

Cookies, mobile IDs, and other similar technologies

Cookies, web beacons, mobile analytics and advertising IDs, and similar technologies enable us to operate our websites and online services and gather usage statistics, identifiers, and device information.

What are cookies and other similar technologies?

Your browser can read a cookie when you connect to a web server in the same domain. The web server recognizes your browser each time it connects.

Websites and emails contain single-pixel or clear GIF web beacons. Your browser connects to the third-party web server with embedded videos, plug-ins, and adverts. We use web beacons in emails and newsletters to track opens and clicks.

iOS and Android operating systems produce mobile analytics and advertising IDs that apps can use, like cookies. Our apps allow us and third-party analytics and advertising partners to access these mobile IDs.

How do we and our partners use cookies and similar technology?

Our analytics and advertising partners use these technologies in our websites, apps, and online services to collect personal data (such as the pages you visit, the links you click on, and similar usage information, identifiers, and device information) about your online activities over time and across websites or online services. This data is used to keep your choices and settings, sign you in, analyze how our websites and apps work, track your activity, build inferences, deliver and personalize interest-based advertising, prevent fraud, and other lawful objectives. We and our partners share this data with third parties. See "Our Disclosure of Personal Data" for information about our third-party analytics and advertising partners that collect personal data on our services.

What kind of controls are there?

Browsers, mobile operating systems, and others offer cookie controls. See "Your Rights and Choices" below.

Uses of Information

Subject to the constraints in the Protected Health Information Section above, we use your data as indicated in this privacy statement or as otherwise notified.

We may utilize your browsing and other Service activity to promote and market Zestomen, the Service, and its products and services and measure our advertising and marketing efforts. This may include health-related Service pages you view. In some states, we need your consent to use sensitive personal information. We use Protected Information only for health-related pages.

De-identifying your information allows us to use, produce, and sell it for any legal reason.

Getting information out

We reveal personal data with your consent to complete transactions or offer authorized services. We may disclose your information to third parties in connection with our Service or as otherwise permitted or required by law. For instance:

  • Service providers. This statement describes how we share personal data with vendors and agents. For instance, organizations we contract to support customer service or secure our systems and services may need access to personal data.

  • Banking and payments. We share amount and transactional data with banks and other entities for payment processing, fraud protection, credit risk reduction, analytics, and other financial services.

  • Marketing/Ad Partners. Marketing and advertising partners may receive personal data. We may share identifying information with an advertising partner to offer personalized advertising to you or people with similar interests. Health and sex information that is not Protected Health Information may be included. If you visit a page on balding or erectile dysfunction treatments, we may share that information with an advertising partner who will target you with ads on other websites.

  • Banking and payments. We share amount and transactional data with banks and other entities for payment processing, fraud protection, credit risk reduction, analytics, and other financial services.

  • Affiliates. Where we share data systems or need access to offer services and run our business, we allow our subsidiaries, affiliates, and associated companies to access personal data.


  • Labs, Pharmacies, Medical Groups, or Providers. We help Medical Groups, Pharmacies, Providers, and Labs provide services to you via the Service and collect payment by sharing information with them.

  • Corporate deals. We may reveal personal data in a merger, financing, acquisition, bankruptcy, dissolution, transfer, transfer, divestiture, or sale of our business or assets.

  • Law enforcement. When required by law or valid legal process from law enforcement or other government agencies, we shall access, share, and preserve personal data.

California and other U.S. jurisdictions classify data disclosures to third parties as "selling" or "sharing" personal information. See "Your Rights and Choices" and "California Privacy Rights" for details.

Some of our services integrate, reference, or connect to third-party services with different privacy policies. If you give or let us give third parties your data, their privacy policies apply.

We may legally disclose de-identified information.

Personal data selection and control

We let you control your info and how we utilize it. Controls and choices may be rights in some jurisdictions.

Please send us an email at privacy@zestohealth.com to view, download, correct, or delete your data.

We offer email or SMS promotional messages. Following the instructions in our promotional email or SMS communications or contacting us as specified in the "Contact Us" section below will cease them. Surveys and obligatory service communications are exempt.

Device and browser-specific options. You must configure settings for other devices and browsers if you use our services from them.

Some privacy regulations define "sale" broadly to encompass the disclosures in the "Our Disclosure of Personal Data" section above.

The browser or platform controls

Cookie controls. Most browsers automatically accept cookies. To delete or reject cookies, visit browser settings. Our website may be affected if you delete or refuse cookies. Cookies may remove settings and preferences, requiring resetting.

Global privacy. Some browsers and browser extensions support the "Global Privacy Control" (GPC) or similar controls that signal websites you visit indicating your choice to opt out from specific data processing, including data sales and targeted advertising, as specified by applicable law. We respect your GPC setting or another opt-out preference signal when we discover such a signal.

No tracking. Some browsers can transmit a "Do Not Track" (DNT) signal to websites you visit. Our websites do not reply to browser DNT signals since the DNT signal needs to be better understood, unlike the GPC. Instead, utilize other tools like GPC, cookie controls, and advertising controls to control data gathering and use.

ID-controlled mobile advertising. Limit tracking and reset advertisement IDs on iOS and Android.

Email beacons. Most email applications allow you to disable automatic picture downloading, including web beacons, which disables automated access to image servers.

Except for the automatic controls above, we may deny requests to exercise your rights or these choices to the extent authorized by law. We may refuse requests if they violate the law, violate a person's privacy or other rights, reveal a trade secret or additional confidential information, or interfere with a legal or business obligation to retain or use the data. We may also deny a request if we cannot verify you as the data subject, the request is unreasonable or disproportionate, or as otherwise permitted by law.

Data storage

Zestomen may keep your information as long as it needs to comply with its legal requirements, settle disputes, and enforce its agreements, or provide you with the Services or its products and services. Zestomen may delete or dispose of such information at any time unless required by law.

Medical Groups, Providers, Pharmacies, and Labs may keep your information as long as they comply with their legal obligations, resolve disputes, enforce their agreements, or provide you with their products and services. Except as required by law, Medical Groups, Providers, Pharmacies, and Labs may dispose of or delete such information at any time.

Other third parties with whom we share your information have their own retention and deletion policies.

Legal issues

Our Terms and Conditions limit Service use to select US states. U.S. law governs this Privacy Policy and our collection, use, and sharing of your information.

Miscellaneous

We protect our data with reasonable physical, technological, and administrative methods. You are responsible for all Account use, so keep your Account password private and confidential. Please notify us immediately using the "Contacting Us" option below if you suspect your Account security has been compromised.

You can use the Service without providing certain information, which may limit or prevent you from accessing it. Email us to opt out of emails and promotions. Even if you opt-out, we may send Service-related communications. We do not respond to web browser "do not track" signals or other technologies allowing users to opt out of data collecting across our websites and online services. We'll explain in this Privacy Policy if we do. Zestomen might update our Privacy Policy at any moment. Such supplements, amendments, and other modifications will be posted on this or a similar page of the Service and shall be deemed effective as of the "Last Updated" date; however, Zestomen will notify you or require you to accept the updated Privacy Policy if it implements material changes from its then-current Privacy Policy. Every time you use the Service, you must read this Privacy Policy.

Your Rights and Choices

The state you live in may grant you legal rights over your personal information, depending on your location. You may request certain types of information as follows:

  • Categories of information we process, our uses of your information, our sources of such information, and our disclosure of such information.

  • Access to the information that ZestoHealth has collected about you and a copy of certain information in a portable format.

  • Correction of certain information we have about you.

  • Deletion of the information we have about you.

To make a request, email us at privacy@zestohealth.com. Before we disclose, correct, or delete any information in response to your requests, we must verify your identity. We may contact you for additional information to verify your identity if required. ZestoHealth will never ask you for sensitive personal or financial information when verifying your identity, and no ZestoHealth employee will ask you to tell them your password. If you are an authorized agent submitting a request on someone's behalf, we may require proof of the written authorization you have received before processing the request.

Some information may be exempt from such requests under applicable law. For instance, if the request prevents us from completing a transaction you initiated, interferes with our legal obligations, affects legal matters including a ZestoHealth user’s rights to data contained in their account, we cannot verify your identity, or compliance with your request is not legally required and would involve disproportionate cost or effort. Regardless, we will respond to your request within a reasonable timeframe and provide you with an explanation. If we deny your request in whole or in part, the laws in your jurisdiction may provide you with the right to appeal our response. If applicable, we will provide you with information about your appeal options in our response to you.

ZestoHealth will not discriminate against anyone who makes a rights request. However, in some cases, we will not be able to provide our services to you without that information.

If applicable, you may have the right to appeal our decision to deny your request. We will provide information about how to exercise that right in our response to denying the request. You may also have the right to complain to a supervisory authority.

You may opt-out of the sale of and disclosure of information for online targeted advertising. ZestoHealth may allow third parties to receive certain information to deliver targeted advertising to you. These activities may qualify as the “sale” of personal information or "sharing" or processing of personal information for targeted advertising, as defined in applicable law. Residents of certain states may opt out of the sale of personal information or sharing or processing of their personal information for targeted advertising by sending an email to privacy@zestohealth.com.

We may share user email addresses with advertising partners to provide you with relevant advertising. To opt-out of this activity, please send an email to privacy@zestohealth.com.

If you opt-out, you may still receive advertising, but it may not be tailored to your interests. Note that if you use different browsers, devices, or services, you will need to opt-out of each browser or device where you want your choice to apply.

Sensitive Data Opt-Out Right. You have the right to limit our use of sensitive personal information for any purposes other than to provide the services or goods you request or as otherwise permitted by law. To opt-out of such additional purposes, please send an email to privacy@zestohealth.com. Depending on your jurisdiction, we may ask for your consent before using your sensitive personal information for our marketing and online advertising purposes.

Marketing preferences

You may instruct us not to use your contact information to contact you by email, postal mail, or phone regarding products, services, promotions, and special events that might appeal to your interests by contacting us at privacy@zestohealth.com. Note that, regardless of your request, we may still use and disclose certain information as permitted by this Privacy Policy or as required by applicable law. For example, you may not opt out of certain operational emails, such as those reflecting our relationship or transactions with you.

Privacy Information for California Residents

If you are a resident of California and your personal information is subject to the California Consumer Privacy Act (CCPA), you have certain rights regarding that information. At the time of collection, you have the right to receive notice of our practices, including the categories of personal and sensitive personal information that will be collected, the reasons for which it is being collected, if it will be sold or shared, and how long it will be retained.

You also have the right to request that we disclose to you the personal information we have collected about you, and to request additional information about our collection, use, disclosure, or sale of such personal information. If you find any inaccurate information, you can request that we correct it, and if necessary, delete the personal information. You can make such requests by emailing us at privacy@zestohealth.com.

You have the right to opt out of future sales or sharing of personal information as defined by the CCPA. However, note that the CCPA defines "sell," "share," and "personal information" very broadly. If you wish to opt out of sales or sharing of personal information relating to your visits to our sites for advertising purposes, you can make your request by emailing us at privacy@zestohealth.com. We will not share or make available such personal information in ways that are considered a “sale” or “sharing” under the CCPA.

You can designate an authorized agent to make requests on your behalf to exercise your rights under the CCPA. However, we will need to verify your identity to the degree of certainty required by law before providing, correcting, or deleting specific pieces of personal information. We will verify your request by asking you to send it from the email address associated with your account or by requiring you to provide the information necessary to verify your account.

You have the right to not be discriminated against for exercising these rights set out in the CCPA. We do not disclose personal information to any third parties for their direct marketing purposes as defined by the “Shine the Light” law.

Contact Us

If you have any questions about this Privacy Policy, please contact us by email at privacy@zestohealth.com.

Zestohealth Inc.

382 NE 191st St,

Miami, FL 33179

Attn: Privacy Officer

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Zestohealth Inc. is a telehealth company based in Florida that specializes in online healthcare services. Zestomen is an initiative of Zestohealth Inc. that allows men to get confidential, doctor-prescribed, personalized treatment plans using our online platform. It allows men to take charge of their health in a discrete way by covering various wellness aspects, including sexual health, and several other men-related issues.

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