Privacy Policy

We Are Here, Inc. (“Here”, “we”, “us”, our”) provides online products and services (collectively, the “Services”) through our mobile applications and wearehere.com (collectively, the “Site”) that may, among other things, provide you with tools to engage in supportive care assistance for those facing cancer, their caregivers and their support team. We provide this privacy policy (“Privacy Policy”) to describe the information Here collects from users of the Site (“Users”,“you”), how that information is stored, how we use that information, what information other members can see when they use the Site and how Here Partners (defined below) receive data and how we may use and disclose this information when the Site is accessed through any device. It also describes the choices available to you regarding our use of your information and how you can manage and update this information. Some online services offered by or affiliated with Here may be governed by a separate privacy policy. We suggest you review each of the privacy policies for the services you are wishing to receive.

For the purpose of this Privacy Policy, “Personally Identifiable Information” means any information that, by itself or in combination with other information, identifies or can reasonably be used to identify an individual, such as name, email address, telephone number, address, or date of birth. Personally Identifiable Information does not include information that is anonymized, or publicly available information that has not been combined with non-public Personally Identifiable Information.

When you sign up or use Here, we ask you to confirm that you’ve read and agree to our Privacy Policy. This means that by submitting Personally Identifiable Information and other information to the Site, you consent to the collection, use, and disclosure of such information as set out in this Privacy Policy.

Generally, you may browse the Site and/or our applications without providing any Personally Identifiable Information. However, we ask that you provide information at various times and locations through the Site. In certain components of the Site, you may also provide certain medical information that may be protected under applicable laws. Here is neither a “covered entity” nor a “business associate” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”). It is important to remember that, while state-specific privacy laws may apply, HIPAA does not necessarily apply to an entity or person simply because there is health information involved, and HIPAA may not apply to your transactions or communications with Here.

Any medical or health information that you provide that is subject to specific protections under applicable state laws will be used and disclosed only in accordance with such applicable laws. However, any information that is not protected under such applicable state laws may be used ordisclosed in any manner permitted under our Privacy Policy.

Information you store on your Profile:

We collect information you provide when you sign up with Here, including your email address. We may also collect any optional information from time to time you may choose to provide (i.e. full name, address, phone number, diagnosis, etc.) When you create a Support Team, we may collect identifying information about members of the Support Team and the caregiver, such as the caregiver’s work status and living situation. We also collect information about how supporters can help patients. We may use this information to suggest services that may be of use to the patient or caregiver and, with your consent, apply for and/or enable those services on your behalf. When you use our coaching services, we arrange 3rd party coaching services and/or you use Peer Guidance and navigation services, we may collect information regarding your past and present medical history (i.e., diagnosis, medical events, medications, etc.). We may also collect financial information in order to determine eligibility for certain programs and benefits. Finally, we may collect information regarding your insurance coverage and benefits.

Why do we ask you for certain types of information?

Recommended services and products often depend on criteria such as diagnosis, mental health and physical health. This data helps us to provide you with a personalized online experience.

How do we use your information?

We will use your information only for the following purposes:

Information regarding the care recipient’s needs, actions taken and updates may be shared among and be available to Care Team members, but is not publicly visible to other Users outside of the Care Team without the care recipient’s written consent.

We may also use your information to contact you about goods and services that may be of interest to you, including through newsletters. If you wish to opt-out of receiving such communications, you may do so at any time by clicking unsubscribe at the bottom of these communications.

Creation and Use of Combined Data, De-Identified Data, and Aggregated Data:

As permitted by law and by Here’s agreements with applicable Here Partners, Here, and any third-party vendors acting on Here’s behalf, may aggregate and/or de-identify your Information and/or combine your Information with other information maintained or available to Here and use or disclose such information as follows:

Disclosure of Information

We may share your Information in the following circumstances:
Children:

Our Site and/or Apps are not intended for children and adolescents under 18 years of age. No one under age 18 may provide any information to us through the Site. We do not knowingly collect Personally Identifiable Information from individuals under 18. If you are under 18, do not access, use, or provide any information on the Site or on or through any of its features. If we learn we have collected or received Personally Identifiable Information from an individual under18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about an individual under 18, please contact us at hello@wearehere.com

Cookies:

A “cookie” is a data element that a website can send to your browser, which may then be stored on your system. We use different kinds of cookies on the Site. They may help store user preferences and activity, and may allow a website to recognize a particular browser or device.

Third- Party Sites:

Our Site may contain links to other third-party sites. When you click on one of these links you are visiting a website operated by someone other than Here, and the operator of that website may have different privacy policies. Here is not responsible for the individual privacy practices of those sites. We encourage you to investigate the privacy policies of these third-party operators.These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Retention of Personal Data:

Personal data will be retained only for so long as reasonably necessary for the purposes set out in this Privacy Policy, considering criteria such as applicable rules on statute of limitations and at least the duration of your use of our Site and Services. Information may persist in copies made for backup and business continuity purposes for additional time.

Contacting us:

You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes. Email us at hello@wearehere.com.

How to Contact Us with Questions about this Privacy Policy:

Please read this Privacy Policy carefully. If you have questions or complaints regarding our Privacy Policy or privacy practices, please contact us at: Attn: Chief Privacy Officer, We Are Here, Inc. 4810 Spicewood Springs Rd. Ste. 207 Austin, Texas 78759 or hello@wearehere.com.

Revisions to this Privacy Policy:

We reserve the right to change this Privacy Policy at any time whereby relevant changes take effect for the future. The applicable version of this Privacy Policy is available on theSite.

Date last modified: December 7, 2021

Terms and Conditions

These terms and conditions (the "Terms and Conditions") govern the use of www.wearehere.com (the "Site"). This Site is owned and operated by We Are Here. By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

Intellectual Property

All content published and made available on our Site is the property of We Are Here and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Age Restrictions

The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.

Acceptable Use

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

User Contributions

Users may post public comments on our site. By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.

Links to Other Websites

Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.

Limitation of Liability

We Are Here and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless We Are Here and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws of the State of Delaware.

Dispute Resolution

Subject to any exceptions specified in these Terms and Conditions, if you and We Are Here are unable to resolve any dispute through informal discussion, then you and We Are Here agree to submit the issue before an arbitrator. The decision of the arbitrator will be final and binding. Any arbitrator must be a neutral party acceptable to both you and We Are Here.

Notwithstanding any other provision in these Terms and Conditions, you and We Are Here agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

Additional Terms

Although we are not obligated to monitor access to or use of the Site or to review any Comments, we have the right to do so for the purpose of operating the Site, to ensure compliance with this TOU, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated to remove any Comments at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Comments to be objectionable or in violation of this TOU including this acceptable use policy. We have the right to investigate violations of this TOU or conduct that affects the Site. We may also consult and cooperate with law enforcement authorities to prosecute Users who violate the law.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details

Please contact us if you have any questions or concerns:
______________________________________
info@wearehere.com
LLC 4810 Spicewood Springs Rd., Ste. 207, Austin, TX 78759

Effective Date: 11th day of February, 2022