PRIVACY POLICY

© COPYRIGHT 2011 Jill’s List, Inc. ALL RIGHTS RESERVED.

Last updated on July 29, 2011.

Summary. The website jillslist.com (the “Site”) is brought to you by Jill’s List, Inc. (“Jill’s List,” “we,” “us,” or “our”). Your privacy is important to us and we want you to understand our intentions, responsibilities, and the limits to our responsibilities with regard to your privacy. This Privacy Policy applies to the Site. This Privacy Policy does not apply to any (a) web sites to which we link, (b) websites referenced to by Jill’s List or others on the Site or (c) any site linked to through any advertisement posted on the Site. By accessing this Site and/or using the services and/or features made available on the Site (the “Services”), you agree, without limitation or qualification, to the terms of this Privacy Policy, as they may be amended from time to time. We reserve the right to change this Privacy Policy at any time as we update and change our services, so please check back to this page from time to time for the latest updates. This Privacy Policy is incorporated into, and part of, our General Terms of Use, and our Patient User Agreement and/or the Practitioner/Organization User Agreement, as applicable, (together with the General Terms of Use, the “Terms of Use”) which govern your access and use of this Site and/or Services in general. All capitalized terms not otherwise defined herein shall have the meaning assigned to such terms in the Terms of Use.

Please know that any information, including personal information, you reveal in a public forum, such as a reviews of practitioners or organizations or recommendations of treatments, practitioners or organizations, or similar electronic public venues is not protected by this Privacy Policy. Such postings will be seen by other registered users and third parties not related to the Site. What you write could be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes.

Information We Collect. In order to access certain password-protected portions of the Site and use certain Services (e.g., write reviews of practitioners or organizations, recommend treatments or practitioners/organizations, schedule an appointment, exchange information with your practitioner or patients, as applicable), you must first become a member of the Site by completing the registration process. During the registration process, we collect certain personal information such as (1) your first and last name and email address if you are a consumer, (2) your first and last name, gender, e-mail address, the name, address , website address, and telephone number of your practice, your professional license number, type, state of issuance, and expiration date if you are a practitioner, and (3) the name of your organization, and the first and last name and email address of your representative, if you register as an organization.

As a consumer registered user of Jill’s List (each, a “Patient”), you have the opportunity, in your sole discretion, to use the Services to (1) create a user profile, (2) fill out a medical history form and a patient metrics form with your person information and to store this information in your user profile where you can access and update/make changes to it from any web browser; (3) upload and store your personal health records, personal information like where you work and have travelled, and health insurance information on your user profile, (4) upload and post your photograph to your use profile, (5) interact and exchange information with practitioners of your choice that are members of Jill’s List, such as medical history, medical records, and treatment notes from you or of other practitioners that are registered members of Jill’s List (each, a “Practitioner”), (6) keep personal treatment notes and access treatment notes written by your Practitioners, (7) schedule and track appointment with your Practitioners, (8) review Practitioners, (9) recommend Practitioners and/or treatments, and (10) invite third parties, including practitioners, to join Jill’s List.

As a Practitioner, you have the opportunity, in your sole discretion, to use the Services to (1) create a user profile (including information about your practice, your credentials and your coupons or bulletins), (2) schedule and track appointments with Patients, (2) interact and exchange information with Patients, including treatment notes, (3) interact and exchange information with organization like hospitals and academic institutions that are registered members of Jill’s List (each, an “Organization”), (4) create a catalogue of all of the treatments (and related information about treatments including length of treatment and price of treatment) that you provide, (5) write and store treatment notes, (6) set up a merchant account with an independent, third party merchant account provider and charge for treatments electronically or via the telephone, and (7) invite third parties, such a patients and organizations, to join Jill’s List.

As an Organization, you have the opportunity, in your sole discretion, to use the Services to (1) create a user profile, (2) interact and exchange information with Practitioners, (3) refer your patients to Practitioners, and (4) invite third parties, such as patients, practitioners, and other organizations to join Jill’s List. As an Organization, you also have the opportunity to purchase an enterprise subscription and give a certain number of your employees or contractors who are practitioners or administrative personnel of practitioners or other practitioners or administrative personnel in your practice, the right to access and use the capabilities described above, including the right to access and use Jill’s List Tools, via a separate practitioner account that each practitioner will have to create.

In addition to the information described above which you may provide to us in your sole discretion, we may also request and collect additional personal information such as your telephone number and address when you use certain Services on the Site, such as Jill’s List Tools, applications to doctor and hospital referral programs or referral marketing programs. While you may be requested to provide your credit card number when you opt to pay for an appointment with a Practitioner via the Site (if you are a Patient) Jill’s List does not store your credit card information or merchant account number. Credit card information is stored by the credit card processor.

Merchant Account Numbers. As a Practitioner, in order to process and collect credit card payments made by Patients online, you will have to apply for and establish a merchant account with First Data Corporation (“First Data”). Jill’s List will collect and store your merchant account number solely for the purpose of enabling the connection to the First Data payment gateway that drives Patient credit card transactions to your merchant account. You hereby acknowledge and agree that Jill’s List is not affiliated in any way with First Data and that we have no responsibility or liability for the services provided by First Data or for First Data’s acts or omissions.

If you choose to invite an individual to join Jill’s List, you may need to provide his/her name and email address. We store this information to confirm memberships attributable to your account and to track the results of the invitation referrals. Any individual who receives an email invitation to join the Site may choose not to receive such invitations in the future by following the instructions in the email invitations.

How We Collect Personal Information. We do not collect any personal information from you except when you expressly volunteer the information. This includes when you: (1) provide personal information as part of your user profile or when you use the Services, including Jill’s List Tools, (2) request information about our Site or Services electronically, (3) use or participate in various marketing programs, services or features made available on the Site (including, without limitation, when you invite other parties to join Jill’s List) or (4) provide us with comments, questions or feedback about our Services or your Site experience.

Information We Track. As part of operating the Site and providing the Services, we automatically gather certain information about the use of the Site, such as how frequently certain areas of the Site are visited and searches conducted. We may also track your actions to provide you with a more personalized experience, including targeted offers of services and products based potentially on such things as your interests (as identified by your use of the Site) or your location. This tracking may be accomplished through various technologies, including through the use of cookies and web beacons. Most browsers can be set to prevent cookies or to notify you when one is being placed. However, cookies may be necessary to access the Site or to utilize it fully. We generally use this information to improve our Site, analyze trends, administer the Site, provide Services, track users' movements around the Site, and gather aggregate information about the Site user base as a whole, and in certain cases, we may use this information to deny service in accordance with our Terms of Use.

How We Use Your Information. The personal information we gather from you may be used for the following purposes: (1) to provide the Services to you, (2) to respond to your requests and inquiries and to provide you with Services, and (3) to notify you about important changes to our Site and/or Services, such as changes or updates to this Privacy Policy or Terms of Use, security announcements or other similar messages. Please understand that if you choose not to receive promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us.

We may create anonymous information records from your personal information by excluding information (such as your name) that make the information personally identifiable to you. For clarity, anonymous information means information that is not associated with or linked to your personal information and does not permit the identification of individual persons. We may use this anonymous information for any purpose in our discretion. Further, we reserve the right to use and disclose anonymous information to third parties.

Disclosure of Your Information. We will not share or disclose your information to anyone except as described in this Privacy Policy.

We may share your personal information with our subsidiaries, affiliated companies or trusted service providers for the purpose of processing personal information on our behalf, to provide certain specialized products or services that you have requested, or to perform services to maintain and operate the Site and certain features on the Site (i.e., we may use third parties to host the Site; operate various features available on the Site; send emails; analyze data; provide search results and links and assist in responding to requests)These third parties will process such information, use your information to provide the requested services, and perform services according to our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.

In the event that we are acquired, merge with another entity or sell portions of our assets, our databases (which may contain your personal information) will be among transferred assets. You will be notified via the Site of any such change in ownership or control of your personal Information.

We reserve the right to access, use, preserve, or disclose your personal information when we have a good faith belief that access, use, preservation, or disclosure of such information is reasonably necessary to (1) satisfy any applicable law or regulation, (2) respond to claims and/or to comply with a judicial proceeding, court order, or legal process served on Us, (3) protect the rights, property or safety of Jill’s List, our users, or the public, as permitted by law (4) detect, prevent, or otherwise address fraud, security or technical issues, or (5) enforce our Terms of Use.

Opt-Out. We want to communicate with you in ways you want to hear from us. Examples are marketing communications such as promotional emails and new product/services announcements. Once you register as a user with Jill’s List, we use the email address you provided to us during the registration process to confirm your registration and the validity of the provided email address. Your reply to this email is necessary for completing your registration. You can opt-out of receiving marketing communications by clicking on the “Unsubscribe” link found at the bottom of each email you receive from us. We will take commercially reasonable steps to implement your opt-out requests promptly, but you may still receive communications from us for up to ten (10) business days – this is fine as we process your request. Please be aware that, even if you have opted to receive only certain communications from us, we may still need to contact you for transactional purposes and maintenance purposes. For example, we may need to contact you with questions/information regarding an order, product information, refunds or to notify you of major service upgrades, changes, or outages.

How We Protect Your Information. We are committed to protecting the personal information we receive from you and use reasonable measures to maintain the security of such information. However, no company, including us, can fully eliminate security risks associated with the transmission of personal information through online transactions, and you do so at your own risk.

Accessing and Updating Your Personal Information and Preferences. If you are a registered user, you may access and update your account information at anytime by selecting the My Account tab at the top of the homepage and then clicking on the Update My Account link. In addition to being able to update the information you provided during the registration process, you can also add your gender and date of birth. You may also update or change your use account setting by selecting the My Account tab at the top of the homepage and then clicking on the Manage My Setting link. You may cancel your user account at anytime by selecting the My Account tab clicking on the Delete My Account link.

Children. You should be aware that this Site is not intended for, or designed to attract, children under the age of 13 and as such, we do not intentionally gather personal information about visitors who are under the age of 13. We would be pleased to work with parents and guardians to delete from our records personal information a child may improperly disclose. If you believe that we have collected personal information about a child who is under the age of 13, please contact us at privacy@jillslist.com and such personal information will be deleted.

Notice to California Residents. California Civil Code Section 1798.83 permits customers who are California residents and who have provided Jill’s List with "personal information" (as that term is defined in Section 1798.83) to request certain information about the disclosure of that information to third parties for their direct marketing purposes. If you are a California resident with questions regarding this, please contact us at privacy@jillslist.com or at Attn: Jill’s List, 177 Huntington Avenue, 4^th Floor, Boston, MA 02114.

Notice to Visitors Outside the United States. You should be aware that the United States and other countries have not harmonized their privacy regulations. Because Jill’s List and its servers are located in the United States, Jill’s List has written its Privacy Policy to satisfy United States regulations. By using the Site and/or the Services, you agree to the level of privacy protection set out in our Privacy Policy.

Privacy Policy Updates. This Privacy Policy is subject to occasional revision, and changes will be posted on this page. Any changes to this Privacy Policy will be communicated on this page. You are urged to return to check the Privacy Policy for the latest updates prior to submitting any personal information through the Site. If you have any questions about this Privacy Policy, please contact us at: privacy@jillslist.com