Washington Consumer Health Data Privacy Policy

Welcome to our Washington Consumer Health Data Privacy Policy

This Washington Consumer Health Data Privacy Policy provides information regarding how 86Borders LLC (together with its affiliates, “86Borders,” “we,” or “us”) process consumer health data subject to Washington’s My Health My Data Act (“WMHMDA”).

To what data does this Policy apply?

This Policy applies, subject to several exceptions, to personal information that is linked or reasonably linkable to you and that identifies your past, present or future physical or mental health status within the meaning of the WMHMDA. It applies only if you are:

A resident of Washington; or
An individual about whom information is collected in Washington.

We refer in this Policy to this data as “Washington consumer health data.”

Note that this Policy does not apply to personal information that is not subject to the WMHMDA, including to information that is specifically exempted from the WMHMDA, which includes, among other things, protected health information subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and its implementing regulations.

Additional information relating to how we process data not subject to the WMHMDA is available in our Privacy Policy available online at www.86borders.com/privacy/.

What Washington consumer health data do we collect?

We collect Washington consumer health data in connection with our services and products and the type of Washington consumer health data depends on the specific service or product offering that you use or receive and your interaction with us. Examples of Washington consumer health data that we collect may include:

information about your health-related conditions, symptoms, status, diagnoses, testing, or treatments (including surgeries, procedures, physician visits, telemedicine services, lab services or results, physical therapy, use or purchase of medications, or other social, psychological, behavioral, and medical interventions or needs);
measurements of bodily functions, vital signs, symptoms, or health characteristics, physical activity data, sleep data, nutrition data, mindfulness data, blood pressure, pulse and heart rate data, weight tracking data (e.g., body fat percentage, weight, height, body mass index, and other body mass information), blood glucose data, blood oxygen levels data, and body temperature data;
biometric data, such as your fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait or other physical patterns and other imagery from which an identifier template can be extracted;
information regarding gender-affirming care;
information on reproductive or sexual health;
genetic data;
precise geolocation information that could reasonably indicate your attempt to acquire or receive health services or supplies;
information that could identify your attempt to seek health care services or information (e.g., we may communicate directly with you regarding such health care services or information. We may also collect your search queries on our websites and mobile apps, which may include queries concerning health-related topics);
other information (including nonhealth information) that may be used to infer or derive data related to the above or other health information.

How do we use your Washington consumer health data?

We primarily collect and use Washington consumer health data as necessary to provide you with the requested products or services. This may include the following:

provide and maintain our services;
communicate with you;
communicate with our health plan clients;
communicate with health care providers and other service providers;
communicate with social welfare agencies and nongovernmental organizations (NGOs);
troubleshoot and improve our services;
personalize your experiences;
authenticate your identity;
essential business operations that support the provision of our products and services; and
comply with legal obligations and respond to legal process.

We may collect and use Washington consumer health data for other purposes for which we obtain your consent as required by the WMHMDA. This may include the following:

marketing purposes;
surveys;
the purposes described in the consent; and
any other lawful purpose for which we obtain your consent.

We may also collect and use Washington consumer health data to protect our Company, our users and clients, and the public, such as to:

prevent, detect, protect against, or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive activities, or any activity that is illegal under Washington state law or federal law;
preserve the integrity or security of systems; and
investigate, report, or prosecute those responsible for any such action that is illegal under Washington state law or federal law.

We may deidentify or anonymize Washington consumer health data so that it cannot reasonably be reidentified by us or by another person, and we may use this deidentified data for any reason permitted by applicable law.

How do we share your Washington consumer health data?

We may share each of the categories of Washington consumer health data described in this Policy as necessary to provide you with a product or service you request or provided for your benefit, with your consent, or for certain security-related purposes, as described above and as described further in our Privacy Policy, such as:

with our affiliates;
with our health plan clients;
with health care providers and other service providers;
with social welfare agencies and nongovernmental organizations (NGOs);
with regulatory agencies (e.g., the Centers for Medicare and Medicaid Services); and
to facilitate a business transfer.

Sources of Washington Consumer Health Data

As described further in our Privacy Policy, we collect your personal and other health-related information, which may include your Washington consumer health data, directly from you, from our health plan clients, from health care providers and other service providers, automatically as you interact with our websites and mobile applications, and from other third party or public sources. The specific sources of Washington consumer health data depend on the service or product offering that you use and your interaction with us.

Third Parties with Which We Share Washington Consumer Health Data

As necessary for the purposes described above, we may share Washington consumer health data with the following categories of third parties:

our health plan clients;
health care providers and other service providers;
social welfare agencies and nongovernmental organizations (NGOs);
regulatory agencies (e.g., the Centers for Medicare and Medicaid Services);
parties to a business transfer;
third parties, as required or expressly permitted by law, such as government agencies and law enforcement in response to legal process or other third parties as necessary to protect our Company, our users, and the public;
other third parties as necessary to provide the services or products you requested;
other users and individuals at your direction; and
the public via voluntary collaboration areas.

We will not sell Washington consumer health data unless we have a separate written authorization from you to do so.

By default, when you use our online services, we will not share Washington consumer health data to third parties so those third parties can collect Washington consumer health data over time and across different websites or online services. We will only share this data when we have a separate written authorization from you to do so. Nonetheless, please note that third parties may still be able to collect consumer health data from you over time and across different websites depending on your browser, browser add-ons, and permissions you set on your device. Data collected by those third parties is unrelated to our collection of Washington consumer health data from you, and we recommend reviewing those third parties’ privacy notices for more information about their collection methods to opt of such collection.

Your Rights Under WMHMDA

Under the WMHMDA, subject to certain exceptions, you may have the right to access or delete Washington consumer health data about you or receive a list of third parties and affiliates with whom your Washington consumer health data was shared or sold (with authorization). You also may have the right, subject to certain exceptions, to withdraw consent relating to the use, sharing, or selling (with authorization) of your Washington consumer health data. To exercise these rights, you may submit a request by email to privacy@86borders.com. You may be required to submit proof of your identity for these requests to be processed. We will not be able to comply with your request if we are unable to confirm your identity or authenticate your request.

If you have questions about this Policy or would like to make a complaint, you can contact us by email at privacy@86borders.com.

Last Updated: November 1, 2024