Agency Nevada Health Privacy Notice

Last Updated: April 24, 2024

Information for Individuals Whose Health Data is Collected in Nevada

We collect Consumer Health Data from individuals in Nevada. Our collection of Consumer Health Data is covered by the Nevada Consumer Health Data Privacy Law (“NV CHDP”). In addition to our Privacy Notice at https://withagency.com/privacy and other Agency Privacy Notices or Addendums, this Nevada Health Privacy Notice only applies to individual consumers who are residents of the state of Nevada that requested a product or service from Agency/Curology, or individuals whose Consumer Health Data is collected in the state of Nevada (“Health Data Subjects,” or “you”).

“Consumer Health Data” means personally identifiable information that is linked or reasonably capable of being linked to a particular individual and that is used to identify that individual’s past, present, or future health status. However, the following categories of information are not Consumer Health Data and not covered by this Nevada Health Privacy Notice:

• Deidentified data; 

• Information used to identify the shopping habits or interests of an individual, if that information is not used to identify the specific past, present or future health status of the individual;

• Collection or sharing of Consumer Health Data where expressly authorized by federal or state law;

• Information otherwise excluded from the scope of NV CHDP.

This Nevada Health Privacy Notice provides the following information to individuals in Nevada:

• Categories of Consumer Health Data we collect;

• Categories of sources from which we collect Consumer Health Data;

• Purposes for which we collect, use, and share Consumer Health Data; 

• How we use and process Consumer Health Data;

• Categories of Consumer Health Data we share;

• Categories of third parties or affiliates with whom we share Consumer Health Data; 

• How a Health Data Subject can review and request changes to Consumer Health Data;

• How Health Data Subjects can exercise their rights under NV CHDP:

• The right to confirm whether Consumer Health Data is collected, shared, or sold

• The right to delete Consumer Health Data

• The right to opt out of the collecting, selling, or sharing of Consumer Health Data

• The right to obtain a list a list of all third parties with whom Consumer Health Data has been shared or sold

• The right to appeal our decisions on requests to exercise any of these rights.

This Nevada Health Privacy Notice does not apply to the information of individuals acting in an employment context, such as job applicants, employees, or contractors to Curology, Inc., David Lortscher, MD, P.C. (DBA Curology Medical Group), Skin Specialty Solutions, Inc., Personalized Skin Solutions, Inc., our fully owned and operated brands, including Agency, and our provider and related entities (“Curology”). This Nevada Health Privacy Notice also does not apply to the information of individuals acting as an agent of a governmental entity. 

Categories of Consumer Health Data We Collect

We may collect the following categories of Consumer Health Data with your affirmative, voluntary consent, or to the extent necessary to provide a product or service that you requested. We only collect the categories of Consumer Health Data described in this Nevada Health Privacy Notice.  

• Information relating to any health condition or status, disease or diagnosis;

• Information relating to social, psychological, behavioral or medical interventions;

• Information relating to surgeries or other health-related procedures;

• Information relating to the use or acquisition of medication;

• Information relating to bodily functions, vital signs or symptoms;

• Information relating to reproductive or sexual health care; and

• Information relating to gender-affirming care;

• Any other information used to associate or identify an individual with any category of health data that is derived or extrapolated from nonhealth information (including, without limitation, proxy, derivative, inferred or emergent data derived through an algorithm, machine learning or any other means).

Sources of Consumer Health Data

We collect Consumer Health Data from the following sources:

• Directly from you;

• Inferences from your activity using our services; 

• From our affiliates (businesses that share common branding and ownership with Curology); 

• From our business partners (companies that we have a pre-existing commercial relationship with); 

• From our advertising partners.

Use and Processing of Consumer Health Data

We only use and process Consumer Health Data as described in this Nevada Health Privacy Notice. We may use and process Consumer Health Data to fulfill any of the purposes listed below. 

Purpose for Collecting and Using Consumer Health Data

We only collect and use Consumer Health Data for the purposes described in this Nevada Health Privacy Notice. We may collect and use Consumer Health Data for the following purposes: 

• To provide teledermatology and related services to our Patient Users via our licensed medical providers (including those who provide healthcare services, drugs, or medical devices);

• To verify your identity as the holder of an account with us;

• To administer your account, process payments, troubleshoot issues, and provide you with customer support;

• To communicate with you about the services, and to deliver any administrative notices or alerts and communications relevant to your use of the services;

• To allow you to participate in sweepstakes, contests, or other promotions;

• To market our services that we believe may be of interest;

• To tailor the features, performance and support of the services to you and your preferences;

• To provide, operate, analyze usage of, and improve the services, including performing research and development;

• To investigate, detect, deter, prevent, report, defend against, or take other action regarding security incidents, abusive behavior, suspected fraud, malicious or illegal activities, or violations of our Terms of Service or other policies;

• To make sure our terms, policies, and agreements with you and any third parties are enforced;

• To comply with applicable laws and regulations.

Sharing of Consumer Health Data to Third Parties or Affiliates

We may share each of the categories of Consumer Health Data described above with your affirmative, voluntary consent, to the extent necessary to provide a product or service that you requested, or as required or authorized by law. 

“Share” under the NV CHDP means to release, disclose, disseminate, divulge, make available, provide access to, license, or otherwise communicate Consumer Health Data. We may share Consumer Health Data to the following categories of third parties and affiliates. The term “third party”, as used in this Nevada Health Privacy Notice, means a person who is not a consumer, an entity regulated under NV CHDP, a processor or an affiliate of an entity regulated under NV CHDP.

• Advertisers and advertising networks; 

• Business partners; 

• Affiliates of Curology; 

• Social media companies; and 

• Internet cookie information recipients, such as analytics and behavioral advertising services

Exercising Your Health Data Rights

Health Data Subjects have the following rights under NV CHDP:

• The right to confirm whether Consumer Health Data is collected, shared, or sold;

• The right to delete Consumer Health Data;

• The right to opt out of the collecting, selling, or sharing of Consumer Health Data;

• The right to obtain a list a list of all third parties with whom Consumer Health Data; has been shared or sold;

• The right to appeal our decisions on requests to exercise any of these rights.

If you are a Health Data Subject, you can submit a request to exercise your rights under NV CHDP by sending an email to [email protected] or [email protected] with the subject line “Health Privacy Rights Request” or by visiting our online portal at https://app.withagency.com/information-request. You may submit a rights request, free of charge, up to two times per year.

To protect your privacy, we may need to authenticate your identity before we respond to your rights request. All Consumer Requests must provide sufficient information that allows us to reasonably verify you are the individual about whom we collected the Consumer Health Data or that you are a person authorized to make a request on behalf of the individual about whom we collected the Consumer Health Data. This may include: (1) filling out the interactive webform; or (2) verifying one or more of the following: full first & last name; date of birth; shipping address on file; phone number; last 4 Digits of Credit Card; PayPal email account; guardian information; name of provider; last transaction charge; and/or any other appropriate individualized data point. You must also describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. 

If you do not complete the verification process, we may be unable to process your request. Any information you provide to authenticate your identity will only be used to process your rights request and not for any other purpose. If you have a password-protected online account with us, we may require you to submit your rights request securely through that account. Please be aware that we do not accept or process rights requests submitted through other means not outlined in this Nevada Health Privacy Notice.

We will respond to your rights request within 45 days, though in certain cases we may inform you that we will need up to another 45 days to act on your request. If we suspect fraudulent or malicious activity, we will delay taking action on your request until we can appropriately verify your identity and the request as authentic. If you believe our response to your rights request is insufficient, you can appeal our decision by submitting an appeal request via the same method used to submit your initial request, and we will inform you of our final decision within 45 days.

We reserve the right to charge a reasonable fee or take other appropriate action in response to requests from a Health Data Subject that are manifestly unfounded, excessive, or repetitive.

If you believe any of your Consumer Health Data is inaccurate or incomplete, or you would like to review and request changes to any of your Consumer Health Data, you may review and correct or make changes to some Consumer Health Data about yourself by logging into your online account with us and visiting your “Account Details” page or you may submit a request by emailing us at [email protected] or [email protected]. 

Sales of Consumer Health Data

NV CHDP defines a “sale” as the exchange of Consumer Health Data for money or other valuable consideration, excluding exchange (i) to a third party as an asset that is part of a merger, acquisition, bankruptcy, or other transaction through which the third party assumes control of all or part of our assets; (ii) by us to a processor when such exchange is consistent with the purpose for which the Consumer Health Data was collected and disclosed to the consumer; (iii) with a third party for the purpose of providing a product or service you requested; (iv) by us to an affiliate; (v) as directed by you or if you are intentionally using us to interact with and disclose Consumer Health Data to a third party; or (vi) if you intentionally made the Consumer Health Data available to the general public through mass media in a manner that was not restricted to a specific audience. As required by law, we only sell Consumer Health Data after we have obtained a valid, written authorization from the Health Data Subject(s) whose Consumer Health Data is involved in the sale. If you have previously authorized us to sell your Consumer Health Data, you can revoke that authorization at any time by following the instructions listed on your original authorization. If you do not have your original authorization, you can contact us at [email protected] for information on how to revoke your authorization. 

Third-Party Collection 

A third party may collect Consumer Health Data over time and across different Internet websites or online services when you use any Internet website or online service of Curology. However, we do not knowingly permit third parties to collect Consumer Health Data from you while you are on webpages that are made available after you log in to the password-protected part of our website. 

We do not control the collection and use of your information collected by third parties. These third parties may aggregate the information they collect with information from their other customers for their own purposes. You can opt out of third parties collecting your information for targeted advertising purposes in the United States by visiting the National Advertising Initiative's (NAI) opt-out page and the Digital Advertising Alliance's (DAA) opt-out page.

You may also see certain ads on other websites because we participate in advertising networks. Ad networks allow us to target our messaging to users through demographic, interest-based, and contextual means. These networks track your online activities over time by collecting information through automated means, including through the use of cookies, web server logs, and web beacons. The networks use this information to show you advertisements that may be tailored to your individual interests.

Changes to this Nevada Health Privacy Notice

We reserve the right to amend this Nevada Health Privacy Notice at our discretion and at any time. When we make material changes to this Nevada Health Privacy Notice, we will post the updated version on our website and update the effective date. Your continued use of our website and services following the posting of changes constitutes your acceptance of such changes.

Contact Us

If you have any questions or concerns regarding this Nevada Health Privacy Notice, contact us at [email protected].