Privacy Policy & Terms of Use

Our company’s most important value is ‘Patients First’, which means that we are committed to protecting your privacy and we take great care with patient information. This policy will help you understand how we use and protect your data. If you have any questions, feel free to contact us at

1. Introduction

Upswing is committed to respecting the privacy rights of our customers, visitors, and other users of Upswing.com (the “Site”) and related websites, applications and services provided by Upswing and on/in which this Privacy Policy is posted or referenced (collectively, the “Services”). We created this Privacy Policy (“Privacy Policy”) to give you confidence as you use the Services and to demonstrate our commitment to the protection of privacy. This Privacy Policy is only applicable to the Services. This Privacy Policy does not apply to any other website or digital service that you may be able to access through the Services or any website or digital services of Upswing’s business partners, each of which may have data collection, storage and use practices and policies that may materially differ from this Privacy Policy. Your use of the Services is governed by this Privacy Policy. Any capitalized term used but not defined in this Privacy Policy shall have the meaning in the Agreement.

BY USING THE SERVICES, YOU AGREE TO THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY AND YOU HEREBY CONSENT TO THE COLLECTION, USE, AND SHARING OF YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, YOU CANNOT USE THE SERVICES. IF YOU USE THE SERVICES ON BEHALF OF SOMEONE ELSE (SUCH AS YOUR CHILD) OR AN ENTITY (SUCH AS YOUR EMPLOYER), YOU REPRESENT THAT YOU ARE AUTHORIZED BY SUCH INDIVIDUAL OR ENTITY TO ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF.

2. Information We Collect

2.1 Personal Information

2.1.1 Personal Information Generally

Some of the Services require us to know more about you so that we can best meet your needs. When you access these Services, we may ask you to voluntarily provide us certain information that personally identifies (or could be used to personally identify) you (“Personal Information”). Personal Information includes (but is not limited to) the following categories of information: (1) contact data (such as your e-mail address and phone number); (2) demographic data (such as your gender, your date of birth and your zip code). You may still access and use some of the Services if you choose not to provide us with any Personal Information, but the features of the Services that require your Personal Information will not be accessible to you.

2.1.2 Billing, Collection and Payment Information

2.1.2 Billing, Collection and Payment Information When you make a payment through our Services to a Healthcare Provider (as further described in and subject to other provisions of the Agreement), your payment card information is processed by our payment processing partner, 2Checkout (2Checkout). 2Checkout collects your voluntarily provided payment card information necessary to process your payment. 2Checkout’s use and storage of information it collects is governed by 2Checkout’s applicable terms of service and privacy policy. The information we store includes your payment card type and the last four digits of the payment card.

2.2 Traffic Data

We also may automatically collect certain data when you use the Services, such as (1) IP address; (2) domain server; (3) type of device(s) used to access the Services; (4) web browser(s) used to access the Services; (5) referring webpage or other source through which you accessed the Services; (6) geolocation information; and (7) other statistics and information associated with the interaction between your browser or device and the Services (collectively “Traffic Data”). Depending on applicable law, some Traffic Data may be Personal Information. We may also collect additional information, which may be Personal Information, as otherwise described to you at the point of collection or pursuant to your consent.

2.3 HIPAA and PHI

Under a federal law called the Health Insurance Portability and Accountability Act (“HIPAA”), some of the demographic, health and/or health-related information that Upswing collects as part of providing the Services may be considered “protected health information” or “PHI”. Specifically, when Upswing receives identifiable information about you from or on behalf of your Healthcare Providers, this information is PHI. HIPAA provides specific protections for the privacy and security of PHI and restricts how PHI is used and disclosed. Upswing may only use and disclose your PHI in the ways permitted by your Healthcare Provider(s). In addition, you have been or will be asked to e-sign the Upswing User Authorization (the “Upswing Authorization”). Your decision to e-sign the Upswing Authorization is entirely voluntary. If you choose to e-sign the Upswing Authorization, you agree that Upswing may use and disclose your PHI in the same way it uses and discloses your Personal Information that is not PHI. These uses and disclosures are described in this Privacy Policy. To the extent any provision in the Upswing Authorization is inconsistent with this Privacy Policy or other provisions of the Agreement, then the provision in the Upswing Authorization only controls with respect to your PHI. If you do not e-sign the Upswing Authorization, then your Personal Information that is not PHI is governed by this Privacy Policy and your Personal Information that is PHI is used and disclosed only as permitted by your Healthcare Provider(s).

3. How We Collect Information

We collect information (including Personal Information and Traffic Data) when you use and interact with the Services, and in some cases from third party sources. Such information includes:

• When you use the Services’ interactive tools and services, such as searching for Healthcare Providers, searching for available appointments with Healthcare Providers and completing medical history forms (“Medical History Forms”) prior to Healthcare Provider appointments.
• When you voluntarily provide information in free-form text boxes through the Services and through responses to surveys, questionnaires and the like.
• If you download and install certain applications and software we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Services, such as information that lets Upswing know when you are logged on and available to receive update or alert notices.
• If you download our mobile application, we may receive information about your location and mobile device.
• Through cookies, web beacons, website analytics services and other tracking technology (collectively, “Tracking Tools”), as described below.
• When you use the “Contact Us” function on the Site, send us an email or otherwise contact us..

4. Tracking Tools and “Do Not Track”

4.1. Tracking Tools

We may use tools outlined below in order to better understand users.

• provide you with the products, services and information you request and respond to correspondence that we receive from you.
• provide, maintain, administer or expand the Services, perform business analyses, or for other internal purposes to support, improve or enhance our business, the Services, and other products and services we offer.
• notify you about certain resources or Healthcare Providers we think you may be interested in learning more about.
• send you information about Upswing or our products or Services.
• contact you when necessary or requested, including to remind you of an upcoming appointment.
• customize and tailor your experience of the Services, which may include sending customized messages or showing you Sponsored Results that may be of interest to you based on information collected in accordance with this Privacy Policy.
• send emails and other communications that display content that we think will interest you and according to your preferences.
• combine information received from third parties with the information that we have from or about you and use the combined information for any of the purposes described in this Privacy Policy.
• use statistical information that we collect in any way permitted by law, including from third parties in connection with their commercial and marketing efforts.
• Prevent, detect and investigate security breaches and potentially illegal or prohibited activities.

5. Use of Information

We may use information that is neither Personal Information nor PHI (including non-PHI Personal Information that has been de-identified and/or aggregated) to better understand who uses Upswing and how we can deliver a better healthcare experience (for example, testing different kinds of emails has helped us understand when and how patients prefer to get Wellness Reminders for preventive care), or otherwise at our discretion.

6. Disclosure of Information

We may disclose certain information that we collect from you:

• We may share your Personal Information with Healthcare Providers with which you choose to schedule through the Services. For example, if you complete a Medical History Form using the Services in advance of an appointment, we may share your Medical History Form with your Healthcare Providers. You also may choose to store but not share your Medical History Form.
• We may share your Personal Information with your Healthcare Providers to enable them to refer you to and make appointments with other Healthcare Providers on your behalf or to perform analyses on potential health issues or treatments, provided that you choose to use the applicable Services.
• We may share your Personal Information with Healthcare Providers in the event of an emergency.
• We may also share your Personal Information with organizations that collect, aggregate and organize your information so they can make it more easily accessible to your Healthcare Providers.
• We do not sell email addresses to third parties. We may share your email address with our business partners to enable them to help Upswing customize our advertising.
• We may share your Personal Information and Traffic Data with our business partners who perform core operational services (such as hosting, billing, fulfillment, data storage, security, insurance verification, or Website analytics set forth in Section 4.1 (Tracking Tools)) and/or by making certain features available to our users.
• For the purposes of determining eligibility and cost-sharing obligations, and otherwise obtaining benefit plan information, we may share with the insurance provider you identify to us (via our business partners) your insurance-related Personal Information.
• We may transfer your information to another company in connection with a merger, sale, acquisition or other change of ownership or control by or of Upswing (whether in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.

We also may need to disclose your Personal Information or any other information we collect about you if we determine in good faith that such disclosure is needed to: (1) comply with applicable law, regulation, court order or other legal process; (2) protect the rights, property or safety of Upswing or another party; (3) enforce the Agreement or other agreements with you; or (4) respond to claims that any posting or other content violates third-party rights.

We may disclose information that is neither Personal Information nor PHI (including non-PHI Personal Information that has been de-identified and/or aggregated) at our discretion.

We store and process your information on our servers in the United States and abroad. We maintain industry standard backup and archival systems.

7. Public Information

Any information that you may reveal in a review posting or online discussion or forum is intentionally open to the public and is not in any way private. We recommend that you carefully consider whether to disclose any Personal Information in any public posting or forum. What you have written may be seen and/or collected by third parties and may be used by others in ways we are unable to control or predict.

8. Storage and Security of Information

The security of your Personal Information is important to us. We endeavor to follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and in storage. For example, when you enter sensitive information on our Site, we encrypt that information using secure socket layer technology.

Although we make good faith efforts to store Personal Information in a secure operating environment that is not open to the public, we do not and cannot guarantee the security of your Personal Information. If we become aware that your Personal Information has been disclosed in a manner not in accordance with this Privacy Policy, we will use reasonable efforts to notify you of the nature and extent of the disclosure (to the extent we know that information) as soon as reasonably possible and as permitted or required by law.

9. Controlling Your Personal Information

If you are a registered user of the Services, you can modify some of the Personal Information you have included in your profile or change your username by logging in and accessing your account. If you wish to close your account, please email us at info@Upswing.com. Upswing will delete your account and the related information at your request as soon as reasonably possible. Please note, however, that Upswing reserves the right to retain information from closed accounts, including to comply with law, prevent fraud, resolve disputes, enforce the Agreement and take other actions permitted by law. You must promptly notify us if any of your account data is lost, stolen or used without permission.

10. Information Provided by or on Behalf of Children

The Services are not intended for use by children and children are prohibited from using the Services. Upswing does not knowingly collect any information from children, nor are the Services directed to children.

By accessing, using and/or submitting information to or through the Services, you represent that you are not younger than age 13. If we learn that we have received any information directly from a child under age 13 without his/her parent’s written consent, we will use that information only to respond directly to that child (or his/her parent or legal guardian) to inform the child that he/she cannot use the Services and subsequently we will delete that information.

If you are between age thirteen (13) and the age of majority in your place of residence, you may use the Services only with the consent of or under the supervision of your parent or legal guardian. If you are a parent or legal guardian of a minor child, you may, in compliance with the Agreement, use the Services on behalf of such minor child. Any information that you provide us while using the Services on behalf of your minor child will be treated as Personal Information as otherwise provided herein.

11. Links to Other Websites

The Services contain links to third party websites with which Upswing has no affiliation. A link to a non-Upswing website does not mean that we endorse that website, the quality or accuracy of information presented on the non-Upswing website or the persons or entities associated with the non- Upswing website. If you decide to visit a third party website, you are subject to the privacy policy of the third party website as applicable and we are not responsible for the policies and practices of the third party website. We encourage you to ask questions before you disclose your information to others.

12. Updates and Changes to Privacy Policy

The effective date of this Privacy Policy is set forth at the top of this webpage. We will notify you of any material change by posting notice on this webpage. Your continued use of the Services after the effective date constitutes your acceptance of the amended Privacy Policy. We encourage you to periodically review this page for the latest information on our privacy practices. The amended Privacy Policy supersedes all previous versions. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS PRIVACY POLICY, YOU MUST STOP USING THE SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES.