Privacy Policy

Last updated September 16, 2024

�鶹ֱ��. and its affiliates and subsidiaries (“Aya”) is committed to protecting your online privacy while providing you with a useful and enjoyable web experience. This Privacy Policy outlines how Aya collects, uses, discloses, and protects the information collected about our business contacts and about visitors and users of the websites, portals, mobile applications or pages owned or operated by Aya that do not have a separate privacy policy (collectively, “Aya Sites” or “Sites”). These Aya sites include, but are not limited to ayahealthcare.com, my.ayahealthcare.com, lotusone.com, ayaeducation.com, shifts.com, bespokeworkforce.com, qualivis.com, symmetrymsp.com, or vayaworkforce.com. This Privacy Policy does not apply to Personal Information collected by Aya through the DocCafe Marketing Tools or any job boards.

On the Aya Sites, we respect the privacy and the confidentiality of your information, particularly your Personal Information. “Personal Information” is information that identifies you or can reasonably be linked to you. Personal Information does not include any information that is available publicly or that has been anonymized.

Overview

Although we, or a designated service provider, may collect certain information from you as discussed below, please be reassured of the following:

We will not disclose the Personal Information you provide to us through the Aya Sites except as described in this Privacy Policy.
We will give you the opportunity to access and correct your Personal Information at any time as required by applicable laws.
Unless you ask us not to, we may use your Information to contact you via email, text message, phone, or otherwise, regarding our services or changes to this Privacy Policy.

Categories of Personal Information We Collect and How We Use and Disclose it

Visitors to the Aya Sites

We may collect the following categories of Personal Information for visitors to our Sites:

Information collected from you (e.g., your name, form of address or salutation, address, telephone number, email address, or contents of written communications between you and Aya);
Information automatically collected from your browser (e.g., your browser type, operating system type or mobile device model, viewed webpages, links that are clicked, keystrokes typed, movement of the mouse or pointer, IP address, mobile device identifier or other unique identifier, sites or apps visited before coming to our website, downloads, activity reflecting outreach to others on the platform, the amount of time you spend viewing or using the website, the number of times you return, or other click-stream or site usage data, emails we send that you open, forward, or click through to our website);
Information automatically collected from your device and internet network (e.g., your internet service provider, your internet protocol or IP address domain names of the computers you use to visit our Sites, your operating system and browser used; the type of handheld or mobile device used, such as laptop or smart phone; log files, URIs (Uniform Resource Identifiers) of the resources requested, the time of the request, the method used to submit the request to the server, the size of the file obtained in reply, the numerical status code of the server reply (successful, error, etc.) and other parameters concerning the user’s operating system and computer environment; and/or device cookie settings and other device details, such as MAC address);
Any other personal information that you elect to share with us; and
Inferences drawn from the information identified above or collected from our technology’s interaction with your browser or devices and cookies or related technology tracking the pages you visit (e.g., to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, and aptitudes).

The Personal Information we collect and process is based on our legitimate business interests. Through disclosure to our service providers and advertising partners, Aya may use the Personal Information we collect from our website users:

To manage and administer our Sites’ features, programs, and services;
To enable the communication through technical service providers;
To tailor your experience on our website, including as a way to recognize you and welcome you to the website, to provide you with customized content, and to show you content and offers that we think you might be interested in;
To inform you about other services and products that may be available through us, our affiliated companies, and our marketing partners;
To make sure our website works properly with your device and make sure you can see and use our intended website on the device you are using, including by creating a “session replay” of your visit to our site;
To comply with applicable legal and regulatory requests and obligations (including investigations);
To establish or defend legal claims and allegations;
For security or the prevention, detection, or investigation of fraud, suspected or actual illegal activity, violations of company policy or rules, or other misconduct; and
To seek advice from lawyers, auditors, and other professional advisers.

Business Contacts

If we receive your Personal Information in the form of contact details from business events, for example as part of a business appointment (e.g., by exchanging business cards) or as part of any other form of collaboration, we may use your contact and business details to maintain our business contacts. For this purpose, we may transfer your contact details to our internal database.

The processing activity may include the following categories of Personal Information:

Your contact information (e.g., name, title, form of address or salutation, address, gender, telephone numbers, email address); and
Details on your profession (e.g., job title, position, personnel number, place of work, branch office, department, qualifications).

Such business contacts could also be easily processed in our marketing and other email communications with you, and they may be kept in typical business software, either centrally or on the electronic devices of our employees. We do not sell or share the personal information of our business contacts. California residents do have the privacy rights listed in the California section and can exercise them as listed below.

Cookies and Tracking Tools

We may use technology to automatically obtain information about you, your devices, your browsing patterns, and your website usage activity, when you visit or use the Aya Sites. This information helps Aya work correctly and supports our marketing and analytics efforts. This information includes, but is not limited to, your device type; device settings; Internet browser information; operating system information; IP address; mobile device identifiers; software version; phone model; phone operating system; mobile phone carrier information; geolocation data; the date, time and length of your stay or use of the Aya Sites; your interactions with Aya; the referring website, specific pages accessed, and other actions you take when using the Aya Sites; and other information as described above in the “Collection and Use of Information” section of this Privacy Policy.

We and third-party ad technology providers may collect this information over time and across different websites and online services through the use of tracking tools, including cookies, web beacons, clear GIFs, pixels, device identifiers, and other online information-gathering tools. The information collected from tracking tools may be transmitted to the third-party providers of those tools. We also use and share the information collected from tracking tools and automated technologies as set forth in the “Collection and Use of Information” section of this Privacy Policy.

Aya may use session or persistent cookies to collect and store data about your preferences and navigation to, from, and on the Aya Sites. These cookies may be ours or they may be third-party cookies from one or more of our vendors or service providers. Session cookies are used to complete transactions and for other purposes such as counting visits to certain webpages. Session cookies are eliminated when you exit your browser. Persistent cookies may be stored on your computer by your browser. When you log in, persistent cookies tell us if you have visited the Aya Sites before or if you are a new visitor.

Third-party cookies are installed by third parties with the aim of collecting certain information from web users to carry out research into, for example, behavior, demographics, or spending habits. They are commonly used by advertisers who want to ensure that products and services are marketed towards the right target audience.

Most browsers automatically accept cookies. Depending on the sites capabilities, you may be able to disable this function, but disabling cookies may impact your use and enjoyment of the Aya Sites, or you may not be able to proceed with using the website without accepting the use of Cookies. For example, if you reject all cookies, you may not be able to use the Aya services that require you to “sign in.” As set forth above, we, our service providers, and our business partners may use cookies and other tracking tools to collect information about individuals’ online activities over time and across third-party websites when an individual uses the Aya Sites.

Due to the automatic collection of data using cookies, we do not currently respond to “do not track” requests. As noted below, we are working towards enabling Global Privacy Control (GPC).

Data Security

Security is a top priority for us. We exercise great care in providing secure transmission of your Personal Information from your Internet connection to our secure servers, as well as in handling the Information offline by limiting access to authorized personnel. Aya and its service providers use commercially reasonable technical and organizational measures to help secure all Personal Information against loss, misuse, and alteration. While we cannot guarantee it, we use industry-standard protections to help safeguard against such occurrences. If a breach of our systems occurs, we will notify you of the breach where required under applicable law. You understand that no data transmission over the internet or a mobile device can be guaranteed to be 100% secure, that you provide Personal Information at your own risk, and that we will not be held liable should a third party illegally obtain your Personal Information. Our policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond our control, and is not to be applied in any manner contrary to applicable law or governmental regulation.

Minors

Aya does not knowingly offer or sell products or services for children. We do not knowingly collect personally identifiable information from individuals under the age of 18. If you are under the age of 18, you must not use the Aya Sites or provide us with your name, e-mail address, or any other identifying information. You, or a parent or guardian of a minor, may ask us to remove certain content or information by emailing us at [email protected].

Third-Party Content and Websites

Aya may provide links to third-party websites. Since we do not control third-party sites and are not responsible for any information you may provide while on such sites, you should read the privacy policies on those websites for information on how they handle your Personal Information.

Your Choices About Your Information

Opting Out

If at any time you object to our use of your Personal Information, including use of your email address for marketing or other similar purposes, you may stop that use by emailing your request to [email protected] or unsubscribing using the link located at the bottom of our marketing emails. Please include “Unsubscribe” in the Subject line of your email. Residents of California, Colorado, Connecticut, Virginia, and Utah should review “Your State Privacy Rights” below for information about additional rights they may have.

Your State Privacy Rights

If you are a resident of California, Colorado, Connecticut, Delaware, Iowa, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah, or Virginia, the law in those states may provide you with the following rights with respect to your Personal Information:

Your California Privacy Rights

The right to know what Personal Information we have collected, used, disclosed, and sold about you, including the categories of Personal Information, the categories of sources from which the Personal Information is collected, the business or commercial purpose for collecting, selling, or sharing Personal Information, the categories of third parties to whom we disclose Personal Information, and the specific pieces of Personal Information we have collected about you.
The right to correct inaccuracies in your Personal Information, taking into account the nature of the Personal Information and the purposes of the processing.
The right to request that we delete any Personal Information we have about you.
The right to opt out of the selling or sharing of your Personal Information, which you can exercise by contacting us at [email protected], at (866) 327-6976, or by modifying your privacy preferences (e.g., Global Privacy Control), available through certain internet browsers and extensions, that signal your preference to opt out. Please note that clearing your cookies at any time will remove the signal of your selected privacy preferences.

In addition, and as set forth below, California law requires us to identify, for the 12-month period prior to the date of this Privacy Policy, what information we may have “sold” or “shared” about you. For the 12-month period prior to the date of this Privacy Policy, we have only sold or shared Personal Information about you as described above. We do not use or disclose Sensitive Personal Information, as defined in applicable laws, for any purposes other than those permitted by applicable law.

Opt-Out Preference Signals: We are working towards enabling Global Privacy Control (GPC) as an additional way for you to submit a request to opt out of the sale and sharing of your Personal Information through browsers and/or browser extensions that support such a signal. Until then, you can opt out of the use of third-party cookies for personalized advertising by setting your cookie preferences on on your browser or by submitting a request as discussed below.
This Privacy Policy describes how we may share your information for marketing purposes, as described above. If you are a California resident, the Shine the Light law permits you to request and obtain from us once per calendar year information about any of your Personal Information shared with third parties for their own direct marketing purposes, including the categories of information and the names and addresses of those businesses with which we have shared such information. To request this information and for any other questions about our privacy practices and compliance with California law, please contact us as described in the “Contact Us” section below.

Submitting a Request

To submit any of the above requests, you may call us at (866) 327-6976 or email us at [email protected]. You may also designate an authorized agent to make a request on your behalf. When you exercise these rights and submit a request to us, using various methods, which may include asking you to log in to your account. We also may use a third-party verification provider to verify your identity. We will endeavor to honor such requests unless such a request conflicts with certain lawful exemptions under California’s consumer privacy law. Please note that we are only required to honor requests to know twice in a 12-month period.

We do not discriminate against California residents who exercise any of their rights described in our Privacy Policy. Your exercise of these rights will have no adverse effect on the accessibility, availability, and quality of our goods or services.

Privacy Rights for Residents of Colorado, Connecticut, Oregon, Texas, and Virginia; Montana (starting October 1, 2024); Delaware, Nebraska, and New Hampshire (starting January 1, 2025); New Jersey (starting January 15, 2025); Tennessee and Minnesota (starting July 1 and 31, 2025, respectively); and Maryland (starting October 1, 2025)

The right to confirm whether we process your Personal Information and access your Personal Information.
The right to correct inaccuracies in your Personal Information, taking into account the nature of the Personal Information and the purposes of the processing.
The right to delete Personal Information we have about you.
The right to opt out of the processing of your Personal Information for purposes of targeted advertising, the sale of Personal Information, and/or profiling in furtherance of decisions that produce legal or similarly significant effects.
The right to obtain a copy of Personal Information we have obtained about you in a portable and, to the extent technically feasible, readily usable format.
If we deny your request, the right to appeal our decision.

Submitting a Request

To submit any of the above requests, you may call us at (866) 327-6976 or email us at [email protected]. When you exercise these rights and submit a request to us, we will verify your identity using various methods, which may include asking you to log in to your account. We may also use a third-party verification provider to verify your identity. We will endeavor to honor such requests unless such a request conflicts with certain lawful exemptions under your state’s consumer privacy law.

The fact that you have elected to exercise these rights will have no adverse effect on the price and quality of our products or services.

To appeal a decision we have made regarding your request, you may contact us at [email protected] or at (866) 327-6976. We will respond to appeals within the timeframe required by your state’s law.

Privacy Rights for Residents of Utah and of Iowa (starting January 1, 2025)

The right to confirm whether we process your Personal Information and access your Personal Information.
The right to delete Personal Information we have about you.
The right to opt out of the processing of your Personal Information for purposes of targeted advertising and/or the sale of Personal Information.
The right to obtain a copy of the Personal Information you have previously provided to us in a portable and, to the extent technically feasible, readily usable format.

Submitting a Request

The fact that you have elected to exercise these rights will have no adverse effect on the price and quality of our products or services.

Data Retention

We will retain your personal data for as long as needed or permitted in light of the purposes for which it was obtained. The criteria used to determine our retention periods include: (a) the length of time we have an ongoing relationship with our Customers and provide services, (b) whether there is a legal obligation to which we are subject, and (c) whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

Modifications to this Privacy Policy

Aya reserves the right to revise, amend, or modify this Privacy Policy at any time. Any changes to our Privacy Policy will be posted on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

Contact Us

If you have any questions or concerns regarding this Privacy Policy or use of your Personal Information, you may contact us at (866) 327-6976, [email protected], or at the address below:

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Attention: Legal
5930 Cornerstone Court West, Suite 300
San Diego, CA 92121