Privacy Policy

Res-Care, Inc., d/b/a BrightSpring Health Services, and its subsidiaries and affiliates, including Embrace Hospice (collectively “Company” or “We”), respect your privacy and are committed to protecting it through our compliance with this website privacy policy (“Privacy Policy”). This Privacy Policy describes how we collect Personal Information (defined below) and data during users’ of our Services (“you”) interactions with the services provided by Company in the United States. Specifically, this Privacy Policy describes how we collect, use, and disclose your Personal Information when you:

• Access and use any of our websites, including www.BrightSpringHealth.com and www.EmbraceHospiceLLC.com (the “Websites”).
• Make use of any of our services, use our websites, register for an account, subscribe to our communications, register for our events, send us a message, or otherwise access or use the various content, features, and other services offered by us through our Websites (collectively, the “Services”).

By using the Services, you consent to this Privacy Notice and agree that we may collect, use, retain, share, transfer, and otherwise process your Personal Information as described in this Privacy Policy.

This Privacy Policy is subject to our Terms of Use, which is available via a link on the bottom of the homepages of our websites. This Privacy Policy also provides information about your rights and how you can contact us to exercise those rights or ask questions about the manner in which we have handled your information.

Please read our Privacy Policy carefully to get a clear understanding of how we collect, use, maintain, protect, disclose, or otherwise handle your information on the Website. By visiting our Websites, you are consenting to our collection, use, and disclosure of your information as described in this Privacy Policy. From time to time, we may modify this Privacy Policy in our sole discretion by posting a revised policy on the Websites. We will post a notice on the homepage of our Websites to notify visitors of any material change to this Privacy Policy. You are expected to check this page each time you visit any of the Websites so you are aware of any changes, as they are binding on you.

Information to which this Privacy Policy Applies

When providing our Services, Company may collect data, including Personal Information, about you. “Personal Information” means information that can reasonably be linked to a particular individual or household or as otherwise defined by applicable data protection laws. The Personal Information we may collect depends on your level of engagement with the Services.

HOW WE COLLECT INFORMATION

We may collect Personal Information from a variety of sources, including directly from you and your interactions with our Services. We may also obtain information about you from other sources, including through third-party services.

TYPES OF PERSONAL INFORMATION WE MAY COLLECT:

Identifiers. We may collect identifiers when you voluntarily provide them to us. These include:

• First and last name
• Phone number
• Email
• Information from communications
  • We collect information you provide to us in communications, such as through customer support or our chat services
• Any other identifiers you provide to us

Technical Information. We collect technical-related Personal Information when you use the Websites or our Services, including:

• Date and time of your use of the Site or Services
• Names of requested files
• Pages from which any files are requested
• Information about how you use the Services
• Location of your devices
• Full IP address of devices used to access the Services
• Access status of any relevant files (file transferred, file not found, etc.)
• Type and version of browser and operating system used to access the Site or Services
• Quantity of data transferred
• Wi-Fi network information

Payment Information. Payment information via credit card is collected by our contracted distributors. BrightSpring does not collect or store credit or debit card payment information. We may collect ACH information when you provide it to us.

How We Collect Information

We collect this information in the following ways:

• Directly from you when you voluntarily provide it to us; and
• Automatically when you navigate through the Websites (g., information collected through cookies).

Information That You Provide Voluntarily

We may collect PII information which you submit voluntarily to us. We collect this information directly from you when you provide it to us, such as, for example, when you provide the information:

• On the Websites contact form.
• When you subscribe to a newsletter on the Websites.
• When you otherwise submit it to us, such as when you send us your resume.
• We may also ask you for information when you report a problem on our Websites.

Site Cookie and Other Tracking Technology Usage & Policy

We may use first party and third-party cookies on our Websites. “First party cookies” are deployed by us, and “third party cookies” are deployed by our third-party partners.  Use of our Websites could generate the following types of cookies:

• “Necessary” cookies, which are cookies that are necessary for the Websites to function properly. Some of the following actions can be performed by using these cookies:
  • Storing articles in a shopping cart for online purchases
  • Saving your cookie preferences for the Site
  • Saving language preferences
  • Logging in to our portal. We need to check whether you are logged in.
• “Performance” cookies, which are cookies that are used to gather statistical information about the use of the Websites, also called analytics cookies. We use this data for performance and Website optimization.
• “Functional” cookies, which enable more functionality for our Websites visitors. These cookies can be set by us or our external service providers. The following functionalities may or may not be activated when you accept this category:
  • Live chat services
  • Online videos
  • Social media sharing buttons
  • Logins to the Websites with social media
• “Advertising” or “Tracking” cookies, which are cookies are set by external advertising partners and are used for profiling and tracking data across multiple websites. If you accept these cookies, we may show our advertisements on other websites based on your user profile and preferences. These cookies also save data about how many visitors have seen or clicked on our advertisements in order to optimize advertising campaigns.
• “Unclassified” cookies, which are cookies that are still in the classification process. They will show up in one of the following categories: Necessary, Performance, Functional, or Advertising.

Cookies stay on your device for different periods of time depending on the type of cookie that is placed. These include:

• Session cookies. We use session cookies, which are temporary cookies that remain on your device until you leave our Websites.
• Persistent cookies. We also use persistent cookies, which remain on your device for a longer period of time to remember your preferences.

Pixel Tracking. In addition to using cookies, the Websites may employ “pixel tracking,” such as LinkedIn Insight Tag, a common process which may be used in connection with advertisements on other websites. Pixel tracking involves the use of pixel tags that are not visible to the user and consist of a few lines of computer code. Pixel tracking measures the effectiveness of advertisements and compiles aggregate and specific usage statistics. A “pixel tag” is an invisible tag placed on certain pages of the Websites that is used to track an individual user’s activity. We may access these pixel tags to identify activity and interests that may allow us to better match our Services with your interests and needs. For example, if you visit our Websites from an advertisement on a third-party site or service, the pixel tag will allow the advertiser to track that its advertisement brought you to the Websites. If you use our Websites, and we link you to a third party’s site or services, we also may be able to determine that you were sent to and/or transacted with the third-party’s site or services. This data is collected for use in our marketing, research, and other activities.

Google Analytics. We use, and/or some of our third-party service providers may use, Google Analytics or other analytics services to help us understand the use of our Websites. Google Analytics is a web analysis service provided by Google. Google utilizes data it collects to track and examine the use of our Websites and to prepare reports on the activities occurring on the Websites, and share them with other Google services. Google may use the Personal Information collected to contextualize and personalize the ads of its own advertising network. The Personal Information collected and processed may include cookies, usage data, and other internet information.

Global Privacy Control

Certain U.S. state residents may opt out of tracking technologies by broadcasting an opt-out preference signal, such as the Global Privacy Control (“GPC”) (on the browsers and/or browser extensions that support such a signal). To download and use a browser supporting the GPC browser signal, click here: https://globalprivacycontrol.org/orgs. If you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use. If this signal is employed while visiting our website, we will stop data sharing immediately.

HOW WE USE PERSONAL INFORMATION

We do not sell visitors’ PII. We may use and/or disclose PII we collect about you as follows:

• To present the Websites and their contents to you;
• To provide you with information, products, and/or services that you request from us. For example, when you complete and submit the Contact Us form, we only use that information to respond to your inquiry.  By submitting this information to us, you consent to our use of the information to respond to your request.  If you complete and submit the Contact Us form for information about a particular service, we will use the information you submit to provide you with that information.
• To fulfill any other purpose for which you provide PII.
• To our contractors and/or vendors, but only for the reason(s) for which you submitted the information to our Websites. These contractors and/or vendors are bound by contractual obligations to keep PII confidential and only use it for the purpose for which we disclose it to them.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
• To enforce or apply our Website Terms of Use.
• To comply with any court order, law, legal process, to respond to any government or regulatory request, and/or to protect or defend our interests or the interests of users of our Websites.
• If we believe that disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some of all of our assets, whether as a going concern or as part of a bankruptcy proceeding, liquidation, or similar proceeding, in which the information, if any, that we hold about the users of our Websites is among the assets transferred.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

BrightSpring may use Personal Information for a variety of purposes, including:

• Manage our business and provide our Services. BrightSpring may use Personal Information to facilitate usage of the Services, improve our Services, engage in research, and as otherwise needed to manage our business.
• Communicate. BrightSpring may use Personal Information to communicate important business information, including delivering notices to you about the use of our Services or otherwise relating to our Services. We also use Personal Information to respond to your queries and to requests from our business partners.

• Protect our business. BrightSpring may use Personal Information to protect against fraud, unauthorized transactions, and other risks or liabilities, and to secure our Services by identifying potential hackers and unauthorized users.
• Ensure security and efficiency and comply with the law. We may use Personal Information for other purposes with your consent or where permitted by law, for example, to comply with applicable legal requirements, court orders, legal proceedings, document requests, industry standards, and our internal policies.

We may use the anonymized information we collect through cookies (e.g., anonymized web browser, operating systems, pages visited) to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

SHARING OR DISCLOSURE OF PERSONAL INFORMATION

We may share or disclose your Personal Information in the following ways and circumstances:

• When you consent. BrightSpring will not disclose your Personal Information to others without your consent, except as specified in this Privacy Notice.

• With our service providers and vendors. We may transfer all or a portion of your Personal Information to our service providers who help us deliver our Services to you and for the purposes described in this Privacy Notice. We require that all service providers and vendors follow our security standards and policies.
• For a merger, acquisition, change in ownership, or reorganization. Personal Information we have collected may be disclosed to a third party in the event of a merger, transfer of ownership or assets, bankruptcy, or other corporate reorganization of our company.
• For data analytics. We may share your Personal Information with analytics service providers who provide analysis of such Personal Information to us and to third parties.
• When we are legally permitted or required to do so. BrightSpring may disclose, without your prior consent, any Personal Information about you or your use of our Services, if we believe disclosure is necessary or required by law. For example, we may disclose Personal Information to:
  • Protect and defend the rights, property, or safety of BrightSpring, employees, other users of the Services, or the public;
  • Respond to a legally valid request from a competent governmental authority;
  • Respond to claims that any content violates the rights of third parties;
  • Correspond with law enforcement agencies, if we are required to do so; and
  • Satisfy any applicable law, regulation, or legal process.

DATA SECURITY AND RETENTION

We have implemented physical, technical, and administrative safeguards to protect the security of the PII that you submit to us through our Websites from accidental loss and unauthorized access, use, alteration, and disclosure. We will only retain PII for the length of time necessary to fulfill the purpose for which the PII was submitted or longer, if required by law. BrightSpring uses several criteria to determine how long we should keep categories of Personal Information. We may retain your Personal Information for the time period reasonably necessary to achieve the business purposes outlined in this Privacy Notice to the extent permitted by applicable law. BrightSpring is under no obligation to monitor or delete information uploaded to our Services by you or other users beyond the scope required by applicable laws.

Please understand that residual copies of Personal Information can be stored in locations or formats that make complete erasure extremely difficult. The best way to ensure you control your information is to give us only the Personal Information that you are completely comfortable sharing with us.

BrightSpring takes reasonable steps to secure your Personal Information. We maintain physical, electronic, and procedural safeguards to ensure that any Personal Information maintained is stored and processed responsibly. However, no internet transmission is ever fully secure, and we cannot guarantee that information transmitted via our Services will always remain confidential.

The security of the information we collect about you also depends on you. For example you are responsible for keeping any passwords related to all of these Websites confidential. The transmission of information via the Internet is not completely secure. We cannot guarantee the security of your PII when it is being transmitted to the Websites. Any information which you transmit to the Websites is at your own risk. We are not responsible for circumvention of any privacy setting or security measures contained on the Websites.

MINORS UNDER THE AGE OF 18

These Websites are not intended for minors under 18 years of age. No one under age 18 may provide any personal information on the Websites. We do not knowingly collect personal information from minors under 18 years of age. If you are under 18 years of age, do not use or provide any information on the Websites or on or through any of the features on the Websites or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name. If we learn that we have collected or received personal information from a child less than 18 years of age without verification of parental consent, we will delete that information. If you believe that we might have any information from or about a child less than 18 years of age, please contact our Chief Compliance Officer as follows:

Chief Compliance Officer
BrightSpring Health Services
805 N. Whittington Parkway
Louisville, Kentucky 40222
[email protected]
(502) 630-7431

YOUR PRIVACY RIGHTS

Rights under U.S. State Laws. Certain states in the U.S., including California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia provide (or will in the future provide) their state residents with rights related to their Personal Information.  Some such rights apply generally, but certain of such rights will only apply to a limited set of individuals or in limited circumstances, depending on a person’s jurisdiction of residence. To the extent that these laws apply, you may exercise the following rights: 

• Right to Know and Access Information. Note that much of the information you are entitled to know or access is disclosed in this Privacy Notice. With that said, you have the right to know about our Personal Information processing practices. You also have the right to know and access the categories of Personal Information we collect, with whom we share or sell that Personal Information, and, in some cases, what specific Personal Information we associate with you or your account. 
• Right to Data Portability. If you request a copy of your specific Personal Information, then we will provide it in an easily accessible format.
• Right to Deletion or Erasure. You may request that we delete the Personal Information we have collected about you. Depending on the applicable law, in some cases we are required or permitted to retain your Personal Information, even if you validly request that we delete or erase it. 
• Right to Correct Information. You may request that we correct or rectify any inaccuracy in the Personal Information that we have collected about you.
• Right to Opt-out of Targeting Advertising, Sales, or Profiling. You may opt-out of our use of your Personal Information for targeted advertising, sales, or profiling in furtherance of decisions that produce legal or similarly significant effects.

To exercise any privacy rights to which you are entitled under applicable law, contact us using the contact information provided within this Privacy Notice.

Appeal. If we deny your request relating to your Personal Information, you may have the right to request an appeal of our decision, depending on your state of residence. To initiate an appeal, follow the instructions provided in the communication denying your request, or contact us using the contact information provided in this Privacy Notice. 

Non-Discrimination. You may have the right not to experience discrimination by us for exercising the rights listed in this section, depending on your state of residence. What we mean by discrimination is denying you access to our Services or limiting the quality of our Services.

Email communications. You may control how you receive certain types of email communications by unsubscribing within the body of the communication. Note that some messages are required, including Service-related messages such as transaction confirmation messages, legal notices, or updates to which you may not opt-out.

Rights Under EU, Swiss, and UK Law. Those residing in the EU, UK, and Switzerland may benefit from a number of rights in relation to your information that we process. Some rights apply only in certain limited cases, depending on your location. Consistent with these laws, we give you options to access, edit, or remove certain information, as well as choices about how we contact you. Although some of these rights apply generally, certain rights will only apply to limited individuals or circumstances.

To the extent that these laws apply, you may exercise the following rights:

• Right to Access. Note that much of the information you are entitled to know or access is disclosed in this Privacy Notice. With this said, you have the right to know about our information practices. You also have the right to access the categories of data we collect, with whom we share or sell that information, and, in some cases, what specific Personal Information we associate with you or your account.
• Right to Rectification. You may request we correct or rectify inaccurate information we have collected about you.
• Right to Erasure. You may request that we delete the Personal Information we have collected about you. Depending on the applicable law, in some cases we are required or permitted to retain your information, even if you validly requested we delete or erase it.
• Right to Restrict Processing. If we process your information based on our legitimate interests as explained in this Privacy Notice, you may have the right to restrict processing in certain circumstances. 
• Right to Object. If we process your information based on our legitimate interests as explained in this Privacy Notice, or in the public interest, you can object to this processing in certain circumstances. Where we use your data for direct marketing purposes, you can always object using the unsubscribe link in such communications or changing your account settings.
• Right to Data Portability. If you request a copy of your specific information then we will provide it in an easily accessible format.
• Right to Lodge a Complaint. You may be entitled to lodge a complaint with your data privacy regulatory authority.

We generally process Personal Information of those residing in the European Union on the legal basis of our legitimate interests in performing the function or service you requested. Where appropriate, we may rely on alternate legal bases, such as your consent to certain types of processing. Where we process your Personal Information on the basis of consent, we will clearly obtain your opt-in consent.

CANADIAN PRIVACY RIGHTS

Pursuant to the Personal Information Protection and Electronic Documents Act, Canadian visitors to our Websites may also request an accounting of the third parties to whom personal information about them has been disclosed and the uses that have been made of their information.

LINKS TO THIRD-PARTY WEBSITES

This Privacy Notice applies only to our Services. Our Services may contain links to third party services including those that permit online transactions. We have no control over the privacy practices or the content of any of our business partners, advertisers, sponsors, or other third parties we link to from our Services. BrightSpring does not endorse, approve, or certify these other services, and we do not guarantee the accuracy, completeness, efficacy, or timeliness of the information contained on those services. You should check the applicable Privacy Notice of the applicable third-party service provider when linking to other services.

We seek to protect the integrity of our site and welcome any feedback about the third-party website links included on our Websites. You may provide such feedback via the Contact Us link on the homepages of our Websites.

HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (“HIPAA)

To the extent that any of the information we collect on our Websites constitutes Protected Health Information (“PHI”) under HIPAA, we will comply with the requirements of HIPAA and its implementing regulations. Please see our Notice of Privacy Practices for further information. The Notice of Privacy Practices will apply with respect to the use and disclosure of PHI to the extent that there is a difference between this Privacy Policy and our Notice of Privacy Practices.

CHANGES TO PRIVACY POLICY

We may update or change this Privacy Policy from time to time. We will post the changes on our Services and will indicate the effective date. Your continued use of Services after the changes are effective constitutes your acceptance of the Privacy Policy as so updated.

QUESTIONS, COMMENTS AND/OR COMPLAINTS CONCERNING OUR PRIVACY POLICY AND PRACTICES; AND ACCESS TO AND CORRECTION OF PII

If you have any questions, comments, or complaints regarding the Company’s Privacy Policy, or would like to request access to, correction of, or deletion of any PII that you have provided to us, please contact us as follows. We may not accommodate a request to change or delete information if we believe the change or deletion would violate any law or legal requirement or cause the information to be incorrect.

Chief Compliance Officer
BrightSpring Health Services
805 N. Whittington Parkway
Louisville, Kentucky 40222
[email protected]
(502) 630-7431