Malecare Privacy Notice

Effective Date: October 8, 2016

Welcome! To help inform you, we provide this notice explaining our online information practices and the choices you can make about the collection and use of information you submit or we collect through our websites , , our related mobile application, Cancergraph, and our other services, (collectively, the “Site”). The Site is owned and operated by the nonprofit corporation Malecare, Inc. (“Malecare,” “we,” “our,” or “us”).

  1. Scope and Consent

When you use the Site, you are contracting with Malecare, which is located at Third Floor, 85 Delancey Street, New York, NY 10002. If you reside outside of the United States, Malecare is your data controller. By using the Site, US and EEA residents expressly consent to our collection, use, disclosure, transfer and retention of your personal information as described in this Privacy Notice.


  1. Information We Collect

You can browse the Site without telling us who you are or revealing any personal information about yourself.

  • Donations: If you choose to donate to us through our Site, you may give us your personal information, e.g., name, address, email, phone number and payment information.
  • In-Person Support Groups, Patient Action Leaders and other cancer survivor and treatment services: You may give us your personal information, e.g., name, address, email and whether you have been diagnosed with cancer, so we can provide you information about local cancer support opportunities, clinical trials, research opportunities, and other cancer survivor and caregiver advocacy, support and treatment opportunities and services.
  • Cancergraph Mobile App: You can enter your health information into the Cancergraph mobile app and use its features without telling us who you are – you may remain anonymous to us. If you choose to register an account through Cancergraph, you will be required to give us your email and password. If you register, you may also optionally provide information about yourself that benefits cancer research such as your city, state and country of residence, and your gender, race, sexual orientation, and date of birth. This information is combined with the health information you enter into Cancergraph.
    • Photos, Journal and Reports: Cancergraph allows you to document your symptoms and illness through photo and journal entry features. Photos and journal entries may be included in reports that you direct Cancergraph to generate and send to your doctor or other third party. You may use these features whether or not you register for an account. However, photos and journal entries may not be anonymous if you include information that can identify you, e.g., your name, address, or picture of your face.
    • Geolocation Information: When you use Cancergraph, with your consent, we may collect geo-location information for medical research purposes as set forth in Section 3 of this Privacy Notice.
  • Information to Respond to Your Requests: You may give us your personal information so we can send you newsletters and other communications you request. Details of how you can opt-out of receiving any communications from us are detailed in the section headed Your Choices
  • Mobile Information: We may collect additional information from you if you access our Site through a mobile device (e.g., your device’s operating system, unique device identifier, mobile carrier, location).
  • Technical Usage Information: When you visit our Site, we collect usage information sent to us by your computer, mobile, or other access device that tells us how you are using the Site (“usage information”). We may also collect password information from you when you log in, as well as computer and/or connection information. During some visits we may use software tools to measure and collect session information, including page response times, download errors, time spent on certain pages and page interaction information.

Our goal is to collect and use only that information that we think is required to support our services and for legitimate medical research purposes.

  1. How We Use Your Data
    • Operate Our Site: We use the information collected on our website to (i) process donations; (ii) respond to your questions and requests related to local cancer support groups, the Patient Action Leader Council and other services; and (iii) improve the Site. We use the information collected through Cancergraph to (i) connect you with potential clinical trials in your area; (ii) help you document your symptoms; (iii) generate reports that you choose to create and send to doctors or other third parties; (iv) give you other helpful information about cancer treatments and research; and (v) provide you with a customized experience.
    • Analyze and Aggregate Non-Personal Information: We use aggregate information about our users and non-personal information to analyze the website and user behavior and prepare aggregated reports. We remove your name, email address, password and unique device ID prior to sharing health information with research organizations that support cancer-related research.
    • Prevent Fraud: We use information from the Site to prevent, detect, and investigate fraud, potentially prohibited or illegal activities, and enforce our Terms of Use .
    • Communicate With You: We use your information to contact you to maintain the Site and your account, to comply with your stated communication preferences, to provide other services requested by you, as described at the time when we collect the information from you, to solicit donations to support Malecare, or contact you for other purposes authorized by law. If we use your information to promote our activities or solicit donations, you may object to the use of your information easily and free of charge, at the time of its collection and at the time of receipt of each such communication. We will not provide your information to third parties for marketing purposes without your prior consent. Details of how you can opt-out of receiving any communications from us are detailed in the section headed Your Choices
    • Ensure the Security of our Networks and information Systems: We use information from the Site to prevent, detect and investigate data security incidents and ensure business continuity.
  2. Disclosure

Information collected on the Site may be shared with:

  • Service Providers and Other Third-Parties: Service providers under contract who help operate our Site and assist us with our business operations. Third party providers perform services on our behalf based on our instructions. The third parties are not authorized by us to disclose the information except as necessary to perform services on our behalf or comply with legal requirements.
  • Other Entities with Your Consent: Other third-parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service, i.e., to cancer researchers, and research institutions). On the Site, you may have opportunities to express interest in or register for other services. If you do, we will provide information about you to those third-parties, or parties working on their behalf, to implement your request. You may also direct Cancergraph to generate and send a report of your symptoms, treatment and other health information to your doctor or other third party. If you ask us to send a report to one of your medical providers (or anyone else), your request will serve as your express authorization to share your medical information with the party whose contact information you provide.
  • Legal and Law Enforcement: Law enforcement, governmental agencies, or authorized third-parties, in response to a verified request relating to a criminal investigation or alleged illegal activity or any other activity that may expose us, you, or any other Malecare user to legal liability. In this regard, we may share your information with third parties in response to a subpoena, other legal process and/or as permitted by law. In such events, we will only disclose information relevant and necessary to the investigation or inquiry.
  • Change of Control – New Owners: We may share your information with other entities, should we plan to merge with or be acquired by that entity. Should such a combination occur, we will make reasonable efforts to ensure that the new combined entity complies with this Privacy Notice with respect to your personal information. If your personal information would be used contrary to this notice, we will request that the new owner provide you with prior notice.
  • Companies in The Mobile App Industry: If you access the Site through a mobile device, we may also share your information with carriers, operating systems and platforms as necessary for the operation of the Site.
  1. Your Choices

You may opt out of receiving email notifications from Malecare by following the unsubscribe instructions within the emails. Similarly, in Cancergraph, you may opt in/out of geo-location tracking and push notifications by changing your app’s settings. You may also delete your Cancergraph account by following the instructions in the app or by emailing us at . Note that deleting your account will not delete anonymized, aggregated data that we have collected for research purposes.


  1. Cookies and Tracking Technologies

When you visit our website, you may encounter tracking technologies/cookies from us or third-party service providers, such as Google Analytics, to assist us with various aspects of our Site operations and services, including to analyze the audience of the website and improve the website’s content. For more information about the cookies we collect and how you can opt out of such cookies, we invite you to consult our Cookies and Tracking Technologies Policy 

  1. Accessing, Reviewing, and Changing Your Personal Information

Registered members of Cancergraph can review and change their personal information and personal health information at any time by accessing their accounts on the app. To obtain the personal health information maintained in your account, you can also send yourself a report (which you can then print, e.g., from your browser). You should promptly update your personal information if it changes or becomes inaccurate. We may retain some information from closed accounts so that we can support research with your anonymized information, comply with law, prevent fraud, assist with investigations, resolve disputes, analyze, or troubleshoot programs, enforce our Terms of Use, or take other actions permitted by law. Likewise, if your account is terminated or suspended, we may maintain some information to prevent re-registration.

  1. Notice to California and European Economic Area Residents
    • Residents of the State of California may request a list of all third-parties to which our Site has disclosed certain personal information (as defined by California law) during the preceding year for those third-parties’ direct marketing purposes. If you are a California resident and want such a list, please contact us at . For all requests, you must put the statement “Your California Privacy Rights” in the body of your request, as well as your name, street address, city, state, and zip code. You need to attest to the fact that you are a California resident and provide a current California address for our response. Please note that we will only accept requests via email, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
    • How We Respond to Do Not Track Signals for California Residents: California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how Malecare responds to “Do Not Track” browser settings. Malecare does not currently take actions to respond to Do Not Track signals because a uniform technological standard has not yet been developed.
    • Notice to EEA Residents: If you are an EEA resident, you are entitled to request access to your personal information, to have your personal information corrected or erased or restricted, to withdraw consent you have provided to our processing of your personal information, including your consent to receive promotional emails from us and/or your consent to certain sharing of your personal information, to object at any time on legitimate grounds to our processing or your personal information, including profiling.

You may also request to exercise those rights by contacting us as set out in Section 14 of this Privacy Notice  below.

Please note that you also have the right under applicable data protection law to lodge a complaint about our processing of your personal information with a data protection supervisory authority.


  1. Third-Parties

Our website may contain links to other third-party websites. We are not responsible for the privacy practices or the content of these third-party sites.

  1. Security

We store and process your information on our servers located in the United States. We have implemented measures designed to secure your personal information from accidental loss, misuse, unauthorized access, disclosure, or alteration. All information you provide to us is stored on our servers behind firewalls. It is your responsibility to make sure that your personal information is accurate and that your password(s) and account registration information are secure and not shared with third-parties. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any security measures contained on the Site.

  1. Children’s Privacy

The Site is a general audience site and it is not intended for children under the age of 13. We do not knowingly collect personal information via our websites, applications, services, or tools from users in this age group.

  1. International Transfer

If you access the Site from outside the United States, your personal information may be processed in the United States where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. If you create an account, you consent to the collection and/or processing in the United States of your personal information and tracking technologies/cookies as described in this Privacy Notice.

  1. Notification Regarding Updates

From time to time, we may update this Privacy Notice. You agree that we may notify you about material changes in the way we treat personal information by placing a notice on the Site. You should check the Site frequently for updates.

  1. Contact Us

If your questions are not answered online, you may email us at