PRIVACY POLICY

Introduction

Health Shift Corp. (“Company”, “we” or “us”) takes your privacy seriously and is committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you and our practices for collecting, using, maintaining, protecting, storing, and processing the personal information of users of our telehealth physical therapy services (the “Services”) in the United States.

The Services are offered through our website, www.healthshiftai.com, collectively with all associated websites linked or which we may link to www.healthshiftai.com in the future by us and our affiliates, the “Site”). This policy also applies to Services that may be offered through our mobile website and any current or future mobile applications, any affiliated social media pages we may create on Facebook, Twitter, YouTube, LinkedIn, Pinterest, Instagram, GooglePlus, and other present and future electronic and digital means of communication we may employ (collectively, the “Digital Properties”). Unless otherwise specified, references to the “Site” include any software that the Company provides to you that allows you to access the Site from a mobile device.

At present, Company operates online but only for Illinois residents. If we expand to other jurisdictions, we will update this privacy policy to address any additional requirements.

Capitalized terms not defined herein have the definition given to them in our Terms and Conditions.

This policy applies to information we collect:

• On the Site.
• In email, text, and other electronic messages between you and us, whether directly or through the Site.
• During virtual consultations with our Health Care Professionals in connection with the provision of the Services.
• When you create your User Account.
• Through mobile and desktop applications you download from the Site, which provide dedicated non-browser-based interaction between you and us.

This policy does not apply to information collected by:

• Us offline (except as noted above) or through any other means, including on any other website operated by the Company or any third party.
• Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Site.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Services. By accessing or using our Services, you agree to this privacy policy. This policy may change from time to time as described herein. Your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. See terms and conditions for important information on creating a User Account.

COPPA/Children Under the Age of 13

The Site and Digital Properties are not intended for use by children under 13 years of age. No one under age 13 may provide any personal information to or on the Site or Digital Properties. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the Site or Digital Properties or through any of its features, register on the Site or Digital Properties, make any purchases through the Site or Digital Properties, use any interactive or public comment features of the Site or Digital Properties, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at our website.

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your California Privacy Rights for more information.

Children Under the Age of 18

Except as set forth in our Terms and Conditions, the Site and the Services are not intended for use by children under the age of 18. No one under the age of 18 may provide any information to or on the Site. We do not knowingly collect personal information from children under the age of 18. If you are under 18, do not use or provide any information on this Site or on or through any of its features. If we learn we have collected or received personal information from a child under 18 without verification of consent of such child's parent or legal guardian, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at tjonesdpt@healthshift.org.

Notwithstanding the foregoing, the parent or legal guardian of a child aged 13 to 18 years may create a User Account on behalf of the child, provided that the parent or legal guardian assumes full responsibility for the User Account and for the interpretation and use of any information provided through the Site or the Services. The parent or legal guardian agrees to supervise the child's use of the Site and/or the Services. Once a child reaches the age of 18, his or her personal information becomes the child's to control, and the parent or legal guardian will no longer have the ability to control such child's User Account.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Services. We collect such information from you, from your use of the Services, when you visit the Site, and from certain third-party sources. By using the Services and visiting the Site, you agree that we can collect and use your information as described in this policy. Information we collect includes:

• Information by which you may be personally identified, such as your first and last name, postal address, email address, telephone number, IP address, browser type, date of birth, account information, such as usernames and passwords, usage data, device identifying information, or any other identifier by which you may be contacted online or offline (“personal information”).
• Other information required to be shared with us when creating your User Account.
• Payment information, including your name, address, email address, phone number, credit or debit card information and other billing information.
• Professional and/or employment-related information, such as the name of your employer, company, and other professional or employment information you provide to us.
• Mental and physical condition information, such as height, weight, general health, feelings of pain and fatigue, exercise patterns, personal motivations, information about current injuries or health conditions, information about past injuries or health conditions, information about pregnancies and childbirth, and feelings of anxiety or depression.
• Communications with the Company, including with our Health Care Professionals.
• Information other than that described above that is about you but does not individually identify you.
• Information about your internet connection, the equipment you use to access the Services, and usage details.

We collect this information:

• Directly from you when you provide it to us.
• Automatically as you navigate through the Site. Information collected automatically may include usage details, IP addresses, and information collected through cookies and web beacons.

Information You Provide to Us

The information we collect on or through the Site may include:

• Information that you provide by filling in forms. This includes information provided at the time of registering to use our Services through the creation of a User Account. We may also ask you for information when you report a problem with our Site.
• Information that you provide within your User Account.
• Records and copies of your correspondence (including email addresses) if you contact us or provide us with Feedback.
• Details of your use of the Services, including records of appointments.

Information We Collect from Other Sources

We may combine or compare data we have collected from you with information collected from a third party in connection with your use of the Site and the Services, including:

• In connection with your treatment, medical records from your past, current, and future health care providers, which may include past or present diagnoses, previous treatments, general health information, test results and reports, family history of illness or disease, and records of communications related to your health.
• Information available about you from third-party service providers to improve the Services, such as identifying health factors related to your treatment to better tailor the Services to you.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with the Site, we may use automatic data collection technologies to collect certain information about your equipment browsing actions, and patterns, including:

• Internet and other electronic activity data, such as the name of the domain and host from which you access the internet, the browser software you use and your operating system, the date and time you access the Site, how often you access the Site and the Services, and the internet address of the website from which you directly linked to the Site. We also use some of this information to analyze trends, administer the Site, gather demographic information about our user base, deliver advertising, perform research, provide technical and customer support, inform our product development efforts, protect our legal rights, address disputes, and prevent the Services from being used to commit harmful or unlawful activities, including fraud. Some of this information may also be collected so that when you use the Site again, we will be able to recognize you and optimize your experience accordingly.
• Information about how the Site and the Services are performing when you use them, such as service-related diagnostic and performance information, which may include log files, timestamps, diagnostic or crash data, Site performance logs and error messages or reports.
• Identifiers or geolocation data, such as IP addresses.
• Data from tracking technologies, such as information from cookies, web beacons, tags, or other tracking technologies.

The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Services and to deliver a better and more personalized service, including by enabling us to:

• Store information about your preferences, allowing us to customize our Services according to your individual needs.
• Recognize you when you return to the Site.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of the Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Site. Browser cookies may include the following types of cookies:
  • Strictly necessary cookies, which are cookies that are essential to use the Site. These cookies do not gather information about you for marketing purposes. They are essential for the Site to work and cannot be disabled.
  • Functional or preference cookies, which may be used to remember your choices so that we can tailor the Site to provide you with enhanced features and personalized content, such as remembering your name or preferences on the Site. We do not use functional cookies for marketing purposes. These cookies can be disabled, but this may result in less functionality during your use of the Site.
  • Performance or analytic cookies, which collect passive information about how you use the Site or Digital Properties, including webpages you visit and links you click. We may use the information collected by such cookies to improve and optimize the Site, but we do not use such cookies to target you through online marketing. You may disable these cookies.
  • Targeting or advertising cookies, which are used to drive online advertising that is relevant to you by building a picture of what you are interested in based off of your use of the internet. These cookies remember that you have visited a website, and this information may be shared with other organizations or advertisers. We may use these cookies in limited circumstances associated with public-facing pages on the Site.
• Flash Cookies. Certain features of the Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Site. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
• Web Beacons. Pages of the Site may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

If you do not want to receive cookies, you can change your browser settings on your computer or other device you're using to access the Site. If you use the Site without changing your browser settings, or if you click the “Accept” button on the Site regarding cookies, we'll assume that you're happy to receive all cookies on the Site and that you have provided consent by such actions or conduct. Most browsers also provide functionality that lets you review and erase cookies, including cookies from the Site. Please note that the Site may not work properly without cookies.

Third-Party Use of Cookies

Content or applications, including any advertising, on the Site may served by third parties. These third parties may use cookies to collect information about you when you use the Site. The information they collect may be associated with your personal information, or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

How We Use Your Information

We may use information that we collect about you or that you provide to us, including personal information, for one or more of the following purposes:

• To provide, personalize, improve, update, and expand our Services, including, without limitation:
  • For product testing and development, data analysis, and survey purposes, and
  • For scientific, statistical, and historical research.
• To communicate with you about the Site and the Services, including, without limitation, Communications:
  • To respond to your inquiries and concerns,
  • To provide you with information or request action in response to technical, security, and other operational issues,
  • To provide customer support,
  • To follow-up with you regarding the enrollment process, and
  • To inform you about changes to the Site or the Services.
• To create de-identified information (for example, aggregated statistics) related to the use of the Services or for scientific or other research.
• To comply with laws and regulations, including to respond to law enforcement or governmental requests as required by applicable law, court order, or governmental regulation, and to monitor our compliance with such obligations.
• To protect the integrity and maintain the security of the Services.
• To enforce our Terms and Conditions.
• To allow you to participate in interactive features on the Site.
• For internal recordkeeping.
• To investigate, deter, and protect against fraudulent, unauthorized, or illegal activity.
• To fulfill any other purpose for which you provide the information.
• For any other purpose for which you provide consent or as disclosed to you when you provide the information to us.

The term “de-identified information” refers to information that is neither used, nor intended to be used, to identify an individual. We may use de-identified information without restriction and may share it with unaffiliated third parties.

Disclosure of Your Information

We do not disclose your information with third parties except as described in this policy or with your additional consent (if required).

We may disclose personal information that we collect or you provide as follows:

• To our subsidiaries and affiliates.
• To our employees on a need-to-know basis.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Service users is among the assets transferred.
• To fulfill the purpose for which you provide it.
• To our research partners if you provide us with express consent or if otherwise permitted by law. Research partners include commercial or non-profit organizations that conduct or support scientific research, the development of therapeutics, medical devices, or related material to treat, diagnose, or predict health conditions. A research partner or the Company may have a financial interest in the research arrangement.
• To your health care provides or other similar health care organizations as permitted by law or with your consent.
• From time to time, we may also need to share your information with professional advisers, including lawyers, auditors, bankers, insurers and consultants, in order to obtain advice or other professional services from them. Such advisers are bound by legal and/or contractual duties of confidentiality and other prohibitions against disclosure of personal information.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• For billing and collection purposes.
• To enforce or apply our Terms and Conditions.
• To investigate fraud.
• To protect the security or integrity of the Site and the Services.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.

Choices About How We Use and Disclosure Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
• Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt out by contacting us by emailing your request to tjonesdpt@healthshift.org.
• Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties' products or services, you can opt out by sending us an email stating your request to tjonesdpt@healthshift.org. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI's website.

How to Review, Modify, and Delete Personal Information

Some applicable laws provide individuals with specific privacy rights and you may have certain privacy rights with respect to the Personal Information we collect and maintain about you, such as the following:

Right to Know/Access

You may have a right to request access to your personal information and to be provided with a copy of certain information in a readily useable format, including:

• The categories of personal information we have collected about you.
• The categories of sources from which we have collected your personal information.
• Our business or commercial purpose for collecting that personal information.
• The categories of your personal information that we have shared with third parties.
• The categories of third parties with whom we share your personal information.
• The specific pieces of personal information we have collected about you.

Right to Modify

You may have a right to request that we modify the personal information we have collected and maintain about you. To request to modify your personal information, please email us at tjonesdpt@healthshift.org. We may request additional information from you to verify your identity and update your personal information per your request.

Right to Request Deletion

You may have the right to request that we delete the personal information that we have collected and maintain about you subject to applicable law. We may deny your request under certain circumstances, such as if we need your personal information to respond to your inquiries. If we deny your request for deletion, we will let you know the reason why. Unless otherwise prohibited by law, we reserve the right to maintain an electronic copy of your personal information in our backup systems.

Third Party Links on the Site or on Digital Properties

The Site and/or our Digital Properties may contain links to other third-party websites for your convenience. We are not responsible for the privacy policies and practices of third parties, and any information you submit to a third party is subject to their privacy policy. Once you leave the Site, or are otherwise redirected to a third-party website, application, or other online service, we encourage you to read the privacy policy applicable to that third party.

Opt-Out of Communications with the Company

You may opt-out of receiving promotional e-mail communication from us by sending us an email at tjonesdpt@healthshift.org, or by clicking the “unsubscribe” button at the bottom of our emails that we send to you. Please note that you will not be able to opt-out of transactional email communication, such as communication related to your account activities.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Site, such as your User Account, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet or other electronic method 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 us. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

Changes to Our Privacy Policy

We reserve the right to amend this privacy policy at our discretion and at any time. When we make changes to this privacy policy, we will post the updated notice on the Site and update the notice's effective date. Your continued use of the Site and/or the Services following the posting of changes constitutes your acceptance of such changes.

Privacy Rights Under State Law

Your California Privacy Rights

We do not sell, trade, or otherwise transfer your personal information to third parties except as expressly stated in this privacy policy. California Civil Code Section § 1798.83 permits California residents to request certain information regarding our use and disclosure of Personal Information to third parties. To make such a request, please send an e-mail to tjonesdpt@healthshift.org.

Further, the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (Cal. Civ. Code §§ 1798.100 to 1798.199) (“CCPA”), does not apply to us. If you have any questions or concerns about the CCPA or its non-applicability to us, please e-mail us at tjonesdpt@healthshift.org.

California “Shine the Light” Law

Separate from CCPA, California residents may, pursuant to California Civil Code Section 1798.83 (the California “Shine the Light” law), request certain information regarding our disclosure (if any) of personal information to third parties for their direct marketing purposes. To make such a request, please contact us, identify yourself as a California resident and provide sufficient information so we can take appropriate action, such as your name, email address or any additional information required.

Contact Information

To ask questions or to provide comments about this policy and our privacy practices, please contact us at tjonesdpt@healthshift.org.