ChoicePlans - Privacy Policy

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Privacy Policy

This Privacy Policy (“Privacy Policy”) describes the data protection practices of the Choice Plans Inc. and its assigns and/or affiliates, (collectively, “ChoicePlans,” “we,” “our,” or “us”), including when you visit any ChoicePlans website or other media that links to this Privacy Policy (collectively, our “Websites”), use any affiliated mobile applications (the “Apps”) that link to or contain this Privacy Policy, or otherwise provide data to ChoicePlans. We refer to the Websites, Apps, and other media or services provided by ChoicePlans together in this Privacy Policy as the “Services.” This Privacy Policy is incorporated into our Terms of Use as if fully restated therein. All capitalized terms used in this Privacy Policy but not defined herein have the meanings assigned to them in the Terms of Use. In the event of a conflict in the interpretation of defined terms in either this Privacy Policy or the Terms of Use, the Terms of Use definition shall control.

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR INFORMATION. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES.

THE INFORMATION WE COLLECT AND THE SOURCES OF SUCH INFORMATION

We obtain information about you though the means discussed below when you use the Services. Please note that we will obtain from you certain types of personal information so that we can provide the Services. If you choose not to provide us with such information, or if you ask us to delete your information, we may no longer be able to provide you with access or use of part or all of our Services.

1. Information You Provide to Us

We will collect a variety of information that you will provide directly to us or which information will be provided by your employer. For example, we collect information about you through:

Account and Product details for registration and administration of your account;

Processing your orders and requests for care;

Questions, communications, or feedback you submit to us via forms or email;

Your participation in research, trials and surveys;

Requests for customer support and technical assistance, including through online chat functionalities;

Uploads or posts to the Services; and

Such other sources essential to the proper administration of our Services.

The specific types of information we collect will depend upon the Services you use, how you use them, and the information you choose to provide. The types of data we collect directly from you may include, in whole or in part:

Name, address, telephone number, date of birth, and email address;

Information about your employment and payroll including tax data and dependent data;

Information about your medical conditions, treatment options, physician referrals, lifestyle and personal preferences, prescriptions, and lab results or other related health information, such as your physical and emotional characteristics;

Log-in credentials, if you create an account;

Billing information, such as shipping address, credit or debit card number, verification number, expiration date, and identity verification information (e.g., driver’s license or other identifier), collected by our payment processors on our behalf;

Information about purchases or other transactions with us;

Information about your customer service and maintenance interactions with us;

Demographic information such as your gender, race/ethnicity, and age, and similar information in connection with the Services;

Information about others, such as family or friend’s email contact information to allow access to your information or name them as an emergency contact;

User-generated content you post in public online forums on our Services;

Any other information you choose to directly provide to us in connection with your use of the Services; and

Such other information as directly obtained or obtained incidentally associated with your use of Services and/or the administration of your Services.

2. Information We Collect through Automated Means

We collect certain information about your use of the Services and the devices you use to access the Services, as described in this Section. As discussed further below, we and our service providers (which also includes third party companies that work on our behalf), may use a variety of technologies, including cookies, SDKs, and similar tools, to assist in collecting this information and managing the Services.

Our Websites. When you use our Websites, we collect and analyze information such as your IP address, browser types, browser language, operating system, the state or country from which you accessed the Services, software and hardware attributes (including device IDs) referring and exit pages and URLs, platform type, the number of clicks, files you download, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the terms you use in searches on our sites, the date and time you used the Services, error logs, and other similar information.

Our Apps. When you use our Apps, we automatically receive certain information about the mobile phone, tablet, or computer used to access the Apps, including a mobile device identifier, advertising identifiers (in accordance with your device settings), IP address, operating system, version, Internet service provider, browser type, domain name and other similar information, whether and when you update the Apps, date and time of use, and how you use the Apps, including time spent in different portions of the Apps.

Location Information. When you use the Services, we and our third-party service providers may automatically collect general location information (e.g., IP address, city/state and or postal code associated with an IP address) from your computer or mobile device. This information allows us to enable access to content that varies based on a user’s general location (e.g., to provide you with accurate sales tax information and to deliver content customized to your location and personal needs).

We will ask your permission before collecting your precise GPS location information. In such instances, we will use your precise geo-location information to provide customized services, content, promotional offers and other information that may be of interest to you. If you no longer wish for us and our service providers to collect and use GPS location information, you may disable the location features on your device. Please see your device manufacturer settings.

Our Use of Cookies and Similar Online Tools. To collect the information discussed in this Section, we and our third-party service providers use web server logs, cookies, tags, SDKs, tracking pixels, and other similar tracking technologies. We use these technologies to offer you a more tailored user experience and to provide the best Services experience that we can.

A web server log is a file where website activity is stored;

An SDK is a set of tools and/or code that we embed in our Apps and software to allow third parties to collect information about how users interact with the Services;

A cookie is a small text file that is placed on your computer or mobile device when you visit a site, that enables us to: (i) recognize your computer/device; (ii) store your preferences and settings; (iii) understand the parts of the Services you have visited and used; (iv), enhance your user experience by delivering and measuring the effectiveness of content and advertising tailored to your interests; (v) perform searches and analytics; and (vi) assist with security and administrative functions; and,

Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads and/or email that are designed to: (1) collect usage information like ad impressions or clicks and email open rates; (2) measure popularity of the Services and associated advertising; and (3) access user cookies.

As we adopt additional technologies, we may also gather information through other methods.

Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information. Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Services.

3. Information We Collect From Social Media and Other Content Platforms

When you “like” or “follow” us on Facebook, Instagram, Twitter/X, or other social media sites, we may collect some information from you including your name, email address, and any comments or content you post relevant to us. We also collect your information if you sign up for one of our promotions or submit information to us through social media sites. There is other information collected incidental to the social media sites used by you, most of which information we have no dominion or control over.

If you access the Services through a third-party connection or log-in (e.g., through a social network or third-party authentication tool), you may allow us to have access to and store certain information from such third parties depending on your settings on such services. If you do not wish to have this information shared, do not use these connections to access the Services. Your use of these third-party connections amounts to your consent to our access and accessibility of such information. For a description of how these third parties handle your information, please refer to their privacy policies and terms of use, which may permit you to modify your privacy settings.

Similarly, if you choose to connect your App to third-party platforms or tools, or with other apps on your device (e.g., health or fitness monitoring platforms or tools, or your contacts, photos, food logging or calendar), such third parties and tools may allow us to have access to and store additional information as it relates to your use of the Services (e.g., to integrate your fitness data within the Services or access your calendar to help you schedule an appointment). Your use of these Apps or related platforms amounts to your consent to our access and accessibility of such information. If you do not wish to have this information shared, do not initiate these connections.

4. Information We Receive From Other Sources

We work closely with third parties (including, for example, third party intermediaries, such as the physicians, medical professionals, pharmacies, and other professional services companies with whom we partner to provide you with the Services and their health care or other services, sub-contractors in technical, advertising networks, analytics providers, and search information providers). Such third parties will sometimes provide us with additional information about you.

PURPOSES FOR HOW WE USE YOUR INFORMATION

In connection to providing you with the Services, we may use your information for our business purposes to, in part:

Carry out, improve, and manage the Services and, as applicable, facilitate the provision of health care services to you by physicians or other health care providers and ensure that the physicians or health care providers have the services and support necessary for health care operations;

Engage in internal research to understand the effectiveness of our Services, improve our Services, and better understand our user base. If we publish or provide the results of this research to others, such research will be presented in a de-identified and aggregate form such that individual users cannot be identified;

Communicate with you about the Services, your use of the Services, or your inquiries related to the Services and send you communications on behalf of physicians or other health care providers utilizing the Services to meet your needs;

Communicate with you by email, postal mail, or phone about surveys, promotions, special events or our Products and Services and those of our subsidiaries, affiliates, and parent companies and any of their related businesses and those of our third-party partners;

Provide you with technical support and customer service, and troubleshoot any technical issues or errors;

Verify your identity and administer your account, including Processing your payments and fulfilling your orders;

Ensure that content from our Services is presented in the most effective manner for you and for your computer or device, allow you to participate in interactive features of our Services (when you choose to do so), and as part of our efforts to keep our Services safe and secure;

Provide you with more relevant advertisements and personalized content, and measure or understand the effectiveness of advertising and content we serve to you and others, and to deliver and customize relevant advertising and content to you;

Help us better understand your interests and needs, such as by engaging in analysis and research regarding use of the Services;

Comply in good faith with any procedures, laws, and regulations which apply to us where it is necessary for our legitimate interests or the legitimate interests of others;

Establish, exercise, or defend our legal rights where it is necessary for our legitimate interests or the legitimate interests of others, such as protecting against malicious, fraudulent, or illegal activity; and,

Such other uses as we shall deem prudent to provide you with the best Service possible and also improve operations related to the Services provided.

Combined Information. For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use and share such combined information in accordance with this Privacy Policy.

Aggregate/De-Identified Data. We may aggregate and/or de-identify any information collected through the Services so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De- Identified Information for any purpose, including for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors.

ONLINE ANALYTICS AND ADVERTISING

1. Online Analytics

We may use third-party web analytics services (such as, but not limited to, those of Google Analytics (including Google Signals, Google User-ID, and other Google Analytics features) and MixPanel) on our Services to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; try to locate the same unique users across multiple browsers or devices to better tailor services and features; and provide certain features to you. If you have a Google account with personalized advertising enabled, through Google Signals, Google will also be able to gather for us analytics and engagement information from across the various devices you use to access the Services. To prevent Google from using your information for analytics (including cross-device tracking for personalization purposes), you may install the Google Analytics Opt-out Browser Add- on if desired, And to opt out of Google Signals, please open your “Settings” app, locate and tap “Google,” select “Ads,” and turn ON “Opt out of Ads Personalization.” You may also be able to disable cross-device tracking through your Android or Apple device- based settings.

If you receive an email from us, we may use certain analytics tools, such as clear GIFs to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.

2. Online Advertising

The Services may integrate third-party advertising technologies (e.g., ad networks and ad servers such as, but not limited to, Facebook, Google Ad Words, TikTok, and others) that use cookies, pixels, and other technologies to deliver relevant content and advertising for ChoicePlans Products on the Services, as well as on other websites you visit and other applications you use. The ads may be based on various factors such as the content of the page you are visiting, information you enter such as your searches, demographic data, and other information we collect from you. These ads may be based on your current activity or your activity over time and across other websites and online services.

We sometimes provide our customer information (such as, but not limited to, email addresses) to service providers, who may “match” this information in de-identified form to cookies (or mobile ad identifiers) and other proprietary IDs, in order to provide you with more relevant ads when you visit other websites and mobile applications.

3. Mobile Advertising

When using mobile applications from us or others, you may also receive tailored in- application advertisements. We may use third-party service providers to deliver advertisements on mobile applications or for mobile application analytics. Each operating system, iOS for Apple phones, Android for Android devices, and Windows for Microsoft devices provides its own instructions on how to prevent the delivery of tailored in-application advertisements. We do not control how the applicable platform operator allows you to control receiving personalized in-application advertisements; thus, you should contact the platform provider for further details on opting out of tailored in- application advertisements. You may review the support materials and/or the device settings for the respective operating systems to opt-out of tailored in-app advertisements.

4. Notice Concerning Do Not Track

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for third party purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals.

HOW WE SHARE AND DISCLOSE YOUR INFORMATION

We may share your information for our business purposes in the following ways:

Affiliates and Subsidiaries. We may share information we collect within any ChoicePlans member or group (i.e., our subsidiaries and affiliates, including our holding company and its subsidiaries or such other entities as we deem necessary.) to deliver Products and Services to you, ensure a consistent level of service across our Products and Services, and enhance our Products, services, and your customer experience;

Health Care Providers and Services. We may share your information with health care providers: (i) to schedule and fulfill appointments and provide health care services as part of the Services, (ii) to whom you send messages through our Services, and (iii) for other treatment, payment or health care operations purposes, including, but not limited to, pharmacy services, upon your request or use of our Services;

Service Providers. We provide access to or share your information with third parties who use the information to perform services on our behalf. Such providers may offer a variety of services to us, including, but not limited to, billing, sales, marketing, advertising, analytics, research, customer service, shipping and fulfillment, data storage, IT and security, fraud prevention, payment Processing, and auditing and legal services. These entities may also include health care organizations, pharmacies, and other third parties we use to support our business or in connection with the administration and support of the Services;

Advertising Networks. Please see the “Online Advertising” section above for details about how we share information with advertising partners;

Protection of ChoicePlans and Others. By using the Services, you acknowledge, consent, and agree that we may access, retain and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process (e.g. a subpoena or court order); (b) enforce our Terms of Use, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; and/or (e) protect the rights, property or personal safety of ChoicePlans, its agents and affiliates, its users and/or the public. Your consent includes, but is not limited to, exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes which may include other entities ancillary to the Services provided;

Business Transfers. As we continue to develop our business, we may buy, merge, or partner with other companies. In such situations, (including in contemplation of such transactions) user information may be among the transferred assets. If a portion or all of our assets are sold or transferred to a third-party, all customer information (including your email address) would likely be one of the transferred business assets. If such transfer is subject to additional mandatory restrictions under applicable laws, we will comply with such restrictions;

Public Forums. Certain features of our Services may make it possible for you to share comments publicly with other users. Any information that you submit or receive through such features is not confidential or otherwise protected, and we may use the information for any purpose (including in testimonials or other marketing materials). For example, if you submit a Product review on one of our sites, we may display your review (along with the name provided, if any) on other ChoicePlans websites and on third-party websites. Any information you post in a Public Forum in these ways will be available to the public at large and potentially accessible through third-party search engines. Accordingly, please take care when using these features;

Consent. We may also disclose your information in other ways you direct us to and when we have your consent;

Aggregate/De-Identified Information. We reserve the rights to create Aggregate/De- Identified Data from the information we collect through the Services and our sharing of such Aggregate/De-Identified Data is in our discretion; and,

Ancillary Use/Disclosure. We may use or disclose your information ancillary to our operations or to provide the Services. Such use is authorized hereunder as part of your use of our Services.

YOUR MARKETING CHOICES

You may instruct us not to use your contact information to contact you by email, postal mail, or phone regarding Products, Services, promotions and special events that might appeal to your interests by contacting us using the information below. In commercial email messages, you can also opt out by following the instructions located at the bottom of such emails. Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Policy or as required by applicable law. For example, you may not opt out of certain operational emails, such as those reflecting our relationship or transactions with you. Regardless of your marketing choices, we may contact you as in such ways as we deem necessary as part of our providing the Services to you.

THIRD PARTY SERVICES AND NOTICE ABOUT HEALTH INFORMATION

This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices, including data privacy and security process and standards of any third parties, including, but not limited to, physicians and other health care providers using the Services, the manufacturer of your mobile device and other IT hardware and software, and any other third party mobile application, website, or service to which our Services may contain a link. These third parties may at times gather information from or about you. We have no control over the privacy practices of these third parties or other entities ancillary to ourselves or any third party. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party or ancillary party websites or services, and not this Privacy Policy. We urge you to read the privacy and security policies of these third parties.

HOW WE PROTECT YOUR INFORMATION

We use a variety of technical and organizational security measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. However, no method of transmission over the Internet, and no means of electronic or physical storage, is absolutely secure or fail- safe. As such, you acknowledge, accept and assume the risk that we do not guarantee or warrant the security of your information transmitted to, through, or as part of your use of our Services. You acknowledge, accept and assume the risk that any information you provide to us via the Internet or by any other means is subject to inadvertent disclosure or hacking activities. Where we have given you (or where you have chosen) a password that enables you to access the Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone, and that you use good password protection practices as part of your use of our Services. The information you share in public areas may be viewed by any user of the Services.

PRIVACY INFORMATION FOR CALIFORNIA RESIDENTS

If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).

Categories of personal information we collect and disclose. Throughout this Policy, we discuss in detail the specific pieces of personal information we collect from and about our users. Under the CCPA, we are also required to provide you with the “categories” of personal information we collect and the categories of third parties to which we disclose personal information. Please note that some of the information we collect through the Services (e.g., medical information), is subject to various health data privacy laws, and is therefore not subject to the CCPA. See the following chart to understand more about the categories of personal information we collect that are subject to the CCPA and the third parties to which we disclose it:

Category: Identifiers and contact information (e.g., name, address, email address, account names); Disclosed to: Service providers; our affiliates; health care providers and services; entities for legal and fraud prevention.

Category: Commercial and transactional information (e.g., information about your purchases); Disclosed to: Service providers; our affiliates; health care providers and services; entities for legal and fraud prevention.

Category: Financial information (e.g., credit card info collected by our payment processors); Disclosed to: Payment processors; service providers; our affiliates; entities for legal and fraud prevention.

Category: Internet or other network or device activity (e.g., IP address, browsing history, app usage); Disclosed to: Service providers; our affiliates; entities for legal and fraud prevention.

Category: Geolocation information (e.g., general location and precise location, with your permission); Disclosed to: Service providers; our affiliates; entities for legal and fraud prevention.

Category: Demographic and statistical data (e.g., your gender, interests based on Products and services you use); Disclosed to: Service providers; our affiliates; entities for legal and fraud prevention.

Category: User-generated content (e.g., information you choose to post in our online forums); Disclosed to: Service providers; our affiliates; entities for legal and fraud prevention.

Category: Customer service data (e.g., information you provide through a chat or call with ChoicePlans’s Care Team); Disclosed to: Service providers; our affiliates; health care providers and services; entities for legal and fraud prevention.

The business purposes for which we use the personal information we collect are: manage, facilitate, and improve the Services; research, marketing, and analytics; communicate with users; technical support and customer service; security and fraud prevention; legal compliance and defense; and for such other purposes deemed necessary for us to provide the Services. For more detailed information about how we use and share your personal information, please see the “Purposes for How We Use Your Information” and “How We Share and Disclose Your Information” sections of this Policy above.

Your California Privacy Rights

CCPA Rights Disclosure. If you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request us to:

Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information;

Provide access to and/or a copy of certain information we hold about you; and,

Delete certain information we have about you.

The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights.

Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide the Services to you. We also will take reasonable steps to verify your identity before responding to a request.

If you are a California resident and you would like to exercise any of your data rights under California law, please contact us. Please include your full name, email address and residential address associated with your use of our Services, along with the rights you would like to exercise, so that we can process your request in an efficient manner. If you would like to receive a copy of your medical record in connection with your request, please indicate that in your email message. By requesting your medical record in this way, you are agreeing to receive your medical record in an unencrypted email message.

Sale of Personal Information. The CCPA requires companies that “sell” (as defined in the CCPA) your personal information to provide you with notice and an opportunity to opt out. ChoicePlans has not sold (and will not sell) information collected on you such as your name, email address, phone number, or postal address. Like many companies with an internet presence, we do work with third parties that provide marketing and advertising services to us, including interest-based advertising services, and these third parties may place tags, pixels, cookies, beacons, and other similar tracking mechanisms on our Website and App and collect your online identifiers. Because of the CCPA’s broad definitions of “sale” and “personal information,” making certain online identifiers available to these companies so that they can provide marketing and advertising services to ChoicePlans may be considered a “sale” under the CCPA . To opt out of sharing your information with participating third parties for interest-based advertising, please visit the Network Advertising Initiative’s Consumer Opt-Out link, the Digital Advertising Alliance’s Consumer Opt-Out link, or Your Online Choices. Please note that these opt-outs are device and browser based, so you will need to opt out on each of your devices and browsers. For more information, see the Online Analytics and Advertising Section above.

Shine the Light Disclosure. The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.

PRIVACY INFORMATION FOR NEVADA RESIDENTS

Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration (as such terms are defined under Nevada law) to a person for that person to license or sell such information to additional persons. We do not engage in such activity; however, if you are a Nevada resident who has purchased services from us, you may submit a request to opt out of any potential future sales under Nevada law by contacting us directly to opt out. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.

RETENTION OF YOUR INFORMATION

We keep your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.

CONSENT TO OUR PRIVACY POLICY

Your signing up for or use of our Services shall serve as your express consent to be bound by the terms and provisions hereof and the same shall serve as an acknowledgement of the entirety of this Privacy Policy. Your consent to this Privacy Policy, and any revisions thereof, shall be inherent in your signing up for or use of our Services. If you disagree with any provision hereof, your only remedy is to not sign up for or use our Services.

REVISIONS TO OUR PRIVACY POLICY

We reserve the right to change this Privacy Policy at any time to reflect changes in the law, our data collection and use practices, the features of our Services, or advances in technology. We will make the revised Privacy Policy accessible through the Services, so you should review it periodically. The date this Privacy Policy was last revised is identified at the top of the document. You are responsible for periodically monitoring and reviewing any updates to the Privacy Policy. If we make a material change to the Privacy Policy, we will provide you with appropriate notice in accordance with legal requirements. Your continued use of our Websites or Apps after such amendments (and notice, where applicable) will be deemed your acknowledgment of these changes to this Privacy Policy.

CONTACTING US

If you have any questions about this Privacy Policy or ChoicePlans’s privacy practices, please contact us at:

ChoicePlans Inc. 6101 Enterprise Park Drive Suite 801 Chattanooga, TN 37416