EOS Health Privacy Policy

This Privacy Policy (“Privacy Policy”) describes the data protection practices of EOS Health, LLC (collectively, “EOS Health,” “EOS,” “we,” “our,” or “us”), including when you visit any EOS Health website 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 EOS Health. We refer to the Websites, Apps, and other services provided by EOS Health together in this Privacy Policy as the “Services.” This Privacy Policy is incorporated into our Terms of Use. All capitalized terms used in this Privacy Policy but not defined herein have the meanings assigned to them in the Terms of Use.

If you are a California resident, please click here to see our Privacy Information for California Residents. If you are a resident of another U.S. state, you will find more information about our practices and your rights regarding your information below.

This Privacy Policy contains the following sections:

The Information We Collect and the Sources of Such Information

We obtain information about you through the means discussed below when you use the Services. Please note that we need certain types of information so that we can provide the Services to you. If you do not provide us with such information, or ask us to delete it, you may no longer be able to access or use part or all of our Services.

1. Information You Provide to Us

We collect a variety of information that you provide directly to us. For example, we collect information from you through:

• Account and product registration and administration of your account
• Processing your orders and requests for treatment, including orders and requests made by your provider in connection with your care
• Questions, communications, or feedback you submit to us via forms or email
• Your participation in research, surveys, contests, and sweepstakes
• Requests for customer support and technical assistance, including through online chat functionalities
• Uploads or posts to the 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 includes:

• Identifiers, such as name, address, telephone number, date of birth, and email address
• Billing information, such as shipping address, credit or debit card number, verification number, and expiration date, collected by our payment processors on our behalf
• Commercial information, such as information about purchases or other transactions with us, including information about your healthcare provider, if applicable
• Customer service information, such as information about your customer service and maintenance interactions with us
• Demographic information such as your gender, age, marital status, and similar information in connection with the Services
• Information you provide in Apps, such as videos (and in some cases the recordings of such videos), photos, and signatures
• General geolocation information, such as city, state, or zip code
• Information about others, such as if you provide a family or friend’s email address or 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 or disclose to other users or your healthcare providers
• Sensitive Personal Information (which we only collect and process in accordance with applicable law, as discussed further below):
  • Health information, such as information about your symptoms, medical history, lifestyle, prescriptions, mental health, drug or alcohol use, genetics, treatment options, and relevant physical characteristics (e.g., your height and weight) as well as medical photos you upload, lab results, and your insurance information
  • Information about your sex life and sexual orientation
  • Log-in credentials, if you create an account
  • Sensitive demographic data, such as race and ethnicity
  • Identity verification information (e.g. driver’s license or other government-issued ID card or number), and your signature (if required for notarization purposes)
  • Contents of communications made via the Services
• Any other information you choose to directly provide to us in connection with your use of the 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 (“usage information”). As discussed further below, we and our service providers (which are 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. In some instances, such information may be considered sensitive personal information, in which case we will only collect/process it in accordance with applicable legal requirements depending on your state of residence.

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.

Location Information. When you use the Services, we and our 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).

Our Use of Cookies and Similar Online Tools. To collect the information discussed in this Section, we and our 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 experience.

• 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.
• 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 (Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). 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. Use of Artificial Intelligence Technologies

EOS Health uses artificial intelligence (AI) technologies to enhance and improve our Services and users’ experiences. Specifically, we may use AI technologies for our legitimate business purposes to process the information we collect about you as described in this Privacy Policy to: personalize content and recommendations; improve the efficiency and accuracy of our Services; enhance customer support through AI-assisted responses; analyze patterns and trends to improve our products and services; and detect and prevent fraud or security risks. While AI assists in many processes, critical decisions regarding your health care always involve human oversight from qualified healthcare professionals.

The information we process through our use of AI systems is subject to the same data protection and security measures discussed in this Privacy Policy, including applicable data rights. In some cases, we may use third-party AI services. These services are subject to our vendor management processes, and we require them to adhere to appropriate data protection standards.

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

When you “like” or “follow” us on Facebook, Instagram, Twitter, or other social media platforms, 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 platforms.

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 disclosed, do not use these connections to access the Services. 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, 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). If you do not wish to have this information disclosed, do not initiate these connections.

5. Information We Receive From Other Sources

We work closely with third parties (including, for example, third party intermediaries, such as physicians, medical professionals, and pharmacies to provide you with the Services, as well as with advertising networks, analytics providers, marketing partners, 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 with providing you with the Services, we may use your information for the following business purposes:

• Provide and Manage the Services:
  • 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.
  • Provide you with technical support and customer service, and troubleshoot any technical issues or errors.
  • 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.
  • Verify your identity and administer your account, including processing your payments, fulfilling your orders, and verifying the authenticity of your government-issued identification photo.
• Analyze and Improve the Services:
  • 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.
  • 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.
  • Help us better understand your interests and needs, such as by engaging in analysis and research regarding use of the Services.
• Advertising and Marketing:
  • Communicate with you (in accordance with applicable legal requirements) 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 (in accordance with applicable legal requirements) 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.
• Legal Purposes:
  • 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.

If you want additional details about the purposes for which we use each category of information we collect from and about you, please click here.

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 disclose 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 disclose such data to any third parties, including advertisers, promotional partners, and sponsors. Once information has been aggregated/de-identified, we have a policy of not attempting to re-identify it, and if we disclose it to third parties, we also contractually prohibit them from attempting to re-identify it.

Online Analytics and Advertising

1. Online Analytics

We may use third-party web analytics services (such as those of Google Analytics — including Google Signals, Google User-ID, and other Google Analytics features — Metabase, Amplitude, 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, you may install the Google Analytics Opt-out Browser Add-on.

If you receive 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

In accordance with applicable legal requirements, the Services may integrate third-party advertising technologies (e.g., ad networks and ad servers such as Facebook, Google Ad Words, TikTok, Criteo and others) that use cookies, pixels, and other technologies to deliver relevant content and advertising for EOS Health products and research 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.

If you are interested in more information about tailored browser advertising and how you can generally control cookies, you may visit the Network Advertising Initiative’s Consumer Opt-Out link, the Digital Advertising Alliance’s Consumer Opt-Out link, or Your Online Choices. To opt out of Google Analytics for display advertising, visit the Google Ads Settings page. To update your advertising preferences with Facebook, click here. To update your advertising preferences with TikTok, click here. Please note that if you exercise the opt out choices above, you will still see advertising when you use the Services, but it will not be tailored to you based on your online behavior over time.

3. Mobile Advertising

When using our Apps 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. You should contact the platform provider for further details on opting out of tailored in-application advertisements.

How We Disclose Your Information

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

• Affiliates and Subsidiaries. We may disclose information we collect within any EOS member or group (i.e., our subsidiaries and affiliates, including our ultimate holding company and its subsidiaries) 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 disclose your information to 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 pharmacy services, upon your request.
• Service Providers. We provide access to or disclose your information to select third parties who use the information to perform services on our behalf. They provide a variety of services to us, including billing, content/service enhancements, partner labs, sales, marketing, advertising, analytics, research, customer service, shipping and fulfillment, data hosting and storage, IT and security, fraud prevention, payment processing, and auditing, consulting, and legal services.
• Text Messaging Data. EOS Health does not sell, share, or rent mobile phone numbers or SMS consent information with third parties for their own marketing purposes, except with your consent or as permitted by law.
• Advertising Networks. Please see the “Online Advertising” section above for details about how we disclose information to advertising partners.
• Joint Product/Marketing Partners. These are entities that jointly offer or provide services or products with us. These entities collect and use data in accordance with their own terms and privacy policies.
• Protection of EOS Health and Others. By using the Services, you acknowledge 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 EOS Health, its agents and affiliates, its users and/or the public.
• Business Transfers. As we continue to develop our business, we may buy, merge, or partner with other companies. In 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, customer information would likely be one of the transferred business assets.
• Public Forums/User Interactions. Certain features of our Services make it possible for you to disclose comments publicly or with other users. Any information that you post publicly is not confidential, and we may use it for any purpose (including in testimonials or other marketing materials). Any information you post openly in these ways will be available to the users you disclosed it to and potentially the public at large, and may be accessible through third-party search engines.
• 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 right to create Aggregate/De-Identified Data from the information we collect through the Services and our disclosure of such Aggregate/De-Identified Data is in our discretion.

Your Rights and Choices

If you live in certain U.S. states (currently including California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah and Virginia) you may have legal rights with respect to your information. The types of requests you may be able to make are as follows:

• Access to the information that EOS has collected about you and a copy of certain information in a portable format
• Confirmation that we are processing your information
• Correct certain information we have about you
• Deletion of the information we have about you
• Opt out of automated processing of information that has significant or other legal effects

If you have provided consent for us to use your information for a specific purpose, you may also request to withdraw that consent.

In addition: California and Oregon residents can request information about the categories of Personal Data we collect, disclose or sell or share about you. Oregon and Minnesota residents can request a list of the specific third parties, other than natural persons, to which we have disclosed information.

You may make a request by emailing us at privacy@eoshealth.care. Before we disclose, correct or delete information in response to any of these requests, we will need to verify your identity. Note, however, that EOS will never ask you for sensitive personal or financial information when verifying your identity, and no EOS Health employee will ask you to tell them your password. If you are an authorized agent submitting a request on their behalf, we may require proof of the written authorization you have received before processing the request.

Certain information may be exempt from such requests under applicable law. But in any event we will respond to your request within a reasonable timeframe and provide you with an explanation. If we deny your request in whole or in part, the laws in your jurisdiction may provide you with rights to appeal our response.

EOS Health will not discriminate against anyone that makes a rights request, but in some cases we will not be able to provide our Services to you without that information.

If you are a resident of Virginia, Kentucky, Maryland, Minnesota, Montana, Oregon, Rhode Island, Tennessee, Texas, Indiana, Colorado, or Connecticut, and we deny your information request, you have the right to appeal our denial by contacting us at privacy@eoshealth.care.

Marketing preferences. 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 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.

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 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. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-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

EOS Health takes 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. As such, you acknowledge and accept that we cannot guarantee the security of your information transmitted to, through, or on our Services or via the Internet and that any such transmission is at your own risk. 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 provide your password to anyone. The information you disclose in public areas may be viewed by anyone.

Additional Privacy Information for California Residents

If you are a California resident, the California Consumer Privacy Act (“CCPA”) requires us to provide you with the following additional information about: (1) the purpose for which we use each category of “personal information” and “sensitive personal information” (as defined in the CCPA) we collect; and (2) the categories of third parties to which we (a) disclose such information for a business purpose, (b) “share” information for “cross-context behavioral advertising,” and/or (c) “sell” such information. We “share” information to provide more relevant and tailored advertising to you regarding our Services. Our use of third-party analytics services and online advertising services may result in the sharing of online identifiers in a way that may be considered a “sale” under the CCPA. Please see the following chart for the rest of this information:

For more detailed information about how we use and disclose your personal information, please see the “Purposes for How We Use Your Information” and “How We Disclose Your Information” sections of this Policy above.

Your Choices Regarding “Sharing” and “Selling”: As described in the “Your Rights and Controls” section, you have the right to opt out of EOS’s sale/sharing of your personal information for purposes of online advertising through the use of cookies, pixels, and similar online tools. We will also honor legally-required browser-based opt out signals (such as the Global Privacy Control) in accordance with our legal obligations. To opt out of email address sharing with advertising partners, please email us at privacy@eoshealth.care. We do not knowingly “sell” or “share” the personal information of children under 16.

Incentive Programs

The Services may offer opportunities to receive certain services or benefits such as gift cards, discounts, or free services, which may require the provision of Personal Information. Such opportunities could be considered a financial incentive under applicable law. When you participate in an Incentive Program, you agree to the terms of that Incentive Program, and may revoke your participation depending on the Incentive Program (e.g., by opting out of emails).

Right to Limit

The CCPA also allows you to limit the use or disclosure of your “sensitive personal information” (as defined in the CCPA) if your sensitive personal information is used for certain purposes. You have a right to limit our use of sensitive personal information for any purposes other than to provide the services or goods you request or as otherwise permitted by law. To opt-out from such additional purposes, please email us at privacy@eoshealth.care.

Other information rights

Please see the “Your Rights and Choices” section of our Privacy Policy above for information about the additional rights you have with respect to your personal information under California law and how to exercise them.

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 disclose certain categories of personal information with third parties for their direct marketing purposes. We do not disclose your personal information to third parties for their own direct marketing purposes.

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 Websites for third party purposes. However, we do not currently recognize or respond to browser-initiated DNT signals. To learn more about Do Not Track, you can do so here. Please note that “Do Not Track” is a distinct privacy mechanism from the browser-based opt out signals referenced in the “Your Rights and Choices” section, which EOS Health does honor in accordance with applicable law.

Additional Privacy Information for Texas Residents

NOTICE: We may sell your sensitive personal data (by serving you with online advertising relevant to your use of EOS if you have provided consent).

Additional 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 emailing privacy@eoshealth.care. 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, the nature and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the information, the purposes for which we process the information, and our legitimate interests, and/or as required to comply with applicable laws.

Children

We do not knowingly collect personal data from anyone under the age of 13 through our Services, and our Services are not directed to children under the age of 13. If we discover we have received any “personal information” (as defined under the Children’s Online Privacy Protection Act) from a child under the age of 13 in violation of this Privacy Policy, we will take reasonable steps to delete that information as quickly as possible.

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 EOS Health’s privacy practices, please contact us at: