Privacy Notice

Introduction

1. Introduction

This Privacy Notice describes how Develop Health collects and uses Personal Data about you through your health care provider’s use of our Website and/or Software in connection with their provision of patient care, and through email, text, and other electronic communications between you and Develop Health.

Develop Health Inc. (“Develop Health” or “we” or “us”) respects your privacy and is committed to protecting it through our compliance with this policy.

This Privacy Notice (our “Privacy Notice”) describes the types of information we may collect, use, maintain, protect, disclose, or otherwise process about you when your health care provider (“Provider”) visits the website develophealth.io (the “Website”) or utilizes our proprietary software, web application, and software (collectively, the “Software”) in connection you’re your Provider’s provision of care and our practices for collecting, using, maintaining, protecting, disclosing, or otherwise processing that information.

This policy applies to information we collect:

1. on our Website or our Software;
2. in email, text, and other electronic messages between you and our Website; and
3. through the Software your Provider downloads from our Website, which provides dedicated non-browser-based interactions between your Provider’s website or platform and our Website.

It does not apply to information collected by:

1. us through any other means, including on any other website operated by Develop Health or any third-party;
2. us or any of our affiliates or subsidiaries related to your or any other individual’s employment or potential employment with us; or
3. any third party, including through any application or content that may link to or be accessible from or on the Website.

Please read this Privacy Notice 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 Website. By accessing or using the Website, you agree to this Privacy Notice. This Privacy Notice may change from time to time. Your continued use of the Website after we make changes is deemed to be acceptance of those changes, so please check this Privacy Notice periodically for updates.

Children Under 18

2. Children Under the Age of 18

Our Website is not intended for children under the age of 18 and children under the age of 18 are not permitted to use our Website. We will remove any information about a child under the age of 18 if we become aware of it.

Our Website is not intended for children under 18 years of age. No one under age 18 may provide any information to the Website. We do not knowingly collect Personal Data from children under 18. If you are under 18, do not use or provide any information on our Website or on or through any of its features/register on the Website, 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 Data from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information directly from a child under 18, please contact us at Develop Health Inc., 2261 Market Street, #4863, San Francisco, CA 94114.

Information We Collect

3. Information We Collect About You and How We Collect It

We collect different types of information about you, including information that may directly identify you, information that is about you but individually does not personally identify you, and information that we combine with our other users. This includes information that we collect directly from you or through automated collection technologies.

Throughout this Privacy Notice, the term “Personal Data” means any information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or device. However, Personal Data does not include any deidentified or aggregated information.

Generally

We collect Personal Data from various sources, including:

• directly from you when you provide it to us;
• automatically as you navigate through the Website;
• information that we create about you as you use our Website; and
• from third parties, for example, our business partners, such as your Provider who uses our Software.

Information You Provide to Us

We collect the following types of Personal Data directly from you when you access or use our Website or Software: real name, email address, home address, telephone number, unique personal identifier, medical information, physical characteristics or description, health insurance information, insurance policy number, age, race, marital status, medical condition, physical/mental disability information, genetic information, information pertaining to sex or an individual’s sex life (including gender, gender identity, gender expression, pregnancy or childbirth, and related medical conditions), sleep data, health data, and exercise data. In addition, we also collect other types of information that you may provide when you fill out a form or through your correspondence with us.

The Personal Data we collect on or through our Website or Software, includes:

• information that your Provider provides to us in order to assist your Provider with the submission of prior authorization requests to your health insurance plan;
• information that you provide by filling in forms on our Website. We may also ask you for information when you report a problem with our Website; or
• if you contact us, records and copies of your correspondence (including email addresses);

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain Personal Data about your interaction with our Website, including information about your equipment, browsing actions, and patterns:

• details of your visits to our Website. This includes: referring/exit pages, date and time of your visit to our Websites, error information, clickstream data, and other communication data and the resources that you access, use, or otherwise interact with on the Websites;
• your physical location and movements;
• other information necessary to provide your Provider with products and services, i.e., sleep data, health data, and exercise data; and
• Information about your computer and internet connection, i.e., your IP address, operating system, and browser type.

The information we collect automatically is statistical data and may include Personal Data, but we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service by enabling us to:

• estimate our audience size and usage patterns;
• store information about your preferences;
• customize our Website according to your individual interests;
• speed up your searches; and
• recognize you when you return to our Website[s].

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. Our Website may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Website. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. However, if you do not consent to our use of cookies or select this setting you may be unable to access certain parts of our Website. You can find more information about cookies at http://www.allaboutcookies.org and http://youronlinechoices.eu.

Information We Collect from Third Parties

We may collect Personal Data from third parties, such as your Provider. When we associate this information with other Personal Data about you, we consider this information to be Personal Data. This information includes: real name, email address, home address, telephone number, unique personal identifier, medical information, physical characteristics or description, health insurance information, insurance policy number, age, race, marital status, medical condition, physical/mental disability information, genetic information, information pertaining to sex or an individual’s sex life (including gender, gender identity, gender expression, pregnancy or childbirth, and related medical conditions), sleep data, health data, and exercise data.

Medical Information

We provide services to your Provider. While providing these services, we may access your personal health information, which may include “protected health information” (“PHI”) as that term is defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). We are only permitted to use and disclose PHI in accordance with our agreements with your Provider. For more information regarding how we may use and disclose your PHI, we recommend reviewing your Provider’s Notice of Privacy Practices.

How We Use Your Information

4. How We Use Your Information

We use your Personal Data for various purposes described below, including to:

• provide our Website and Software to you or your Provider;
• provide you with information you request from us;
• enforce our rights arising from contracts; and
• notify you about changes.

We use information that we collect about you or that you provide to us, including any Personal Data:

• to provide and personalize our Website and its content to you;
• to provide you with information, products, or services that you request from us;
• to support, develop, troubleshoot, and debug our Website, products, and services;
• to help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business;
• for internal testing, research, analysis, and product development, including to develop and improve our Website, and to develop, improve, or demonstrate our products and services;
• detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
• debugging to identify and repair errors that impair existing intended functionality;
• to notify you about changes to our Website or any products or services we offer or provide though them;
• in any other way we may describe when you provide the information;
• to fulfill any other purpose for which you provide it; and for any other purpose with your consent.

Disclosure of Your Information

5. Disclosure of Your Information

We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Notice. We disclose your Personal Data to a few third parties, including:

• our subsidiaries and our affiliates;
• our third-party service providers that we use to support our business;
• to a company we merge, acquire, or that buys us, or in the event of change in structure of our company of any form;
• to comply with our legal obligations;
• to enforce our rights; and
• with your consent.

We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Notice. However, we may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose Personal Data that we collect or you provide as described in this Privacy Notice:

• to our subsidiaries and affiliates;
• to contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Data confidential and use it only for the purposes for which we disclose it to them. These entities provide IT and infrastructure support, and data processing services. Our data processors’ privacy policies can be found at https://www.crunchydata.com/privacy; https://sentry.io/privacy/; https://fly.io/legal/privacy-policy/; https://openai.com/policies/privacy-policy; https://policies.google.com/privacy?hl=en-US; https://www.datadoghq.com/legal/privacy/; https://glean.io/terms.
• to a potential or actual buyer or other successor in the event of a planned or actual merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Develop Health’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Develop Health about our Websites’ users is among the assets transferred;
• to fulfill the purpose for which you provide it;
• for any other purpose disclosed by us when you provide the information; and
• with your consent.

We may also disclose your Personal Data:

• to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
• to enforce or apply our terms of use and other agreements; and
• if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Develop Health, our customers, or others.

Choices

6. Choices About How We Use and Disclose Your Information

We offer you choices on how you can opt out of our use of tracking technology, disclosure of your Personal Data for third parties to advertise to you, our advertising to you, and other targeted advertising.

We do not control the collection and use of your information collected by third parties described above in Disclosure of Your Information. When possible, these organizations are under contractual obligations to use this data only for providing the services to us and to maintain this information strictly confidential. These third parties may, however, aggregate the information they collect with information from their other customers for their own purposes.

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 learn more about interest-based advertisements and your opt-out rights and options from members of the Network Advertising Initiative (“NAI”) on its website (www.networkadvertising.org) and from members of the Digital Advertising Alliance on its website (www.aboutads.info).

Data Security

7. Data Security

Information transmitted over the Internet is not completely secure, but we do our best to protect your Personal Data. You can help protect your Personal Data and other information by keeping your password to our Websites confidential.

We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Website. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures deployed on the Website.

Changes to Our Privacy Notice

8. Changes to Our Privacy Notice

We will post any changes to our Privacy Notice on our Website. You are responsible for periodically visiting our Website and this Privacy Notice to check for any changes.

We may change this Privacy Notice at any time. It is our policy to post any changes we make to our Privacy Notice on this page. The date this Privacy Notice was last revised is identified at the top of the page. You are responsible for periodically visiting our Website and this Privacy Notice to check for any changes.

YOUR CONTINUED USE OF OUR WEBSITE FOLLOWING THE POSTING OF CHANGES CONSTITUTES YOUR ACCEPTANCE TO SUCH CHANGES.

Contact Information

9. Contact Information

You may ask questions about this Privacy Notice and our privacy practices by contacting us at the contact information below.

If you have any questions, concerns, complaints, or suggestions regarding our Privacy Notice or the ways in which we collect and use your Personal Data described in this Privacy Notice, have any requests related to your Personal Data pursuant to applicable laws, or otherwise need to contact us, you may contact us at the contact information below.