Privacy Policy

Introduction

FreeWell Health LLC (“FreeWell Health,” “we,” or “us”) owns and operates the website (the “Website”) located at www.[DOMAIN] and may have previously, now, or in the future own and/or operate a FreeWell Health mobile application (collectively, the “Platform”). Your access and use of the Platform, any part thereof, or anything associated therewith, including its content (“Content”), any products or services provided through the Platform or otherwise by FreeWell Health, and any affiliated website, software, or application owned or operated by FreeWell Health (collectively, including the Platform and the Content, the “Service”) are subject to this Privacy Policy unless specifically stated otherwise. Capitalized terms not otherwise defined in this Privacy Policy have the same meaning as set forth in the FreeWell Health Terms and Conditions (“Terms and Conditions”).

We are committed to respecting the privacy of users of the Service. We created this Privacy Policy (“Privacy Policy”) to tell you how FreeWell Health collects, uses, and discloses information in order to provide you with the Service.

By creating, registering, or logging into an account through the Service, or otherwise accessing or using the Service, you are acknowledging the most recent version of this Privacy Policy. We will update this Privacy Policy when necessary to reflect material changes in the Service or how we use personal information, and as required by applicable law. If we make any changes to our Privacy Policy, we will post the revised Privacy Policy and update the “Last updated” date at the top of the Privacy Policy. If we make material changes to this Privacy Policy, we will provide notice or obtain consent regarding such changes as may be required by law.

If you are using the Service on behalf of an individual other than yourself, you represent that you are authorized by such an individual to act on such an individual's behalf and that such individual acknowledges the practices and policies outlined in this Privacy Policy.

Limitations on Use by Minors

The Service is generally intended for use by individuals who are at least eighteen (18) years of age or such older age as may be required by applicable state laws in the jurisdiction in which an individual utilizes the Service. The Service is not designed or intended to attract, and is not directed to, children under thirteen (13) years of age. If we obtain actual knowledge that we have collected personal information through the Platform from a person under thirteen (13) years of age, we will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form.

Furthermore, if you are under sixteen (16) years of age, then you (or your parent or legal guardian if you are under age 13) may at any time request that we remove content or information about you that is posted on the Platform. Please submit any such request (“Request for Removal of Minor Information”) to either of the following:

By mail: FreeWell Health LLC, Attn: Privacy Officer, [REGISTERED_STREET], [REGISTERED_CITY_STATE_ZIP], with a subject line of “Removal of Minor Information.” If you send by mail, please send by U.S. Certified Mail, Return Receipt Requested to allow for confirmation of mailing, delivery, and tracking.

By email: privacy@[DOMAIN], with a subject line of “Removal of Minor Information.”

For each Request for Removal of Minor Information, please state “Removal of Minor Information” in the email or letter subject line, and clearly state the following in the body of the request:

• The nature of your request
• The identity of the content or information to be removed
• The location of the content or information on the Platform (e.g., by providing the URL)
• That the request is related to the “Removal of Minor Information”
• Your name, street address, city, state, zip code, and email address, and whether you prefer to receive a response to your request by mail or email

We will not accept any Request for Removal of Minor Information via telephone or facsimile. FreeWell Health is not responsible for failing to comply with any Request for Removal of Minor Information that is incomplete, incorrectly labeled, or incorrectly sent.

Please note that we are not required to erase or otherwise eliminate, or enable erasure or elimination of such content or information in certain circumstances, such as, for example, when an international, federal, state, or local law, rule, or regulation requires FreeWell Health to maintain the content or information; when FreeWell Health maintains the content or information on behalf of your Providers (as defined in our Terms and Conditions) as part of your electronic medical record; when the content or information is stored on or posted to the Site by a third party other than you (including any content or information posted by you that was stored, republished, or reposted by the third party); when FreeWell Health anonymizes the content or information, so that you cannot be individually identified; when you do not follow the aforementioned instructions for requesting the removal of the content or information; and when you have received compensation or other consideration for providing the content or information.

The foregoing is a description of FreeWell Health's voluntary practices concerning the collection of personal information through the Service from certain minors, and is not intended to be an admission that FreeWell Health is subject to the Children's Online Privacy Protection Act, the Federal Trade Commission's Children's Online Privacy Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.

Protected Information

When you set up an account with FreeWell Health, you are creating a direct customer relationship with FreeWell Health that enables you to access and/or utilize the various functions of the Platform and the Service as a user. As part of that relationship, you provide information to FreeWell Health, including but not limited to, your name, email address, shipping address, phone number, and certain transactional information, which we do not consider to be “protected health information” or “medical information.”

However, in using certain components of the Service, you may provide certain health or medical information that may be protected under applicable laws. FreeWell Health is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”). One or more of the Labs, Pharmacies, or Medical Groups (as defined in our Terms and Conditions) may or may not be a “covered entity” or “business associate” under HIPAA, and FreeWell Health may in some cases be a “business associate” of a Pharmacy or Medical Group. It is important to note that HIPAA does not necessarily apply to an entity or person simply because there is health information involved, and HIPAA may not apply to your transactions or communications with FreeWell Health, the Medical Groups, the Providers, the Labs, or the Pharmacies. To the extent FreeWell Health is deemed a “business associate” however, and solely in its role as a business associate, FreeWell Health may be subject to certain provisions of HIPAA with respect to “protected health information,” as defined under HIPAA, that you provide to FreeWell Health, the Medical Group, or the Providers (“PHI”). In addition, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI, “Protected Information”), will be used and disclosed only in accordance with such applicable laws. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under this Privacy Policy. Protected Information does not include information that has been de-identified in accordance with applicable laws.

The Medical Groups and Providers have adopted a Notice of Privacy Practices that describes how they use and disclose Protected Information. By accessing or using any part of the Service, you acknowledge receipt of the Notice of Privacy Practices from your Medical Group and Provider(s).

By accessing or using any part of the Service, you understand that any information that you submit to FreeWell Health that is not intended and used solely for the provision of diagnosis and treatment by the Medical Group and Providers, laboratory services by the Labs, or prescription fulfillment by the Pharmacies, is not considered Protected Information, and will be subject only to our Privacy Policy and any applicable state laws that govern the privacy and security of such information. For purposes of clarity, information you provide to FreeWell Health in order to register and set up an account on the Platform, including name, date of birth, username, email address, shipping address, and phone number, are not considered Protected Information.

Collection of Personal Information

The personal information we collect depends on how you interact with us, the services you use, and the choices you make.

We collect information about you from different sources and in various ways when you use our services, including information you provide directly, information collected automatically, information from third-party data sources, and data we infer or generate from other data.

Information you provide directly. We collect personal information you provide to us. For example:

• Name and contact information, such as your name, email address, phone number, and billing and physical addresses.
• Demographic data, such as your gender, date of birth, and zip code.
• Social plug-ins, such as third-party websites, networks, platforms, servers, and/or application information.
• Payment information, such as your credit card number, financial account information, and other payment details.
• Content and files, such as photographs, videos, documents, and other files you upload to the Service. This includes email messages and other communications you send to us.
• Sensitive personal information, including: Government-issued identifiers (such as driver's license, passport number, and social security numbers); account access information; sensitive demographic data (such as racial or ethnic origin); contents of communications; biometric information used for identification; health data; and information concerning sex life or sexual orientation.

Information we collect automatically. When you use our services, we collect some information automatically. For example:

• Identifiers and device information. When you visit our websites, our web servers automatically log your Internet Protocol (IP) address and information about your device, including device identifiers (such as MAC address); device type; and your device's operating system, browser, and other software including type, version, language, settings, and configuration.
• Geolocation data. Depending on your device and app settings, we collect geolocation data when you use our apps or online services.
• Usage data. We automatically log your activity on our websites, apps, and connected products, including the URL of the website from which you came to our sites, pages you viewed, how long you spent on a page, access times, and other details about your use of and actions on our website.

Information we create or generate. We infer new information from other data we collect, including using automated means to generate information about your likely preferences or other characteristics (“inferences”).

Information we obtain from third-party sources. We also obtain the types of information described above from third parties. These third-party sources include, for example:

• Third-party partners. Third-party applications and services, including social networks you choose to connect with or interact with through our services.
• Co-branding/marketing partners. Partners with which we offer co-branded services or engage in joint marketing activities.
• Service providers. Third parties that collect or provide data in connection with work they do on our behalf, for example companies that determine your device's location based on its IP address.
• Publicly available sources. Public sources of information such as open government databases.

When you are asked to provide personal information, you may decline. And you may use web browser or operating system controls to prevent certain types of automatic data collection. But if you choose not to provide or allow information that is necessary for certain services or features, those services or features may not be available or fully functional.

FreeWell Health provides management services to the medical providers and certain pharmacies you may access through the Service. As a result, we may store additional health information on their behalf, including your medical record, communications with providers, medical history, and prescription information.

Cookies, Mobile IDs, and Similar Technologies

We use cookies, web beacons, mobile analytics and advertising IDs, and similar technologies to operate our websites and online services and to help collect data, including usage data, identifiers, and device information.

Cookies are small text files placed by a website and stored by your browser on your device. A cookie can later be read when your browser connects to a web server in the same domain that placed the cookie. The text in a cookie contains a string of numbers and letters that may uniquely identify your device and can contain other information as well.

Web beacons are electronic images (also called single-pixel or clear GIFs) that are contained within a website or email. When your browser opens a webpage or email that contains a web beacon, it automatically connects to the web server that hosts the image (typically operated by a third party). This allows that web server to log information about your device and to set and read its own cookies.

Mobile analytics and advertising IDs are generated by operating systems for mobile devices (iOS and Android) and can be accessed and used by apps in much the same way that websites access and use cookies. Our apps contain software that enables us and our third-party analytics and advertising partners to access these mobile IDs.

We, and our analytics and advertising partners, use these technologies in our websites, apps, and online services to collect personal information (such as the pages you visit, the links you click on, and similar usage information, identifiers, and device information) when you use our services, including personal information about your online activities over time and across different websites or online services.

There are a range of cookie and related controls available through browsers, mobile operating systems, and elsewhere. See the “Choice and Control of Personal Information” section below for details.

Use of Personal Information

We use the personal information we collect for purposes described in this Privacy Policy or as otherwise disclosed to you, subject to the limitations addressed in the “Protected Information” section above. For example, we use personal information for the following purposes:

• Product and service delivery. To provide and deliver the Service, including troubleshooting, facilitating your movement through the Service, confirming your location, improving, and personalizing those services.
• Business operations. To operate our business, such as billing, processing your payments, accounting, administering your account, improving our internal operations, securing our systems, detecting fraudulent or illegal activity, verifying your identity, and meeting our legal obligations.
• Product improvement, development, and research. To develop, test, or improve the Service and content, features, and/or products or services offered via the Service.
• Personalization. To understand you and your preferences to enhance your experience and enjoyment using our services.
• Customer support. To provide customer support, fulfill your requests, and respond to your questions.
• Communications. To send you information about FreeWell Health, the Labs, the Pharmacies, the Medical Groups, and the Providers, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.
• Marketing. To communicate with you about new services, offers, promotions, rewards, contests, upcoming events, and other information about our services and those of our selected partners.
• Advertising. To promote and market FreeWell Health, the Service, and the products and/or services offered via the Service.

We combine data we collect from different sources for these purposes, and to give you a more seamless, consistent, and personalized experience.

We may de-identify your information and use, create, and sell such de-identified information for any business or other purpose not prohibited by applicable law.

Disclosure of Personal Information

We disclose personal information as described below as we determine necessary to complete your transactions or provide the services you have requested or authorized, or with your consent as required by applicable law.

• Service providers. We provide personal information to vendors or agents working on our behalf for the purposes described in this Privacy Policy.
• Affiliates and corporate transactions. We may share personal information with our subsidiaries, affiliates, and related companies. We may also share personal information in connection with a corporate transaction such as a merger, acquisition, financing, or sale of assets.
• Legal and law enforcement. We will access, share, and preserve personal information when we believe that doing so is necessary to comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies.
• Advertising and analytics partners. We share personal information (such as identifiers, activity data, device data, and geolocation data) with advertising and analytics partners to deliver and tailor interest-based advertising and to measure advertising effectiveness.

Please note that some of our services also include integrations, references, or links to services provided by third parties whose privacy practices differ from ours. If you provide personal information to any of those third parties, or allow us to share personal information with them, that information is governed by their privacy statements.

Finally, we may disclose de-identified information in accordance with applicable law.

Choice and Control of Personal Information

We provide a variety of ways for you to control the personal information we hold about you, including choices about how we use that data. In some jurisdictions, these controls and choices may be enforceable as rights under applicable law.

• Access, portability, correction, and deletion. If you wish to access, copy, download, correct, or delete personal information about you that we hold, please contact us at privacy@[DOMAIN].
• Data sales. Some privacy laws define “sale” broadly to include some of the disclosures described in the “Disclosure of Personal Information” section above. To opt-out from such data “sales” you can use the Global Privacy Control setting or contact us at privacy@[DOMAIN].
• Targeted advertising. If you wish to opt-out of the use of your personal information for targeted advertising, you may do so by contacting us at privacy@[DOMAIN].

In addition, there are certain browser and platform controls that may be available to you in order to opt-out from or otherwise control targeted advertising. You can use the opt-out controls offered by the organizations our advertising partners may participate in, which you can access at:

• NAI (http://optout.networkadvertising.org)
• DAA (http://optout.aboutads.info/)

Communications preferences. You can choose whether to receive promotional communications from us by email or SMS. If you receive promotional email or SMS messages from us and would like to stop, you can do so by following the directions in that message or by contacting us as described in the “Contacting Us” section below.

Browser or Platform Controls

• Cookie controls. Most web browsers are set to accept cookies by default. If you prefer, you can go to your browser settings to learn how to delete or reject cookies.
• Global Privacy Control. Some browsers and browser extensions support the “Global Privacy Control” (GPC) or similar controls that can send a signal to the websites you visit indicating your choice to opt-out from certain types of data processing.
• Do Not Track. Some browsers include a “Do Not Track” (DNT) setting. There is not a common understanding of how to interpret the DNT signal; therefore, our websites do not respond to browser DNT signals.
• Mobile advertising ID controls. iOS and Android operating systems provide options to limit tracking and/or reset the advertising IDs.
• Email web beacons. Most email clients have settings that allow you to prevent the automatic downloading of images, including web beacons.

Data Retention

We retain personal information for as long as necessary to provide the services and fulfill the transactions you have requested, comply with our legal obligations, resolve disputes, enforce our agreements, and for other legitimate and lawful business purposes. Because these needs can vary for different data types in the context of different services, actual retention periods can vary significantly.

Transactions

In connection with any transaction that you conduct through the Service (e.g., the purchase or sale of any products or services on or through the Service), you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number, and/or your email address. By submitting such information, you grant FreeWell Health without charge the irrevocable, unencumbered, universe-wide, and perpetual right to provide such information to third parties (e.g., payment processing companies) for the purpose of facilitating the transaction.

All credit card, debit card, and other monetary transactions on or through the Service occur through an online payment processing application(s) accessible through the Service. This online payment processing application(s) is provided by FreeWell Health's third-party online payment processing vendors (collectively, “Payment Vendors”). Additional information about our Payment Vendors and their respective privacy policies and information security measures is available on the applicable Payment Vendor's website.

Jurisdictional Issues

The Service may only be used within certain states within the United States as described in our Terms and Conditions. Accordingly, this Privacy Policy, and our collection, use, and disclosure of information about you, is governed by U.S. law.

California Privacy Rights

If you are a California resident and the processing of personal information about you is subject to the California Consumer Privacy Act (CCPA), you have certain rights with respect to that information.

• Notice at Collection. At or before the time of collection, you have a right to receive notice of our practices, including the categories of personal information and sensitive personal information to be collected, the purposes for which such information is collected or used, whether such information is sold or shared, and how long such information is retained.
• Right to Know. You have a right to request that we disclose to you the personal information we have collected about you. You may make such a “request to know” by emailing us at privacy@[DOMAIN].
• Rights to Request Correction or Deletion. You also have rights to request that we correct inaccurate personal information and that we delete personal information under certain circumstances, subject to a number of exceptions. To make a request to correct or delete, email us at privacy@[DOMAIN].
• Right to Opt-Out / “Do Not Sell or Share My Personal Information.” You have a right to opt-out from future “sales” or “sharing” of personal information as those terms are defined by the CCPA.

We do not knowingly sell or share the personal information of minors under 16 years of age.

• Right to Limit Use and Disclosure of Sensitive Personal Information. 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.

You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights under the CCPA.

Finally, you have a right to not be discriminated against for exercising these rights set out in the CCPA.

Miscellaneous

We strive to use reasonable physical, technical, and administrative measures to protect information from unauthorized access, use, disclosure, alteration, and destruction. However, you must keep your account password secure and your account confidential, and you are responsible for any and all use of your account.

When using the Service, you may choose not to provide us with certain information, but this may limit the features you are able to use or may prevent you from using the Service all together. FreeWell Health may supplement, amend, or otherwise modify this Privacy Policy at any time. Such supplements, amendments, and other modifications will be posted on this or a similar page of the Service, and shall be deemed effective as of the “Last Updated” date.

Contacting Us

If you have any questions about this Privacy Policy, please contact us by email at privacy@[DOMAIN], or by regular mail at: