Everly Health, Inc.

everlyhealth.com

Privacy Policy

Last Modified: August 16, 2021

This Privacy Policy (“Privacy Policy”) describes the data collection practices of PWNHealth, LLC (“PWNHealth”, “we” or “us”) and how we use, disclose, and protect your personal information. This Privacy Policy applies to the information we collect through your use of this website, including any messaging in connection with the website (the “Website”).

Consent. By accessing, using, or viewing the Website you agree that you have read and understood this Privacy Policy and unconditionally agree to be bound by it. Further, you consent to the collection and use of your information in the manner we describe in this Privacy Policy. IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY POLICY, PLEASE DO NOT USE THIS WEBSITE. For the avoidance of doubt, this Privacy Policy applies to your use of this Website and does not apply to other PWNHealth websites specific to programs involving PWNHealth services. Such websites are governed by privacy policies and terms displayed on such websites.

Changes to our Policy. We reserve the right to modify or amend this Privacy Policy at any time. All changes to this Privacy Policy will be effective immediately upon their posting to the Website. We will notify you of material changes to this Privacy Policy by posting the modified Privacy Policy on the Website. Continued use of the Website after the effective date of a modified Privacy Policy will indicate your agreement to any modified terms.

Personally Identifiable Information We Collect. You may generally use this Website without disclosing personally identifiable information. However, use of certain features and functions of the Website may require you to submit personally identifiable information to us. In your use of the Website, we may collect any information that you voluntarily share with us, including by filling in forms on our Website. This information may also be collected by third party service providers or partners on our behalf. This information may be collected when you voluntarily submit information to us via the Website. We may use third party service providers to assist us in collecting and maintaining this information. However, we require such service providers to maintain the confidentiality of such information.

How we use Personally Identifiable Information We Collect. We will use personally identifiable information: (i) the purpose for which you provide it; (ii) as otherwise may be disclosed at the point of collection, and/or (ii) as described below In addition, we may use your personal information in the aggregate in a non-identifiable way in order to better understand how to improve the Website and for any other lawful purpose.

Other Information Collected On the Website. When you visit the Website, we may passively collect the following non-personal information about you and your usage of the Website. IP Address. Your IP address may be collected. Your “IP address” is usually associated with the network location and physical location from which you enter the Internet. We log IP addresses for systems administration purposes. This information helps us determine how often different areas of our site are visited and we may also use this information to personalize the content that is displayed to you on the Website based on your previous visits. We do not link IP address to any information that is personally identifiable. Cookies. We use cookies to track the use of the Website and to facilitate and enhance your experience on the Website, and to statistically analyze trends and other user behavior on the Website. The term “cookies” refers to electronic data stored by your computer browser. The cookies enable us to facilitate your access to different aspects of the Website. For example, by showing when and how you visit the Website, cookies help us to see which pages of the Website are popular and which are not. Cookies can also help us to improve your enjoyment of the Website, for example, by remembering your address or other information when you request information or services on the Website. Most web browsers automatically accept cookies, but you can disable this function so that your browser will not accept cookies. Please be aware that if you disable this function, it may impact your use and enjoyment of the Website. Web Beacons and Pixel Tags. The term “web beacons” and “pixel tags” refer to Internet tools, such as transparent images on the Website or in emails that we may send to you that help us to determine whether a page has been viewed or an email opened. A pixel tag is a type of web beacon embedded in an image on the website. In general, any electronic image viewed as part of a web page can contain a pixel tag or other web beacon. We may also use these Internet technology tools to allow us to track the internet browser most commonly used to access the Website and the pages that are most popular, which statistics assist us in making the Website more user-friendly and accessible. Statistical Identifiers and Device Recognition. We (or our service providers on our behalf) may employ statistical identifiers, also known as device recognition tools. These tools may be used to assist in managing the content on the Website by informing us (without using cookies) of the content that you use and view on the Website. These tools collect various information about your device, such as your screen resolution, browser type, and operating system. Many devices have unique, or near unique, device profiles such that collecting this information allows us and our service providers to determine with a reasonable level of statistical accuracy information on your engagement with the Website and advertisements on the Website, as well as your device when you interact with the Website. We do not tie this statistical information to your personal information. Surveys. We may also ask that you participate in anonymous surveys, which allow us to collect additional data to help us improve the Website. Participation in such surveys is voluntary and is not connected to any of your personal information. Analytics. We use non-personally identifiable information in the aggregate to determine how much traffic the Website receives, to statistically analyze Website usage, to improve our content, and to customize the Website’s content, layout and services. In addition, we may use your IP address to help diagnose problems with our server, to manage the Website and to enhance the Website based on the usage pattern data we receive.

How we Disclose the Information We Collect. We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. In addition, you agree that we have the right to disclose personal information that we collect or you provide: to any member of our group, which means our subsidiaries and affiliates, including our ultimate holding company and its subsidiaries and affiliated, professional corporations as needed to provide our services; to analytics providers that assist us in the improvement and optimization of the Website; to fulfill the purpose for which you provide it; for any other purpose disclosed by us when you provide the information or with your consent; to third-party service providers specifically involved in the processing of your information received via the Website and as otherwise necessary to manage the Website and provide the services you request; to resolve disputes, investigate problems, and enforce the Website terms of use or any other agreement with PWNHealth; to investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure is (a) reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) helpful to prevent, investigate, or identify possible wrongdoing in connection with the Website; or (c) protect our rights, reputation, property, or that of our users, affiliates, or the public; if we, or any of our businesses, are sold or disposed of as a going concern, whether by merger, reorganization, sale of assets or otherwise, or in the event of an insolvency, bankruptcy or receivership; and in connection with a commercial transaction where we are seeking financing, investment, support or funding.

Access to your Personally Identifiable Information. Upon written request and verification of your identity, we will provide you with your personal information in our possession as well as the personal information, if any, that we have disclosed to third parties. Requests for such information should be sent to the contact information below. You may also update, correct, or delete your personal information in our possession by contacting us.

Handling of Electronic Records and Backup. In general, we will retain all information collected through the Website for, at a minimum, the length of time permitted by law. We maintain backup files as a protection against natural disasters, equipment failures, or other disruptions. Backup files protect you and us because they lower the risk of losing valuable data. Backup files may contain records with your personal information. Removing a record from our active files and databases does not remove that record from any backup systems. Such backup data will eventually be passively deleted as backup records are erased through the normal recycling of backup files. In the meantime, as long as backup records exist, they receive the same security protections as our other records.

Security. Communications between your browser and portions of the Website containing personally identifiable information may be protected with various forms of encryption. This encryption is to help protect your information while it is being transmitted. Once we receive your information we strive to maintain the physical and electronic security of your personal information using commercially reasonable efforts.HOWEVER, NO DATA TRANSMISSION OVER THE INTERNET OR ANY WIRELESS NETWORK CAN BE GUARANTEED TO BE PERFECTLY SECURED. AS A RESULT, WHILE WE STRIVE TO PROTECT YOUR PERSONAL INFORMATION USING COMMERCIALLY AVAILABLE AND INDUSTRY STANDARD TECHNOLOGY, WE CANNOT ENSURE OR GUARANTEE THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US, AND YOU DO SO AT YOUR OWN RISK. We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

Security Breach. If we determine that your personal information has or may reasonably have been disclosed due to a security breach of our systems, we will notify you to the extent required by applicable state and federal law, using your information that we have on file.

Children Under the Age of 16. The Website is not intended for children under the age of 16. No one under the age of 16 may provide any personal information on this Website. We do not knowingly collect personal information from children under the age of 16. If we learn that we have collected or received personal information through this Website from a child under the age of 16, we will delete that information. If you believe we might have any information from or about a child under the age of 16 submitted through this Website, please contact us at the address below.

California Privacy Rights. California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of the PWNHealth Website and PWNHealth Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. PWNHealth does not disclose any personal information to third parties for their direct marketing purposes.

Third Party Privacy. This Privacy Policy applies only to the Website provided by PWNHealth. PWNHealth is not responsible for the privacy practices of any third party website you access from this Website. You should review the privacy policy of every website before using the website or submitting any information to the website.

Contact Information. To contact us about this Privacy Policy, please contact us at:

PWNHealth 123 W 18th Street New York, NY 10011 Attn: Chief Legal Officer Or 888-362-4321