PRIVACY POLICY

Introduction

ELEMED (“ELEMED”) and our associated or affiliated healthcare providers, including but not limited to [Elemedical Healthcare] and their engaged medical practitioners”) (hereinafter the “Practices,” and collectively, with ELEMED, “We” or the “Providers”) respects your privacy and are committed to protecting it through compliance with this policy (hereinafter the “Privacy Policy”).

This Privacy Policy describes the types of information We may collect from you or that you may provide when you visit our websites or use our affiliated mobile applications (collectively the “Apps”), and our practices for collecting, using, maintaining, protecting, and disclosing that information. The Apps and other services delivered by the Providers are hereinafter referred to as the “Services.”

This policy applies to information We collect:

• On our Apps or Websites.

• In email, text, and other electronic messages between you and the Practices.

• Through our Apps or Websites.

• When you interact with our advertising and applications on third-party Apps and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by the Practices or any third party; or

• Any third party, including through any application or content (including advertising) that may link to or be accessible from or on our Apps.

Please read this Privacy Policy 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 Apps or Websites. You can also choose not to provide us with certain information, but by doing so, you may not be able to take advantage of many of the features and functionality of the Services.

The privacy of our users is of great importance to us. By accessing or using the Apps and Websites, you agree that you accept and agree to this Privacy Policy and the policies and practices outlined herein, and that you hereby consent to the collection, use, and disclosure of your personal information (as defined herein) in accordance with this Privacy Policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of the Apps and Websites after We make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

• Children Under the Age of 16

The Apps, Websites and the Services are not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Apps or Websites. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on our Apps or Websites or on or through any of its features. If We learn We have collected or received personal information from a child under 16 without verification of parental consent, We will delete that information. If you believe We might have any information from or about a child under 16, please contact us at:

Info@elemedical.com

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your California Privacy Rights (below) for more information.

• Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Apps and Websites, including information:

• By which you may be personally identified, such as name, postal address, e-mail address, telephone number, social security number, password, prescriptions, medical history, or any other identifier by which you may be contacted online or offline (“personal information”);

• That is about you but individually does not identify you; and/or

• About your internet connection, the equipment you use to access our Apps or Websites, and usage details.

We collect this information:

• Directly from you when you provide it to us.

• Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

Information You Provide to Us.

The information you provide to us may include:

• Information that you provide by filling in forms on our Apps or Websites. This includes information provided at the time of registering to use our Apps or Websites, creating an account, subscribing to the Services, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Apps or Websites.

• Records and copies of your correspondence (including email addresses), if you contact us.

• Your responses to questionnaires or surveys that We might ask you to complete for purposes of the Services or conducting research.

• Details of transactions you carry out through our Apps or Websites and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Apps.

• Your search queries on the Apps or Websites.

If you provide your personal information, you are agreeing to let us use such personal information to provide the Services, to run our businesses (including internal business analytics, operations, and other purposes), and to communicate with and market to you.

You further agree that We may contact you by telephone or text message (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf or in connection with your account, including for marketing purposes. Should you send Providers or its affiliates a direct text (SMS) message through a mobile device, such message constitutes your prior express written consent to receive responses and other messages to that mobile device. Message and data rates may apply You understand that you are not required to provide this consent as a condition of receiving Services and that you may opt out of receiving marketing SMS messages at any time by texting the word STOP to the text message using the mobile device that received the text messages.

Information We Collect Through Automatic Data Collection Technologies.

As you navigate through and interact with our Apps and Websites, We may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to the Apps or Websites, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Apps or Websites.

• Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party Apps or Websites or other online services (behavioral tracking). At this time, We do not respond to browser “do not track” signals.

The information We collect automatically does include personal information, or We may maintain it or associate it with personal information We collect in other ways or receive from third parties. It helps us to improve our Apps and Websites and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.

• Store information about your preferences, allowing us to customize our Apps or Websites according to your individual interests.

• Speed up your searches.

• Recognize you when you return to our Apps or Websites.

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. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Apps or Websites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Apps or Websites.

• Flash Cookies. Certain features of our Apps or Websites may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Apps or Websites. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.

• Web Beacons. Pages of our Apps or Websites and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit ELEMED , for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Information We Collect From Social Media and Third Party Sources

We may collect information from you when you follow or like us on social media sites and platforms, including but not limited to Instagram, Twitter, and Facebook. Such information collected may include your name, email address, other contact information, and/or comments and content you post. We also may collect information about you when you submit information through social media platforms or if you sign up for promotions. You can also link your third-party accounts to us; by doing so you authorize us to collect, store, and use any information such third-party services may provide to us.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Apps may be served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Apps or websites. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different Apps and Websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

Protected Health Information

Some of the personal information received or collected on the Apps or Websites and/or in connection with the Services may be provided by or to health care providers and/or pharmacies that may be subject to laws and regulations, such as rules issued under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH), that govern providers’ use and disclosure of certain individually identifiable health-related Personal Information (“Protected Health Information”). When We receive Protected Health Information as a “covered entity” or a “business associate” of a healthcare provider (as may be applicable depending on the circumstances), We may be subject to certain laws and regulations, including certain HIPAA rules, that govern our use and disclosure of Protected Health Information and that may be more restrictive than otherwise provided in this Privacy Policy. Accordingly, when We receive Protected Health Information as a “business associate” of a healthcare provider, We do so pursuant to a “Business Associate Agreement” that, among other things, prohibits us from using or disclosing the Protected Health Information in ways that are not permissible by the health care providers and/or pharmacies themselves, and requires us to implement certain measures to safeguard the confidentiality, integrity, and availability of the Protected Health Information. Please note though that information that has been deidentified in accordance with HIPAA does not constitute Protected Health Information. For more information about HIPAA-compliant activities, please contact Info@elemedical.com

The Practices have adopted a Notice of Privacy Practices that describe their collection and use of your Protected Health Information as “covered entities” under HIPAA. If you do not agree to be bound by those terms, you will be unable to obtain the Services. In addition, by accessing and using the Apps, Websites or the Services, you agree that even if HIPAA does apply to, that any information you transmit to and/or through the Apps, Websites or otherwise in connection with the Services that is not intended and used solely for diagnosis and treatment by Providers and/or fulfillment of medications and prescriptions, is not considered Protected Health Information and will only be subject to this Privacy Policy and other applicable laws that govern the privacy and security of such information, and that HIPAA does not govern such information.

How We Use Your Information

We use information that We collect about you or that you provide to us, including any personal information:

• To present the Apps, the Websites and their contents to you.

• To provide you with information, products, or services that you request from us.

• To fulfill any other purpose for which you provide it.

• To provide you with notices about your account, including expiration and renewal notices.

• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

• To notify you about changes to our Apps, Websites or any products or services We offer or provide though it.

• To allow you to participate in interactive features on our Apps or Websites.

• In any other way We may describe when you provide the information.

• For any other purpose with your consent.

We may also use your information to contact you about goods and services that may be of interest to you. If you do not want your information used in this way, please adjust your user preferences in your account profile.

We may use the information We have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though We do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

We may aggregate and/or combine the information that We collect about you through the Apps or Websites with information that We receive from other sources and may use and share such combined information in accordance with this Privacy Policy and applicable law.

We may deidentify any information collected through the Apps, Websites and Services so that such information can no longer be linked to you or your device. We may use such deidentified information for any purposes, including but not limited to aggregating it with other data, for research and marketing, and share such data with third parties, as set forth more fully herein.

The Practices do not sell personal medical information. We do not provide your personally identifiable medical data to third-parties in exchange for payment.

Disclosure of Your Information

We may disclose aggregated, deidentified information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that We collect, or you provide as described in this Privacy Policy:

• To our subsidiaries and affiliates to deliver Services to you.

• To contractors, service providers, and other third parties We use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which We disclose it to them.

• With healthcare providers, including the Practices, to provide health care services to you as part of the Services, with whom you communicate with through or about the Services, or for other treatment, payment, or health care operations purposes, including medication fulfillment and pharmacy services, at your request.

• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of ELEMED’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Apps or Websites users is among the assets transferred.

• To third parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which We disclose it to them.

• To fulfill the purpose for which you provide it.

• For any other purpose disclosed by us when you provide the information.

• With your consent.

We may also disclose your personal information:

• To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.

• If We believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Providers, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

• In de-identified form, whether or not aggregated with other data, at our discretion.

• As may be required by law, to third parties without your consent if We have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other end users, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. Further, We may disclose Personal Information when We believe in good faith that such disclosure is required by and in accordance with the law. We also reserve the right to access, read, preserve, and disclose any information as We reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce our contracts or user agreement, including investigation of potential violations hereof; and (iii) detect, prevent, or otherwise address fraud, security or technical issues. We may disclose Personal Information if We believe it is necessary to investigate potential violations of our Terms of Use, or to enforce those Terms of Use. The above may include exchanging information with other companies and organizations for fraud protection and spam/malware prevention. Notwithstanding the general terms of this policy, the collection, use, and disclosure of Personal Information may be made outside of the terms herein to the extent provided for in any applicable privacy or other legislation in effect from time to time, or pursuant to court orders.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this App or Website may then be inaccessible or not function properly.

• Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt out by logging into the Apps and adjusting your user preferences in your account profile or by sending us an email stating your request to Info@elemedical.com

• Promotional Offers. If you do not wish to have your contact information used to promote products or services, you can opt out by logging into the Apps and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to Info@elemedical.com. If We have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Practices as a result of a product purchase, warranty registration, product service experience, or other transactions.

• Targeted Advertising. If you do not want us to use information that We collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt out by logging into the Apps and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to

California residents may have additional personal information rights and choices. Please see Your California Privacy Rights (below) for more information.

Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: Info@elemedical.com

Transactions

You may be asked to supply certain information in connection with transactions that you conduct through the Apps and/or as part of the Services, including payment transactions. By submitting such information, which may include but is not limited to your name, billing address, shipping address, credit card number and associated information, and age, you grant us the irrevocable and perpetual right to provide such information to third parties for the purposes of facilitating such transactions. All credit card, debit card, and other financial transactions on or through the Services and Apps may occur through an online payment processing application. This online payment processing is currently provided by the third-party vendor Stripe. Additional information about Stripe should be available directly on their website at https://stripe.com/. Reference is made to such policies for information purposes only and are not incorporated into or made a part of this Privacy Policy, and Stripe’s relationship with the Providers is only contractual in nature.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Apps and visiting your account profile page.

California residents may have additional personal information rights and choices. Please see Your California Privacy Rights below for more information.

Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit the CCPA privacy notice for California Residents.

California’s “shine the Light” law (Civil Code Section § 1798.83) permits users that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to info@elemedical.com.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions and protected health information will be encrypted using SSL technology.

The safety and security of your information also depends on you. Where We have given you (or where you have chosen) a password for access to certain parts of our Apps, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Apps like message boards. The information you share in public areas may be viewed by any user of the Apps.

Unfortunately, the transmission of information via the internet is not completely secure. Although We do our best to protect your personal information, We cannot guarantee the security of your personal information transmitted to our Apps or Websites. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the App or Websites.

European Union Visitors

Practices’ Services are intended only for use by residents of the United States, and in particular, residents of the following states: New York, New Jersey, California, Florida, and Nevada as of March 16th, 2024. Redirect visitors from the European Union to a message notifying them that they cannot use the Services. In addition, the Apps do not permit European Union residents to register or to use the Services. ELEMED does not collect any personally identifying information from such visitors to the Apps or Websites, although we may archive their IP addresses.

Information Retention

We may keep personal information for as long as necessary for the identified purposes or as required by law. Such retention period may extend beyond the termination of our relationship with you. Unless set forth to the contrary in our Terms of Use or another agreement with you governing the Services, if you cease using such Services, We may retain or destroy, at our discretion, all Personal Information and non-personally identifiable information We collect through your use of such Services except to the extent otherwise prohibited by law. Any personal information We retain will remain subject to the terms of this Privacy Policy.

Changes to Our Privacy Policy

It is our policy to post any changes We make to our privacy policy on this page with a notice that the privacy policy has been updated on the Apps’ or Website’s home pages. If We make material changes to how We treat our users’ personal information, We will notify you through a notice on the Website and App home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring We have an up-to-date active and deliverable email address for you, and for periodically visiting our Apps and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at info@elemedical.com or at the address below.

ELEMED
10 Gordon Drive
Totowa, NJ 07512