Last updated: August 14, 2023

Your privacy is important to us. Clever Health, Inc. (“we,” “us,” “our,” and “CLEVER”) respects the privacy of every person who uses our platform https://cleverhealth.ai and related services (collectively, our “Platform”). We are committed to protecting privacy through compliance with this Platform Privacy Policy (“Platform Privacy Policy”).

This Platform Privacy Policy describes how we collect, use, disclose, and otherwise process Personal Information and related interactions you have with us in connection with your use of our Platform. This Platform Privacy Policy does not apply to information collected by us through other sources.

Consent to Privacy Policy

Please read this Platform Privacy Policy carefully to understand our policies and practices regarding your Personal Information and how we will treat it, including the collection, use and disclosure of your Personal Information. By accessing or using our Platform, you agree to this Platform Privacy Policy. This Platform Privacy Policy may change from time to time. Your continued use of our Platform after we make changes is deemed to be acceptance of those changes, so please check the Platform Privacy Policy periodically for updates.

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IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS PLATFORM PRIVACY POLICY, THEN YOU MUST NOTUSE OR MUST STOP USING THE PLATFORM IMMEDIATELY.

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This Platform Privacy Policy covers the following:

1. Introduction
2. Consent to Privacy Policy
3. Platform Access and Account Creation
4. What is “Personal Information”
5. Personal Information We Collect About You
6. How We May Collect Your Personal Information
7. How We May Use Your Personal Information
8. How We May Disclose Personal Information About You
9. Controls for Do-Not-Track Features
10. HIPAA and Your Personal Information
11. How We Protect Your Personal Information
12. Retention of Your Personal Information
13. Consent To Processing of Personal Data in the United States and Transfer of Personal Information
14. Third-Party Links
15. Children’s Use of Our Platform
16. Correction of Personal Information; Cancellation; Reporting Misuse
17. Changes to Our Platform Privacy Policy
18. Platform Terms of Use
19. Translations
20. Contact Information

Platform Access and Account Creation

We are a technology company that delivers services and information through a telehealth platform that provides access to health care providers specializing in virtual care services such as general medicine, primary care, behavioral health and more. Our role is limited to making certain telehealth related information available to you and facilitating your access to telehealth services.

Our Platform is intended to be used only by authorized users in the United States. Authorized users are natural persons who have been specifically identified for onboarding and use of our Platform by a CLEVER business partner or customer. If you do not qualify as an authorized user, then you must not access or use our Platform.

Prior to accessing our Platform, you will be required to register with us and create an account with us or to link an existing account to our system (collectively, an “Account”). In connection with Account creation, we ask for Personal Information such as your legal name, date of birth, identification number linking you to a CLEVER business partner or customer, Social Security Number (SSN), mailing address, telephone number (including mobile number), and email address to verify your eligibility for our Platform and to ensure appropriate access and usage of our Platform are granted. We and our licensors, affiliates, business partners and customers may have access to the Personal Information you provide in connection with creation of your Account. If you did not register to access our Platform and believe an Account was created in error, please contact us immediately at: support@cleverhealth.ai.

What is "Personal Information"

Personal Information is generally any information that either directly or indirectly identifies, relates to, or describes a particular individual or household, or is reasonably capable of being associated with or could reasonably be linked to a particular individual or household. What is considered to be Personal Information may depend on where you live and the laws that apply to the data that we may collect about you. Information that does not identify you is not your Personal Information for purposes of this Platform Privacy Policy. De-identified information is also not considered your Personal Information.

Personal Information We Collect About You

We collect several types of information about users of our Platform, including:

• Personal Identifiers. We may collect identifiers such as your first/middle/last name(s) (real name and alias), signature, postal address, SSN or other unique personal identifier, online identifier, email address, mailing address, telephone number (including a mobile phone number), and Internet Protocol (IP) address.
• Demographic Information. We may collect demographic information such as your age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, and veteran or military status.
• Shared Personal Information. We may collect any other information you share on our Platform or give our Platform permission to access that could be used to identify you. We may also collect Personal Information from public sources or other third parties’ sources that are authorized by the laws that apply to them to share Personal Information with us.
• Device Information. We may collect information about the device and browser you use to access our Platform.
• Internet or Other Similar Network Activity. We may collect information about your activity on our Platform, such as your browsing history on our Platform, search history on our Platform, and browser information. We typically collect this information from our use of automated technologies to help us design our Platform, to identify popular features, and for other managerial and business purposes.
• Sensory data. If you call us about our products or services, or ask us to call you, we may record your call with the CLEVER representative. We also may collect electronic communications you send us in connection with our Platform, such as emails and text messages. Please read the Section on Consent to Electronic Communications in our Platform Terms of Use to learn more about how we may communicate with you.
• Other information. We may also collect other information that is about you, but generally does not identify you individually, such as your browsing activity on our Platform.

How We May Collect Your Personal Information

We may collect Personal Information and other information about you in different ways, including:

• Directly From You. For example, Personal Information that you provide in conjunction with Account creation, Registration and Payment, by filling informs on our Platform, completing surveys or reviews about CLEVER, or when you email, text message or call us. This includes Personal Information provided at the time of requesting access to our Platform. We may also ask you for information when you report a problem with our Platform or otherwise contact us.  You represent and warrant that you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with our Platform services; and that the information you supply to us is true, correct, and complete.
• Personal Information and Other Information We Collect Automatically as You Navigate Through Our Platform. As you navigate through and interact with our Platform, we may use automated technologies to collect certain information about the device and the operating system your device uses (e.g., example Android versus IOS) to access our Platform and collect analytical and user data information used to identify you in order to track usage information browsing actions and patterns, including details of your visit to our Platform and the resources that you access and use on our Platform.
• Personal Information and Other Information We Obtain From Third Parties and Public Sources. We may also obtain information about you from our licensors, affiliates, business partners, customers, contractors and other third parties in connection with our Platform or through other means if they are permitted by the laws that apply to them to share this information with us. For example, your employer sponsored health plan that has contracted with us to give you access to our Platform may provide us with your name and demographic information and such other Personal Information as necessary to confirm you are eligible for our Platform. We may also obtain information from public sources.
• Access To Other Applications and Data on Your Device. With your permission, our Platform may request access to other data or applications on your device, such as your device’s camera, photo library, contacts, location services, defaults (such as Siri and search, notifications, background platform refresh, cellular data, storage), phone dialing (for example, to call us directly) or text messaging application (such as, your “Short Message Service” or “SMS”). You can take back your permission by accessing our Platform in your device’s settings.
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  For more instructions on how to access these permissions in your device’s settings go to:
       iPhone: https://support.apple.com/en-us/HT203033
       Android: https://support.google.com/googleplay/answer/6270602?hl=en

You can choose not to allow us to collect or have access to this information, but if you decline to provide certain Personal Information such as information necessary for Account creation, to verify your eligibility to use our Platform or fail to grant access to certain other applications on your device, then you might not be able to use our Platform or access its full functionality.

How We May Use Your Personal Information

We may use Personal Information that we collect about you, or that you provide to us, for one or more of the following purposes:

• To fulfill or meet the reason you provided the Personal Information, including to facilitate registration with us and Account creation, and to provide our services to our business partners and customers who have authorized you to have access to our Platform;
• To communicate with you as described in the section on Consent to Electronic Communications in our Platform Terms of Use
• To operate our business;
• To provide support for, personalize, and develop our Platform, products and services to you, including your use of interactive features on our Platform and for our own benchmarking and analysis;
• To create, maintain, customize, and secure an Account with us;
• To provide you with customer service support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our interactions with you;
• To help maintain the safety, security, and integrity of our Platform and services, databases and other technology assets, and business;
• For testing, research, analysis, and product development, including to develop and improve our Platform, products and services;
• To respond to law enforcement requests, subpoenas, or other legal processes, or as otherwise required by law, by court order, or to respond to a governmental/regulatory request;
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or a similar proceeding, or as part of a financing transaction;
• To comply with our legal obligations or to protect our interests, property or legal rights, or those of our customers or third parties, such as to enforce our Platform Terms of Use or to exercise or defend legal claims;
• To detect and prevent fraud and other prohibited or illegal activity;
• To notify you about changes to our Platform or any products or services we offer or provide though our Platform;
• In any other way we may describe when you provide the Personal Information; and
• For any other purpose with your consent.

We may use information that does not identify you without restriction, unless we are required by applicable law to restrict how we use that information.

How We May Disclose Personal Information About You

We may disclose Personal Information that we collect, or that you provide to us, as described below for the following business purposes:

• To a parent organization, subsidiary or affiliate;
• To your health care provider(s) or employer sponsored health plan(s) for treatment, payment and health care operations purposes, and any other purposes permitted or required by applicable law;
• To our contractors and other third parties that we use to support our business, such as by helping us to operate and manage our Platform and to provide our services. They may also include without limitation our professional advisors who may provide us with legal, compliance, accounting, banking, or consulting services. They may have access to your Personal Information to provide these services. We implement reasonable protections on their use of Personal Information;
• To companies or other entities in connection with, or during the negotiations of, any merger, divestiture, restructuring, reorganization, dissolution, acquisition, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or a similar proceeding, or as part of a financing transaction;
• To comply with any law, court order, subpoena, request from law enforcement or other legal processes, including but not limited to responding to any government or regulatory request, or when we believe in good faith that the disclosure of Personal Information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of this Platform Privacy Policy or other applicable terms;
• To enforce or apply our Platform 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 CLEVER, our affiliates, licensors, business partners and customers, or others;
• To fulfill the purpose for which you provide it;
• For any other purpose disclosed by us when you provide the information; and
• At your direction or with your consent.

We do not knowingly sell your Personal Information to third parties. We will also not use or disclose information received for advertising, marketing, or other use-based data mining purposes.

Please note that de-identified data is not your Personal Information. De-identified data is information that does not contain any Personal Information about you or your household and for which there is not a reasonable basis to believe that it can be used to identify you. We may use and disclose de-identified data as permitted by the laws and contracts that apply to us.

Controls for Do-Not-Track Features

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Platform Privacy Policy.

HIPAA and Your Personal Information

Some of the information we collect about you is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) and its implementing regulations. We are providing this Platform to you on behalf of your employer sponsored health plan (or a third party that works on behalf of, or provides services to, your employer sponsored health plan).

Your employer sponsored health plan and health care providers may share your Personal Information and other information with others, including other health care providers, if they are permitted to do so under the laws that apply to them. We cannot control how your health plan or your health care provider uses or shares your Personal Information or other information. Please read your health plan and your health care provider’s HIPAA Notice of Privacy Practices for more information on how your PHI can be used and disclosed under HIPAA. If you have any questions or concerns about how your health care provider or health plan is managing your information, please contact them directly.

We also may not be permitted by your employer sponsored health plan to provide you with all in-Platform functionality described in this Platform Privacy Policy or Platform Terms of Use. That is because under HIPAA we may be a “business associate” of your employer sponsored health plan and thus can only use your Personal Information as permitted by your employer sponsored health plan. If your health care provider or your employer sponsored health plan permits us to do it, we may also de-identify your Personal Information using the HIPAA safe harbor method or the expert statistician method of de-identification. We may combine your PHI with Personal Information that we have either obtained from you or through a third-party, such as your health care provider employer sponsored health plan.

How We Protect Your Personal Information

We take reasonable steps to keep your Personal Information secure and to protect against the loss, misuse, or alteration of your Personal Information on our Platform. Although we have these security measures in place, it cannot guarantee your privacy. The transmission of information over 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 Platform. Any transmission of Personal Information is at your own risk. We are also not responsible for circumvention of any privacy settings or security measures contained on our Platform.

Please also be aware that personal email and text messaging on your device’s SMS (or other text messaging applications) are not secure (not encrypted) methods of communication with us. There is the risk that email messages and text messaging on your device’s SMS (or other text messaging applications) could be intercepted or read by other people. If you email us, we will respond to you by email and that email communication may not be secure (not encrypted) if it is not done through a secure messaging feature on our Platform. Please do not use unsecure e-mail or text message to communicate with us about confidential matters. By using our Platform, you are agreeing to accept these risks and consent to receive unsecure communications under these circumstances. To learn more about how we may communicate with you electronically please read our Consent to Electronic Communications in our Platform Terms of Use.

Retention of Your Personal Information

We may store the Personal Information and other information we collect about you for as long as we need it to provide our Platform to you and to the extent necessary to comply with our legal and contractual obligations (for example, if we are required to retain your data to comply with laws that apply to us), resolve disputes, and enforce our legal agreements and policies. We may continue to store this information and use it as allowed under this Platform Privacy Policy after your Account is deactivated or terminated.

Consent To Processing of Personal Data in the United States and Transfer of Personal Information

We are based in the United States and this Platform is intended for use only by residents of the United States. If you are a citizen of the European Economic Area (EEA) or other jurisdiction outside of the U.S., please note that in order to provide our Platform to you, we may send and store your Personal Information (also commonly referred to as personal data) outside of the EEA, including to the U.S. Accordingly, your Personal Information may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection for your Personal Information. By using and accessing our Platform, users who reside or are located in countries outside of the United States agree and consent to the transfer to and processing of Personal Information on servers located outside of the country where they reside, and that the protection of such information may be different than required under the laws of their residence or location.

Third-Party Links

The Platform may contain links to third-party owned or operated sites (collectively, “Linked Sites”). This Platform Privacy Policy and the practices that we follow under this Platform Privacy Policy do not apply to Linked Sites. We are not responsible for the content, accuracy, or opinions expressed on any Linked Site or for the privacy practices or security standards used by third parties on such Linked Sites. These Linked Sites have separate privacy and data collection practices, and we have no responsibility or liability relating to them. Accordingly, if you use Linked Sites through our Platform, or share information about your experience on our Platform with others, these Linked Sites may be able to collect information about you, including information about your activity on our Platform. You understand and agree that by clicking on a link to a Linked Site or using a Linked Site as described above, this Platform Privacy Policy, as stated on our Platform, is no longer in effect because you have either left our Platform or used a Linked Site to interact with our Platform.

Children’s Use of Our Platform

Our Platform is not directed at and not intended to be used by any children under the age of thirteen (13). You must not use our Platform if you are a child under the age of thirteen (13). A parent or guardian is required to provide consent for us to collect, use, or share personal information from a child under the age of thirteen (13). Your employer sponsored health plan may require you to be at least eighteen (18) years of age or older in order to use our Platform.

We do not knowingly collect or solicit any information from any children, including but not limited to children under the age of thirteen (13), or knowingly allow such children to use our Platform. If you believe we may have received Personal Information through our Platform from a child who is under the age of thirteen (13), or if you are seeking to delete Personal Information from a child who is under the age of thirteen (13), please contact us at: support@cleverhealth.ai. Removing information posted to our Platform does not guarantee complete or comprehensive removal of the content or information posted.

Correction of Personal Information; Cancellation; Reporting Misuse

Please contact us at support@cleverhealth.ai to:

• Request that we correct, delete, or change Personal Information;
• Cancel your Account and participation in our Platform; or
• Report misuse or an unauthorized disclosure of Personal Information.

It might not be possible for us to correct, delete, or change Personal Information that has already been shared.

Please contact us immediately at support@cleverhealth.ai if you believe there is any non-compliance with this Platform Privacy Policy.

Changes to Our Platform Privacy Policy

We may change our Platform Privacy Policy at any time and for any reason. You can access the most current version of our Platform Privacy Policy through our Platform. You can also contact us for a copy. Any changes to this Platform Privacy Policy will be effective immediately upon posting and you agree to the new posted Platform Privacy Policy by continuing your use of our Platform. It is your responsibility to check periodically for any changes we may make to our Platform Privacy Policy. If you do not agree to the changes, you must stop using our Platform immediately.

Platform Terms of Use

Your use of our Platform is also subject to our Platform Terms of Use. Any disputes related to this Platform Privacy Policy will be governed by the applicable provisions of our Platform Terms of Use, which are incorporated into this Platform Privacy Policy by reference.

Translations

This Platform Privacy Policy is written in the English language. We do not guarantee the accuracy of any translated versions of this Platform Privacy Policy. To the extent any translated versions of this Platform Privacy Policy conflict with the English language version, the English language version of this Platform Privacy Policy will control.

Contact Information

If you have questions about this Platform Privacy Policy and privacy practices or the use of your information, please contact us at: support@cleverhealth.ai