This Privacy Policy discloses the practices of MendMe, Inc. (“MendMe”) and its predecessors licensors, beneficiaries, and/or affiliated medical practice entities (collectively, the “Companies”, “we”, or “us”), concerning information we obtain by and through your use of the MendMe website (“Website”) and the services provided (the “Services”). The companies are committed to respecting your privacy and recognizing your need for appropriate protection and management of personally identifiable information and health information you share with us. The purpose of this Privacy Policy is to explain the types of information MendMe obtains about users of the Website and/or Services, how the information is obtained, how it is used, how it is disclosed, how you can get access to this information, and the choices you have regarding our use of, and your ability to review and correct, the information. By using the Website and/or the Services, you are accepting and consenting to the use of your information as described in this policy. We will not accept any Personally Identifiable Information or Protected Health Information from you prior to providing you with this Privacy Policy. Please review this Policy carefully.

Please note, MendMe is an administrative and technology service provider that owns the Website.  MendMe has entered into contracts with certain independent health care providers who provide mobile, non-emergency general adult and pediatric health services (collectively, “MendMe Doctors”). Among other things, MendMe’s contracts with MendMe Doctors, licenses the Website to MendMe Doctors so to provide MendMe Doctors with the capability to receive, respond to and schedule requested visits.  MendMe does not provide any healthcare services, nor does it refer or recommend any physician or medical practice or any other medical provider or personel.

This Privacy Policy specifically applies to how MendMe collects, uses, and discloses the information you provide to MendMe or that MendMe obtains with your consent as a result of your use of the Website or your enrollment as a registered user with MendMe.  This Privacy Policy does not apply to information provided directly to MendMe Directors from you, or any other third-party on your behalf, which is covered by the Notice of Privacy Practices for MendMe Doctors.

When you register for the Website or enroll as a MendMe registered user (“Enroll”), or login to the MendMe website to create a profile, comment on articles, or complete surveys, we collect personal information that can identify you (“Personally Identifiable Information” or “PII”), such as your full name, email address, mailing address, telephone number, and credit card information for payment.  In addition to PII, MendMe may also collect the protected health information (“Protected Health Information” or “PHI”) of you or of an individual for which you are requesting health services. For example, when you use the Website to transmit a request for health services to be provided your specified location (a request for a “Visit”), you will be need to provide additional health information the individual for whom the visit is requested so that MendMe Doctors can assess the request and determine whether or not it has an appropriate and available medical provider (a “Provider”) and medical assistant (“Medical Assistant”) to respond to your request.  Another example of how MendMe may obtain your PHI and/or PII is you may grant permission for other third-parties to share your information directly with MendMe.

Ultimately, the information that MendMe collects varies depending upon how you use our Services and what permissions you give to us and other third-parties that also collect your PII and/or PHI. We will not use any PHI for any other purpose without your explicit authorization, or unless otherwise permitted or required by law. You may revoke, in writing, any such authorization at any time, except to the extent we have taken action in reliance thereon.

Notwithstanding, it is important to understand that MendMe does not have any independent access to MendMe Doctors detailed medical records of its patients that may be created as a result of a Visit.  To the extent MendMe Doctors integrates any of the information you provided to MendMe into MendMe Doctors’ medical record that is created as a result of a Visit, MendMe has no authority to access, delete or modify any portion of MendMe Doctors’ medical records of its patients.We do not knowingly enroll or collect information directly from children under the age of eighteen.

Please keep in mind that certain features on the Website may give you an opportunity to interact with us and others. These may include forums, message boards, chats, creating community profiles, and rating, tagging and commenting

on articles. When you use these features you should be aware that any information you submit, including your name, location, health issues, and email address, may be publicly available to others. We do not protect the privacy of and are not responsible for your disclosure of any information through these interactive features, including, but not limited to information that you might post related to a minor.

Also, whenever you voluntarily disclose anyone’s personal information on publicly-viewable web pages, that information can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information that you voluntarily post, so we encourage you to exercise discretion and caution with respect to information you choose to disclose through these interactive features. When an individual chooses to post information that will be publicly disclosed, he or she is responsible for all legal consequences. We are not responsible under any data protection laws for information that you voluntarily post on a site that can be accessed by others.

If you believe that we have violated your privacy rights, you should contact us at the mailing address or e-mail address provided below. You may also file a complaint with the government. See http://oag.ca.gov/contact/consumer-complaint-against-business-or-company for more information.

Cookies. Our Website may use cookies and other technologies to collect information. Cookies are small bits of information that our websites place on the hard drive of your computer. We may use cookies to facilitate your login processes; allow you to personalize and store your settings; collect usage information; determine our total audience size and traffic; and help us improve our sites by measuring which areas are of greatest interest to users.

Tracking and/or Analytics Services. We may use mobile Website tracking and/or analytics services. These services may record unique mobile gestures such as tap, double-tap, zoom, pinch, scroll, swipe and tilt but do not collect personally identifiable information that you do not voluntarily enter in the Website. These services do not track your browsing habits across mobile Websites that do not use the same services. We are using the information collected by these services to understand user behavior and optimize site performance.

Web Beacons. We may also use web beacons (invisible images often referred to as pixel tags or clear GIFs) in order to recognize users and assess traffic patterns, and we may include web beacons and cookies in our email messages in order to count how many e-mail messages have been opened.

Non-Personally Identifiable Information. We also collect Non-Personally Identifiable Information that is not health information or medical information in the form of statistics and information regarding the Website user’s statistics and metrics obtained from third party devices (for example, steps, distance, calories burned, GPS coordinates, bat speed, hand speed, swing time, etc.), which may be combined with personal information you submit through the Website and/or Services so that you can fully enjoy the benefits of the Website’s tracking, monitoring, and diagnostic tools. We may also request the following optional information as part of your profile so that you can fully enjoy the features and functions of our Services: your weight, height, and gender.

Mobile Device Information. Your use of the Website may also include collection of information from your mobile device. For example, the Website may request your permission to collect location data and/or may request access to multimedia (photos or videos) stored on your mobile device. You have the option of declining collection of geolocation data, but this may limit your ability to participate in certain activities through the Website. If you do not wish for your location data to be shared with MendMe, please respond accordingly when prompted on your mobile device, or visit your mobile device settings. Multimedia will only be collected from your device if you affirmatively select it to upload to the Website (i.e. you choose an image or video to store within the Website). Multimedia will not be shared with other Website users (with the exception of your profile photo, to the extent such feature is offered, which will appear in your user profile).

Subject to this Privacy Policy, the Terms of Service, and applicable terms and conditions of third-party Websites, all data transmitted through the Website or website is owned by MendMe; provided, however, that PHI that you provide for the purpose of scheduling a Visit with a Medical Practice will be solely owned by the Medical Practice. To the extent MendMe is precluded from owning data transmitted through the Website, you grant MendMe a perpetual, worldwide, royalty-free license to use such data (with the exception of PHI) to the extent necessary to enable use of the Website, the website, and Services. Generally, we may use information in the following ways:

For the purposes for which you specifically provided it including, without limitation, to enable us to process your registration, provide the Services or other requests.

To transmit a request for a Visit per your request.

To send you information about your relationship or transactions with us.

To notify you about our products, services, and special offers, except that we will not use PHI for marketing purposes without your prior written consent for yourself or your minor child.

To otherwise contact you with information that we believe will be of interest to you.

To enhance or develop features, products and services.

To allow us to personalize the content that you and others see on the Website.

To provide advertisers and other third parties with aggregate information about Website users and Website usage patterns.

To allow other select companies to send you promotional materials about their products and services, provided that no PHI will be used for this purpose without your prior written consent.

We use non-Personally Identifiable Information for purposes such as measuring the number of users of various features of the Website, making the Website more useful to users and delivering targeted advertising and non-advertising content. We may also use Non-Personally Identifiable Information (for example, statistics regarding use and metrics) for research purposes, for marketing and promotional purposes, and to develop new learning tools and solutions and we may share such information with third parties, including researchers and/or advertisers, on an aggregate and anonymous basis. We use IP addresses to analyze trends, administer the Website, track a visitor’s movement, and gather demographic information for aggregate, non-personally identifiable use.

You acknowledge that unless you request in writing otherwise, we, in our sole discretion, has the right but not the obligation to store any information, whether Personally Identifiable Information or otherwise, perpetually, to the extent permitted by law. If you wish for any information about you to be removed from our database, please contact us through the contact information provided below in the “How to Contact Us” section of this Privacy Policy.

Except as otherwise described in this Privacy Policy, or if we inform you otherwise at the time of data collection and receive your consent where required, we will not sell, trade, or share your information with third parties.

Visits: We will share your information, at your direction, to transmit a request for a Visit with MendMe Doctors. The Provider and/or other representative of MendMe Doctors may contact you prior to the Provider being dispatched to your location, to ensure that he or she is equipped to handle your medical case. MendMe Doctors treatment of your information is subject to MendMe Doctors own policies and procedures. Any PHI that we collect and save from you will be kept private and secure, as required by law.

With Affiliates: We may share your information with affiliated companies and businesses, provided that your PHI will not be shared for any marketing purposes without your prior written consent, in accordance with applicable law.

With Service Providers: We may use other companies to perform services including, without limitation, facilitating some aspects of our Website such as processing credit card transactions sending emails, fulfilling purchase requests, and data analysis on our behalf. These other companies may be supplied with or have access to your information solely for the purpose of providing these services to you on our behalf. Such service providers shall be bound by appropriate confidentiality and security obligations, which may include, as applicable, business associate contract obligations.

With Business Partners: When you make purchases or engage in promotions offered through our Website, we may share PII, but not your PHI, with the businesses with which we partner to offer you those products, services, and promotions. When you accept a particular business partner’s offer, you authorize us to provide your information to that business partner.

Special Circumstances:

We also may disclose your information:

In response to a subpoena or similar investigative demand, a court order, or other request from a law enforcement or government agency where required by applicable law.

When disclosure is required or allowed by law in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Website’s terms and conditions or other agreements or policies.

In connection with a corporate transaction, such as the sale of all or a portion of our business, a divestiture, merger, consolidation, or asset sale, or in the event of bankruptcy, as required or allowed by law.

Certain Medical Practices and Physicians may be subject to laws and regulations governing the use and disclosure of health information they create or receive. Included among them is the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health of 2009 (“HITECH”), and the regulations adopted thereunder, and applicable state laws. When MendMe stores, processes, or transmits “individually identifiable health information” (as such term is defined by HIPAA) on behalf of such a health care provider, MendMe does so as its “business associate” (as also defined by HIPAA). MendMe is prohibited from, among other things, using individually identifiable health information in a manner that the health care provider itself may not. MendMe is also required to, among other things, apply reasonable and appropriate measures to safeguard the confidentiality, integrity and availability of individually identifiable health information we store and process on behalf of such health care providers.

We use commercially reasonable administrative, technical, and physical measures to safeguard your information in our possession against loss, theft and unauthorized use, disclosure or modification. We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. No method of transmission over the internet is 100% secure, however. Therefore, while we strive to make all reasonable efforts to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. In the unlikely event of a data breach, you will be notified as soon as reasonably possible, in accordance with applicable law. Furthermore, we are not responsible for any breach of security or for any actions of any third parties that receive the information.

Certain of the administrative, technical, and physical measures in place are as follows. MendMe’s infrastructure is kept in a secured data center that protects from unauthorized access to the physical servers, backups and any element used to store and/or process personal data. Only authorized personnel can access the data center. MendMe systems and databases are backed up regularly to help protect the data in case of an uncontrollable catastrophe. The data center that stores MendMe servers has policies and procedures in place designed to safeguard the equipment that our data is stored on. MendMe regularly upgrades its system software to include the latest security features. MendMe servers are protected by a firewall system, which is designed to keep unwanted traffic or access out of our computer network. MendMe also employs an intrusion prevention service (IPS) provided by a secured data center operated by a professional company, and uses security methods to determine the identity of each registered user, so that appropriate rights and restrictions can be enforced for that user. Reliable verification of user identity is called “authentication.” All communication between MendMe’s Web server, your browser and the Website is encrypted with SSL (Secure Sockets Layer) to guard against network eavesdroppers. Your password is internally encrypted in MendMe’s system to prevent unauthorized access to the system. Validations are built throughout the Website to capture the most reliable information. Only the last 4 digits of your credit card number is stored on our servers.

You have the ability to review and update your personal information by visiting the account management section on the Website. You can also review and update your personal information by contacting us at the email address provided below in the “How to contact us” section of this Privacy Policy.

From time to time we may revise this Privacy Policy. If we make revisions that change the way we collect or use your information, those changes will be posted in this Privacy Policy and the effective date will be noted at the end of the Privacy Policy. Therefore, you should review it periodically so that you are up to date on our most current policies and practices. If we make material changes to our practices regarding use of your information, your information will continue to be governed by the Privacy Policy under which it was subject prior to those changes, unless you have been provided notice of, and have not objected to, the changes.

We support and comply with the Children’s Online Privacy Protection Act (COPPA) and we do not knowingly collect information from children under the age of 18, nor do we share such information with third parties. Children under the age of 18 may not use the Website. If you seek a Visit for a minor, you will be responsible for providing information related to the minor and for paying for the Visit requested for the minor.

Our Website or website may contain links to websites or Websites operated and maintained by third-parties, over which we have no control. Privacy policies for these third-party sites and Websites may be different from our Privacy Policy. You access these third-party sites and Websites at your own risk. You should always read the privacy policy of a linked site or Websites before disclosing any personal information on such site and/or through such Websites. MendMe is not responsible for information you submit to third-parties.

If you have any questions, comments or concerns about our Privacy Policy, you may contact us at legal@mendme.com.

This Privacy Policy is effective as of January 1, 2019.