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 EVERMIND DIGITAL HEALTH, INC.

PRIVACY POLICY

EFFECTIVE DATE: OCTOBER 7, 2019

At EverMind Digital Health, Inc, a Delaware C Corporation (“EverMind,” the “Company”, “we,” or “us”), your privacy is very important to us. The purpose of this privacy policy (this “Policy”) is to provide you with a description of the types of information we collect about you when you visit the Company web site located at www.evermindgroup.com and associated sub-domains, including without limitation www.e-pst.com (the “Site”) or use the products or services we provide through the Site, including without limitation our ePST® software as a service product (the “Service”), and how we use that information. This Policy only applies to information collected while you are on the Site or accessing the Service.

Information We Collect.  We collect and store information that you voluntarily provide to us as well as data related to your Site visit and use of the Service. The information we collect may be stored on our servers, and on the servers of third party service providers. We may collect or request  that you provide personally identifiable information, including your email address and other information from which your identity is or may be discernible, such as the IP address of your computer or mobile device, or the mobile device’s unique device ID.  In addition, we may collect certain aggregate information and analytical data related to your Site visit usage and use of the Service (see “Use of Cookies” below). Aggregate information is non-personally identifiable or anonymous information about you, and may include the date and time of your visit, your computer or mobile device browser information, the internet address that you visited prior to and after reaching the Site or Service, the name of the domain and host you used to access the internet, the type of mobile device you use, and the features of our Site and Service which you accessed. This data is not associated with your personally identifiable information.

If you decide to access the Service, we will collect information about your use of the Service and health information, which will be personally identifiable. All such data is handled according to the Health Information Portability and Accountability Act (HIPAA) regulations and other applicable law. More information about the data we collect when you use the Service and its use and storage is in the Terms and Conditions.

How We Use Information.  We use collected information to make available and to evaluate and improve our Site and Service.  We use such information to respond to inquiries or service requests and monitor such responses, resolve problems, manage the Site, develop new products and services, let you know about changes or improvements and enforce our terms and conditions. Some information we collect may be used to provide information about and market our Service, but your personally identifiable health information will not be used for marketing without your written consent.

If you have any questions regarding the foregoing, or our privacy practices, you may contact: info@evermindgroup.com.

Disclosure of Information.  We do not sell or rent or disclose personally identifiable information to third parties who are not affiliates of the Company without your consent to do so.  We may disclose personally identifiable information to third party service providers that perform functions on our behalf, such as companies or individuals that host or operate our Site, analyze data, perform email list management services or provide customer service.   We disclose information that we, in good faith, believe is appropriate to cooperate in investigations of fraud or other illegal activity.  We disclose information in response to a subpoena, warrant, court order, levy, attachment, order of a court-appointed receiver or other comparable legal process, including subpoenas from private parties in a civil action.  We may disclose information to your agent or legal representative (such as the holder of a power of attorney that you grant, or a guardian appointed for you). 

We are not limited in our use of non-personal information that does not permit direct association with any specific individual, or non-identifiable aggregate information about our users (such as the number of users of our Service and their aggregate outcomes from use of our Service). We may share aggregate (non-personally identifiable) information with companies that provide public relations and marketing services for us. 

As with any other business, it is possible that in the future we could merge with or be acquired by another company. If such an acquisition occurs, the successor company would have access to the information maintained by us, including customer account information, but would continue to be bound by this Policy unless and until it is amended. We may share aggregate (non-personally identifiable) information with certain third parties such as advertisers, industry organizations, and prospective affiliates.

Nature of Service.  EverMind provides a tool for assessing and improving behavior to assist people in learning effective strategies to manage life problems.  EverMind does not provide medical or psychiatric services, and the Service is not intended to supplant recommendations or treatment by a healthcare professional.

Unless otherwise agreed in your Terms and Conditions for use of the Service, your use of the Service is required to be supervised and monitored (“Supervised Use”) by one or more healthcare providers or other designees of your organization (“Healthcare Provider”). Your agree to Supervised Use whether or not a Healthcare Provider suggested that you use the Service, and whether or not you have met the supervising Healthcare Providers(s). Data derived from your use of the Service may be made available to your Healthcare Provider as described in detail in the Terms and Conditions for your use of the Service. Your Healthcare Provider is solely responsible for your care.  EverMind does NOT review data you input into the Service (“User Data”) on your behalf or on behalf of your Healthcare Provider. 

However, as described more fully in the Terms and Conditions, EverMind has the right to use all User Data that you input into the Service, which EverMind will use, among other things, to analyze, improve and demonstrate the effectiveness and performance of the Service, or to address any legal claims made pursuant to the Terms and Conditions. Also, if EverMind becomes aware of information pertinent to your safety or the safety of others, EverMind may convey this information to your Healthcare Provider, who has access to personally identifiable information and can act on it according to your sponsoring organization’s policies and as permitted by law.

If you have agreed to “Unmonitored Use” in your Terms and Conditions for use of the Service, you and your healthcare professionals are solely responsible for your care.  EverMind does NOT review data you input into the Service (“User Data”) on your behalf or on behalf of your healthcare professionals and is unable to communicate any information you input into the Service to them. If EverMind becomes aware of information pertinent to your safety or the safety of others, EverMind may convey this information to others who may act on it if legally required.

Use of Cookies.  “Cookies” are simple text files stored on your computer for use by a browser. Certain Site features may only be available through the placement of a cookie. We may use “cookies” to assist in data collection and to track visitor Site and Service usage and trends to help us better serve you. The use of cookies is a standard practice among internet web sites; most internet browsers permit a user to accept, decline or delete cookies. We may use persistent cookies to make it easier for you to navigate the Site and our Service.  Specifically, we may use persistent cookies to track whether you are logged into the Site or our Service. A persistent cookie may remain on your local device for an extended period of time. You can remove persistent cookies by following directions provided in your internet browser’s “help” file. We may set a persistent cookie to store how you came to the Site and what items you interact with. Persistent cookies also enable tracking and targeting the interests of our users to enhance their experience on the Site. If you reject cookies, you will still be able to view the Site, but your ability to use some areas of the Site may be limited. Some of our business partners (e.g., analytical tracking software providers) may use cookies and tracking technologies on the Site. We have no access to or control over these cookies or tracking technologies. This Policy covers the use of cookies on our Site and by us only and does not cover the use of cookies or tracking technologies by any such business partner.

Data Security.  All User Data are stored encrypted on secure cloud servers and are handled in accordance with US  data privacy laws. While we strive to use commercially acceptable means to protect your personal information, no method of transmission over the internet, or method of electronic storage, is 100% secure and we cannot guarantee its absolute security. In the event of an inadvertent disclosure of your personal information we will take all commercially reasonable steps to limit and remedy the disclosure as required by the applicable law. If you have any questions about security of our Site and the Service, please contact us in the manner set forth under the heading “Contact Us” below.

Age Limitation.  This Site and the Service are not directed to persons under the age of 18. We do not knowingly collect or solicit information from, or market to or accept services from, persons under the age of 18 years old. If we become aware that a person under the age of 18 has provided us with personal information, we take steps to remove such information.

Third Party Sites. The Site and our communications to you may contains links to other websites that may offer products or services that our customers might find useful. These sites may request information from you. In such instances, the collection and use of your personal information will be governed by the privacy policy applicable to that site. We do not control the privacy policies, content or links that appear on these sites. We encourage you to review the privacy policies of any third party sites or services before providing any of them with your personal information.

Effective Date; Policy Changes.  Each time you use the Site and our Service, the current version of the Policy will apply. Accordingly, when you use the Site or our Service, you should check the date of this Policy (which appears at the top of the Policy) and review any changes since the last version. Our business changes frequently and this Policy is subject to change from time to time. You are encouraged to check the Site regularly for any changes to this Policy. Unless stated otherwise, our current Policy applies to all information that we have about you. We will not materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.

Governing Law.  This Policy is governed by the laws of the State of Delaware, without giving effect to any principles of conflict of law. Your information will be processed and stored on servers located in the United States  and you consent to such processing and storage under the laws of the United States.

Your California Privacy Rights.  California Civil Code Section 1798.83 permits customers who are California residents and who have provided the Company with “personal information” (as that term is defined in Section 1798.83) to request certain information about the disclosure of that information to third parties for their direct marketing purposes. We will not disclose personal information to third parties without your permission. If you are a California resident with questions regarding this, please contact us in the manner set forth under the heading “Contact Us” below.

Contact Us.  To contact us with your questions or comments regarding this Policy or the information collection and dissemination practices of the Site, please contact us at info@evermindgroup.com or 1-617-858-0080.

 

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