Privacy Policy

1. DEFINITIONS

"Higi Service” means any websites, mobile applications, and other services orprograms under the control of Higi, including www.higicare.com and Higistations. The Higi Service provides a platform that gives you the ability to store,track and share your own Personal Information, including certain health-relatedinformation, and toaccess information and resources about your health andwellness.

“Personal Information” is information that identifies, relates to, describes, iscapable of being associated with, or could reasonably be linked, directly orindirectly, with you or your household, such as your name, email address, IPaddress, telephone number, and broader categories of information such as yourhealth information and internet activity.

“Body Measurements” means statistics, that we collect about you when you usethe Higi Service, such as weight, body mass index, body composition, bloodpressure and pulse measurements, and other similar information. BodyMeasurements are not Personal Information unless we are able to associate yourBody Measurements with your Personal Information or we can otherwiseidentify you by your Body Measurements.

“Answers” means the answers you provide to Higi when you take health riskassessments or respond to a questionnaire or survey that you take on a Higistation. Answers may include Personal Information.

“Your User Content” means the information (which may include PersonalInformation) that you may post, submit, upload, publish, display, transmit, orotherwise share with other users through the Higi Service.This may includedata, text, files, sound, photos, videos, graphics, artwork, comments, and “likes.”

2. PERSONAL INFORMATION WE COLLECT

Depending on how you use the Higi Service, we may collect the followingcategories of Personal Information from or about you:

Identifiers, such as your name, email address, Higi account password, date of birth, zip code, mailing address, and profile photo;
Customer Record Information, such as your gender, physical characteristics, your health or medical information, pharmacy information, account numbers, account information and Answers;
Protected Characteristics, such as your age, medical conditions, and disabilities;
Internet or other Electronic Network Activity Information, such as your interactions with the Higi Services;
Geolocation Information, which is information that can be used to identify your device’s physical location, such as its GPS coordinates, Wi-Fi, or Bluetooth technology;
Profile Information, such as your preferences, characteristics, and behaviors; and
Other Information that you provide while using the Higi Services.

HOW WE COLLECT PERSONAL INFORMATION

We collect Personal Information from you in two ways–(i) information that youprovide to Higi and (ii) information that we receive from third parties.

We collect the Personal Information that you provide to us:

• When you create or update your Higi account and profile we may collect from you your email address and your Higi account password, your date of birth, zip code, gender, a profile photo, your mailing address, your phone number or Answers or other information you add to your profile.
  
• When you use the Higi Service with your Higi account, including when you sign up to participate in a Higi program or a Higi partner program and you create a Higi account, we collect the kinds of Personal Information described below:
  

• Body Measurements taken on Higi stations. When you take a body measurement at a Higi station, we collect the results of the body measurement, like your weight, blood pressure, pulse, body mass index, body composition and height. In addition, we will also collect the location of the Higi      station where you took the body measurement and the time and date that you took the measurement.
  
• Survey, questionnaire and assessment responses. When you answer surveys, questionnaires or heath assessments on the Higi station, such as when you participate in a Higi or Higi partner program or when you answer questions aspart of a health risk assessment on a Higi station, we collect your answers and responses to those to surveys, questionnaires and assessments.
  
• Your posts on the Higi platform. We collect the information that you post on the Higi platform, which can include comments you post on our platform, likes of other posts, profile pictures shown when you post or communications that you may have with other Higi users on the Higi platform. When you post Your User Content, our employees and service providers may review them to categorize and add information about them. Your User Content will be publicly available, so do not post any information that you want to keep private.
  
• Communication with Higi. When you communicate with our customer support team, we may collect the information that you provide customer support to help resolve your problem or to answer your request, such as a telephone number for Higi customer support to return your call or text you, or information about your account or computer so that Higi can help you resolve your problem.
  
• Location Information from Your Mobile Device. We may collect your location information if you enable your mobile device to send it to us. Collection of this information may improve the provision of the Higi Service. For example, we can help you find the nearest Higi station.
  

• When you use the Higi Service without aHigi account or without providing an email address, we do not collect individualized results of any measurements, tests or assessments you do on a Higi station. We may retain your results in anonymized form for our internal use and for any other permitted use.
  
• When you use the Higi Service and provide uswith an email address, such as when you completea Higi health assessment, quiz or survey and provide us with your email to getanswers to a quiz, the results of a health assessment or survey or if you areinterested in getting additional information about a Higi topic or program, wecollect your email and your phone number so we can give you the information youwant and communicate with you. We may retain your results in anonymized formfor our internal use and for any other permitted use.
  

We also collect some Personal Information about you from third parties.

• From fitness devices you connect to your Higi account. If you have connected a fitness or health monitoring device to your Higi account and agreed to share information from the device with Higi, we collect the information that your fitness or health monitoring device account sends us when you use it, like the time and location of your fitness events, data about your steps, the distance you’ve run or biked, your blood pressure or weight.
  
• From vendors or partners. Our partners or outside vendors may provide us with information that we use to help us verify your identity and information, so we can connect you with Higi partners, communicate with you or make the Higi Service easier for you to use.
  
• From cookies, tags or other tracking technology. We and third parties that provide functionality on the Higi Service such asGoogle, collect information, about your use of the Higi Service, by using cookies, server logs, and other similar technology. This information may be used to improve the quality of the Higi Service and to help us understand how Higi users engage with the Higi Service.
  

We may combine the Personal Information from these sources with PersonalInformation that we already have in our possession.

4. HOW WE USE YOUR PERSONAL INFORMATION

We use the Personal Information that we collect to:

• Provide the Higi Service.We use the Personal Information we collect to operate, provide and personalizethe Higi Service. This includes, without limitation, using the information to:
  

• To enable you to access your Higi account and use the Higi Service, including linking your fitness or health monitoring devices to your account;
  
• For any purpose that you authorize us to use or share the PersonalInformation, such as to share your Personal Information with Higi partners whenyou participate in a Higi partner program;
  
• To enable you to communicate with other Higi users on the Higi platform, such as commenting on posts on the Higi platform, post likes of other posts or otherwise communicate with other Higi users on the Higi platform. When you post Your User Content, our employees and service providers may review them to categorize and add information about them. Your User Content will be publicly available, so do not post any information that you want to keep private.
  
• To anonymize and aggregate data, for use in improving and providing the Higi Service and for any other permitted purpose.
  

• Communicate with you. We use the Personal Information we collect to communicate with you about the Higi Service and to provide you with information and resources, including:
  

• To send you messages, by text, email or other form of communication, about the Higi Service, including updates, account management, security alerts, to verify your account, seek feedback from you about the Higi Service or other communications. about the Higi Service.
  
• To send you messages, by text, email or other form of communication, to provide you with information, offers and materials you may find useful or be interested in or to help you connect with Higi partners. These communications may be about information directly from Higi or messages sent by Higi on behalf of Higi partners. We may use your data, including Body Measurements andAnswers, to help us personalize what kinds of information, offers and materials would be most useful or interesting to you. We may send communications to you about products and services offered by our partners or third parties. Although we may send you communications about our partners’ products and services, we do not sell your personal data to, or share it with, such partners or others for their own direct marketing or advertising purposes, unless we have your consent.
  
• If you have a Higi account, you may change your preferences related tohow we communicate with you by changing your account settings at https://secure.higi.com/settings/notifications. You can also unsubscribe from receiving email from Higi by using the“unsubscribe “ link in emails from Higi or by replying [STOP] to any texts from Higi to stop receiving texts.
  
• To provide customer service to you. 
  

• To operate, maintain and improve the Higi Service. We also use the Personal Information that we collect to operate, maintain and improve our products and services. This includes, without limitation, using the information to:
  

• To protect, improve, and optimize the Higi Service, such as system maintenance, performing analytics and testing, fraud detection, verification of account users, troubleshoot and to monitor the Higi Service performance, usage and activity trends.
  
• For informational and operational purposes, such as account management, customer service, or system maintenance. We do not rent, sell, or sharePersonal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we obtain your consent. We also may use your Personal Information and other information to communicate with you by email or text message to provide you with information we think may be of interest to you. We will send you text messages only with your consent, and you may opt out of emails by using the opt-out link in an email or you can unsubscribe in your Higi account settings.
  

• Aggregate Data. We may anonymize and aggregate data collected through the Higi Service and use it for any purpose. Such anonymized or aggregated data does not identify you individually.
  

While we may use Personal Information we collect for marketing or other purposes as described in this Privacy Policy, we will not rent, sell, or share Personal Information about you with third parties to directly market to you unless we obtain your consent.  We also will not share Body Measurements for off-site marketing purposes unless we obtain your consent. We do not sell Personal Information about you to other people or nonaffiliated companies, unless we have your permission. We also do not provide any Personal Information to any third-party ad networks.

5. WHO HIGI SHARES INFORMATION WITH

We may share the Personal Information we have collected with:

• The parties you tell us to share it with. The Higi Service allows you to tell Higi to share your Personal Information with third parties, like a healthcare provider, a community organization, or a Higi partner, so you can participate in programs or access services offered by that third party or to allow that third party to communicate with you.
  
• Our third-party service providers.  We may use vendors and service providers to help us operate, deliver and maintain the Higi Services. We may share Personal Information that we have collected with our service providers and vendors so that they can provide the services we use from them to provide the Higi Services. Our policy is to prohibit vendors and service providers from using your Personal Information for purposes other than providing services to us.
  
• To comply with legal obligations. We may access, preserve, and disclose Personal Information we have collected as well as Your User Content if we believe doing so is required or appropriate to:comply with any applicable laws, rules or regulations, to respond to law enforcement requests and legal processes, such as a court order or subpoena; respond to your requests; or to protect yours’, ours’ or others’ rights, property, or safety.
  
• When you post Your User Content to the Higi Service. When you post Your User Content to the Higi Service, Your UserContent may be displayed on the Higi Service to other Higi users. Other users of the Higi Service also may be able to see some Personal Information about youthat you have included in your profile, such as your first name, the first initial of your last name, city, state, and profile photo. If you include BodyMeasurement information in a post, please remember this information may be accessible to other Higi users. We are not responsible for privacy practices of the other users who will view and use the posted information.
  
• Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing, due diligence, reorganization, bankruptcy, receivership, sale of company assets, your PersonalInformation may be disclosed or transferred as part of such a transaction as permitted by law and/or contract. We cannot control how such entities may use or disclose such information. We may also disclose your Personal Information with your permission.
  
• De-Identified Data. We may share de-identified Body Measurements and other information we have collected with third parties for marketing, research or any other permitted purposes.
  

6. COOKIES, AUTOMATIC DATA COLLECTION AND RELATED TECHNOLOGIES

When you visit the Higi Service, we and third parties that provide certain functionality on the Higi Service, such as Google, may engage, receive and record information from Higi stations and server logs from your browser, including your IP address, and from cookies and similar technology.This information is used to improve the quality of the Higi Service, such as to store your preferences or customize the Higi Service. Higi will not share individualized Body Measurements for use in advertising and personalization outside of the Higi Service without your permission. A cookie is a small piece of text sent to your browser by a website that you visit, to help the website remember information about you, like your account settings. Most browsers allow you to block and delete cookies. However, if you do that, the Higi Service may not work properly. By using the Higi Service, you are authorizing us to gather, parse, and retain such data related to the provision of the Higi Service.

‍Do Not Track Signals: Higi does not track users over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT)signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, you can set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked.

7. SECURITY OF YOUR INFORMATION

We will retain and use your Personal Information as necessary to provide you the Higi Service, comply with our legal or contractual obligations, resolve disputes and enforce our agreements.  We take steps to ensure that your Personal Information is treated securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100%secure, and we cannot ensure or warrant the security of any information you provide to us.

By using the Higi Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Higi Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Higi Service or sending an email toyou. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at support@higi.com.

8. ACCOUNT DELETION

If you no longer desire to use the Higi Service, you may delete your account by going to https://secure.higi.com/settings/personal/, logging in to your higi account and selecting “Delete your Higi Account.”When you delete your account, you are requesting that your account and the Personal Information stored therein be permanently deleted from the Higi Service. You should only delete your account if you are sure you never want to reactivate it. Please note, certain Personal Information you have provided may continue to exist in de-identified or aggregate form that cannot be used to identify you.

9. CHILDREN’S PRIVACY

We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no part of the Higi Service is directed to children under the age of 13. If you learn that your child has provided us withPersonal Information without your consent, you may alert us at support@higi.com. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.

10. CALIFORNIA USERS

Under the California Consumer Privacy Act of 2018 (the “CCPA”), certain California residents have the following rights:

• Right to Know. You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. You can ask us to disclose to you any of the following:
  

• The specific pieces of Personal Information we have about you.
  
• The categories of Personal Information we have collected about you.
  
• The categories of sources from which that Personal Information was collected.
  
• The categories of your Personal Information that we sold or disclosed in the last 12 months.
  
• The categories of third parties to whom your Personal Information was sold or disclosed in the last 12 months.
  
• The purpose for collecting and selling your Personal Information.
  

Note that generally, Higi has collected and disclosed the categories of information identified in Section 2 (“PERSONAL INFORMATION WE COLLECT”) in the last 12 months. Higi has not and will not sell your Personal Information. If our practices change, we will update this Privacy Policy in accordance with Section 12 (“CHANGES TO OUR PRIVACY POLICY AND PRACTICES”) below.

• Right to Delete. You can request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and verify your request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies. If we deny your request for deletion, we will let you know the reasons why. If you exercise you right to delete, please understand that you may be unable to use or access certain features of the Higi Service.
  

To exercise the rights described above, please submit a request to us by visiting https://higi.com/ccpa-request-form/  or by calling us toll free at 866-818-8793.

We will take steps to verify your identity before processing your request to know or request to delete.  We will not fulfill your request unless you have provided sufficient information for us to reasonably verify you are the person about whom we collected Personal Information. If you have a Higi account, we may use our existing account authentication practices to verify your identity. If you do not have a Higi account, we may request additional information about you to verify your identity.

We will only use the PersonalInformation provided in the verification process to verify your identity or authority to make a request and to track and document request responses, unless you initially provided the information for another purpose.

You may use an authorized agent to submit a request to know or are quest to delete. When we verify your agent’s request, we may verify both your and your agent’s identity and request a signed document from you that authorizes your agent to make the request on your behalf. To protect yourPersonal Information, we reserve the right to deny a request from an agent that does not submit proof that they have been authorized by you to act on their behalf.

We will not discriminate against you for exercising any of your CCPA rights, however we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time. Shine the Light. California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our website 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 us an electronic message through our website or write us at our address listed on our website.

11. INTERNATIONAL USERS

By using the Higi Service, you will transfer data to the UnitedStates.  The Higi Service is designed for and intended for use only inNorth America.If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information you consent to any transfer and processing in accordance with this Policy. By choosing to use the Higi Service or visit Higi’s websites or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the state of Illinois and the adjudication of any disputes arising in connection with Company or the Higi Service will be in accordance with the Terms of Use.

12. CHANGES TO OUR PRIVACY POLICY AND PRACTICES

We may amend this Privacy Policy to reflect changes in the law or our practices. When we make changes to this Privacy Policy, we will post the updated Privacy Policy on our website and on the Higi Service and modify the“Last Updated” date. If we make material changes to this Privacy Policy, we will make reasonable efforts to notify you in advance, such as by emailing you at the address we have on file or posting a notice on the Higi Service. Your continued use of the Higi Service following the posting of changes constitutes your acceptance of the updated Privacy Policy. We encourage you to periodically review this page for the latest information on our privacy practices.

13. UPDATING YOUR INFORMATION, ASKING A QUESTION OR MAKING A SUGGESTION

If you have any questions or concerns about this Privacy Policy or the use of your information, or to modify or update any information we have received, please contact privacy@higi.com

‍You may contact us at:
‍Higi Health LLC
100 S. Wacker Drive Suite 1600
Chicago, IL 60606
support@higi.com