INTELICHART, LLC - PRIVACY POLICY

This Privacy Policy (“Privacy Policy”) provides information about the practices of InteliChart, LLC (together with its parents, subsidiaries and affiliates, “InteliChart”) with regard to collection, use, and disclosure of information that you or third-party service providers may provide by using one or more of the products, applications and services (collectively, the “Solutions”) made available via InteliChart’s websites (including any successor URL, sub-domain and/or any syndication of the foregoing, collectively, the “Sites”), online subscription services (“Online Services”) and/or downloadable mobile applications (“Mobile Applications” and, together with the Online Services and Mobile Applications, the “Platforms”). All capitalized terms used but not otherwise defined herein have the meanings set forth in the Terms & Conditions of Use applicable for the Solutions (the “Terms” and, together with this Privacy Policy, the “Agreements”). The Agreements set forth the legally binding terms for your use of the Solutions.

1. Your Agreement with InteliChart.

• The Solutions are owned by InteliChart. The Solutions allow individuals to store and access their personal health information conveniently over the Internet servers maintained by InteliChart or on its behalf. Some Solutions also have the additional capability of allowing individuals to interact and communicate with their healthcare providers that are clients of InteliChart (each, a “Participating Provider,” and collectively, the “Participating Providers”). By using the Solutions, you agree with the terms of this Privacy Policy.

InteliChart may update this Privacy Policy by revising the “Last Updated” date at the top of this Privacy Policy. Your continued use of any Solution after the posting means that you accept the updated Privacy Policy.

2. Your Information.

• Creating an Account. To store your information in any Solution, you need to create an account. When you create an account, you are asked for an email address and password(s), which protect your account from unauthorized access.

• Accessing and Editing Your Information.

• The security of your information is of utmost importance to InteliChart.

• By default, in each Solution, (i) InteliChart has the right to access, use and distribute your information to third-party service providers (each, a “Licensor” and, collectively, the “Licensors”), including without limitation, providers operating health and wellness-related services, applications or web portals, and (ii) the Licensors have the right to view, analyze, assemble, compile and/or aggregate such information with information from other individuals, but InteliChart will not share your information in a form that would be reasonably likely to be personally identifiable without your explicit and prior permission.

• Additionally, by default, in each Solution other than the Personal Health Records (PHR) Portal (the “PHR Portal”), each of your Participating Providers has the right to (x) access, view, retrieve, modify and update health and other information, which may include personally identifiable health information, in your Solution account, (y) import such information from your Solution account to its own electronic health record(s) and vice versa and (z) otherwise share such information with your other Participating Providers.

• By contrast, in the PHR Portal, you are the only user who can edit your personal health information.

• Notwithstanding the foregoing, in all such cases, InteliChart’s, each Licensor’s and each Participating Provider’s rights are subject to the terms of the Agreements, any applicable service and/or product license agreements between InteliChart and any Participating Provider, Licensor, client or other entity (each, a “Master Services and Product License Agreement”), InteliChart’s HIPAA Policies and Procedures and any related internal privacy and security policies (collectively, the “HIPAA Policies and Procedures”), any business associate agreement between InteliChart and any Participating Provider, Licensor, client or other entity (each, a “Business Associate Agreement”), and applicable law.

• [In addition to the foregoing, solely with your authorization, at your specific direction, and subject to the InteliChart Open API Terms of Use located at: https://openapi.intelichart.com, InteliChart may permit third-party Developers offering their own Applications to access your information (including your health information) through the InteliChart Open API for the purpose of presenting that information to you directly through such Developer’s Application.]

• Retained Copies. Even if a Licensor, Participating Provider or other third party no longer has access to your information through the Solutions, that party may have already seen or retained a copy of that information.

• Changing or Deleting Your Information.

• In the PHR Portal, you can change or delete your information at any time. Changes or deletions take effect immediately in your PHR account, but backup copies of such changed or deleted information may exist after the change or deletion.

• In the other Solutions, you can change or delete your information at any time, but such changes or deletions must be approved by your Participating Provider. As such, until such changes or deletions are approved by your Participating Provider, your information in such Solutions may not be synched with your Participating Provider’s electronic health record(s). Note that even after changes or deletions take effect in your Solution account, backup copies of such changed or deleted information may exist after the change or deletion, including backup copies located in your Participating Provider’s electronic health record(s).

3. How InteliChart Uses Your Information.

• InteliChart’s servers automatically record log information about your use of the Solution (e.g., the number of times you log in or click on a certain link). This information is temporarily stored in association with your account for thirty (30) days, at which point it is no longer associated with your account. This log information is used to operate and improve the Solutions.

• InteliChart uses aggregate data to publish trend statistics and associations. This aggregate data cannot be used to identify an individual personally, but InteliChart may use this information for any variety of reasons, including (i) delivering clinical analytics to your Participating Provider(s), (ii) profiling for drug trial recruitment, (iii) working with suppliers for practice profiling, (iv) biosurvelliance, and (v) delivering targeted educational information and advertising back to you.

• InteliChart may hire other companies to provide limited services on its behalf, such as website hosting, mailing, and marketing. If InteliChart provides personal information to such companies, InteliChart only provides the personal information needed to deliver the service. Those companies are required to maintain the confidentiality of the information and are prohibited from using that information for any other purpose.

• InteliChart may disclose your personal health information if required to do so by applicable laws or regulations. InteliChart may disclose your information if it reasonably believes that such action is necessary (i) to comply with the law or with legal process served on InteliChart, its officers, directors, employees, agents, Licensors and suppliers, or the Solutions; (ii) to protect and defend the rights or property of InteliChart and its parents, subsidiaries and affiliates; or (iii) to act in circumstances to protect the safety of users of InteliChart products or the public at large.

4. How You Can Share Your Information With People You Trust.

• You can view a list of who has access to your information.

• The Solutions may offer users, from time to time, the opportunity to register for surveys, clinical trials and other research-related activities by requesting that users complete a form authorizing the release of contact information.

• If any Licensor, Developer, Participating Provider or other third party accesses your information and stores a copy of your information, that copy is governed by the Licensor’s, Participating Provider’s or other third party’s privacy policy. InteliChart is not responsible for the content, performance or privacy policies of any third parties.

• Some of these third-party service providers are governed by federal and state health privacy laws, such as the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder (“HIPAA”). Those laws govern how they may use and share your information. Certain third-party service providers are subject to the terms of a Master Services and Product License Agreement with InteliChart, and the third-party service providers that are “Covered Entities” under HIPAA are also subject to Business Associate Agreements with InteliChart. Such “Covered Entities” are also subject to their own HIPAA policies and procedures. By accessing and using the Solutions (and as outlined in the Terms), you authorize the “Covered Entities” to send information to your Solutions account. With that authorization, you also grant your authorization to send certain types of health information (such as mental health records) that are protected by federal and state laws and that would otherwise generally require special authorization. InteliChart is not a HIPAA “Covered Entity.” When you ask InteliChart to send your health information to others, you give InteliChart authorization to send that health information. However, any information that you provide directly to InteliChart is not protected by HIPAA but is subject to this Privacy Policy and the Terms.