WellnessFX Privacy Policy

This policy contains eight sections, and you can jump to each by selecting the links below:

1. Introduction
2. How We Collect Your Information
3. How We Use Your Information
4. How We Share Your Information
5. Information You Share With Third Parties
6. How You Can Change or Remove Information
7. How We Protect Your Information
8. Changes to this Privacy Policy

1. Introduction

Welcome to www.wellnessfx.com (the "Site"), a website operated by WellnessFX, Inc. ("WellnessFX", "we", "us", or "our"). We operate an online wellness service enabling members ("Members") to purchase laboratory diagnostics, report their health history and engage healthcare providers ("Authorized Providers") to obtain advice regarding the results of such diagnostics and other wellness-oriented healthcare advice (the "Service"). Our Site provides further information about our Service. We know you are concerned about your privacy, so we developed this privacy policy ("Privacy Policy") to explain how we collect, use, and disclose information from and/or about you when you use the Site or the Services, whether you are a Member, Authorized Provider or simply visiting our Site ("Visitor").

Certain Definitions. So we are clear about the terms we are using, when we use the term "Personal Information" in this Privacy Policy, we mean information about you that is personally identifiable to you, such as your contact information (e.g., name, address, email address, or telephone number), and any other non-public information that is associated with such information (collectively, "Personal Information"). Also, when we use the term "De-Identified Information", we mean information that is neither used nor intended to be used to personally identify an individual. Lastly, when we use the term "Cookies", we mean the small pieces of information that a website sends to your browser while you are viewing a website.

No Information from Children under age 18. The Site is not directed to children and children are not eligible to use our Service. If you are under age 18, please do not attempt to use our Service or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under age 18, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 18, please contact us at support@wellnessfx.com.

Questions. If you have questions or concerns about our Privacy Policy, please contact us by sending an email to support@wellnessfx.com.

NOTE TO BETA USERS: If you are a beta user of the Service the beta agreement between you and WellnessFX has additional provisions regarding your personal information. In the event of a conflict between a provision in the beta agreement and this privacy policy, the provision in the beta agreement will prevail.

2. How We Collect Your Information

Member Information. We receive information related to a Member ("Member Information") when:

• You Provide Us Information, including when you register as a Member, schedule an appointment, or otherwise communicate with us through our Site. This information may include:
• Health Information (e.g. medical records, age, gender, health background, health status, prescribed and over-the-counter medications, Authorized Provider notes and diagnoses, medical ID number, driver0x2019s license number, laboratory testing results, insurance information);
• Personal Information;
• Demographic Information (e.g., ethnicity, marital status, sexual behavior, sexual orientation); and
• Lifestyle Information (e.g., salary and level of education information).
• Your Authorized Providers and Testing Laboratories Provide Information to Us (upon proper authorization from you);
• When You Interact With the Site, as further described here;
• We Create De-Identified Information. We do this by removing the information that personally identifies you from the Member Information otherwise collected.

Authorized Provider Information. We receive information related to an Authorized Provider ("Authorized Provider Information") when:

• You Provide Us Information, including when you register as an Authorized Provider, communicate with us through our Site, provide Authorized Provider notes on specific Members, send us an email or participate in a survey. This information may include Personal Information of the Authorized Provider.
• We Verify Your Credentials
• When You Interact with the Site, as further described here.

Visitor Information. We receive information related to a Visitor ("Visitor Information") when:

• You Provide Us Information, including when you communicate with us through our Site or send us an email. This information may include, without limitation, Personal Information of Visitor.
• When You Interact with the Site, as further described here.

Information We Collect When You Interact with the Site. As you use the Site or the Service, certain information may be passively collected by Cookies, navigational data like Uniform Resource Locators (URLs) and third party tracking services, including:

• Site Activity Information. We keep track of some of the actions you take on the Site, such as the content of searches you perform on the Site.
• Access Device and Browser Information. When you access the Site from a computer or other device, we may collect anonymous information from that device, such as your Internet protocol address, browser type and access times (collectively, "Anonymous Information").
• Cookies. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies to make the Site and Service easier to use, to make our advertising better, and to protect both you and WellnessFX. You can instruct your browser, by changing its options, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. If you do not accept Cookies, however, you will not be able to stay logged in to the Site.

The information we collect when you interact with the Site may be Personal Information (e.g., if you are logged in) or Anonymous Information.

How We Use Your Information

Member Information. We will use your Member Information to:

• Administer your account;
• Process your payments and fulfill your orders;
• Verify your identity as a Member;
• Provide you with the Service and customer support;
• Tailor the features, performance and support of the Site or the Service to you;
• Market our Service and those of third parties we believe may be of interest to you;
• Respond to your requests, resolve disputes and/or troubleshoot problems;
• Improve the quality of the Site and the Service; and
• Communicate with you about the Site and the Service.

In addition, we may use your Member Information or De-Identified Information to conduct research or allow others to do so, but only if you consent to the use of De-Identified Information for this purpose and, in the case of Personal Information, if you provide an additional consent to such use.

You can choose not to provide us with certain information, but this may limit the features of the Site or the Service you are able to use. You can also opt out of receiving certain optional communications from the Site such as our newsletters and advertisements by emailing us at support@wellnessfx.com. Please note that even if you opt-out, we may still send you certain Site and Service related communications.

Authorized Provider Information. We will use your Authorized Provider Information to:

• Administer your Account;
• Verify your identity as a Authorized Provider;
• Provide the Service to Members;
• Respond to your requests, resolve disputes and/or troubleshoot problems;
• Improve the quality of the Site and the Service; and
• Communicate with you about the Site and the Service;

Visitor Information. We will use your Visitor Information to:

• Market our Service and those of third parties we believe may be of interest to you;
• Respond to your requests, resolve disputes and/or troubleshoot problems;
• Improve the quality of the Site and the Service; and
• Communicate with you about the Site and the Service.

Anonymous Information & De-Identified Information. We may use your Anonymous Information and De-Identified Information created by us without restriction. For example, we may, through our use of Cookies, keep you logged into our Site, track your session history, and tailor content to you. We may use search content or Anonymous Information to analyze usage patterns so that we may enhance the Site or the Service and improve our internal operations and the content of our software, notify Visitors about updates to our Site or Service, and improve the efficacy of our content and advertisements that appear on the Site.

4. How We Share Your Information

We share your information with third parties when we believe the sharing is permitted by you, reasonably necessary to offer our services, or when legally required to do so. For example, we may disclose certain Member Information, Health Provider Information and Visitor Information:

• To third party vendors who help us provide the Service or the Site or who provide additional goods and services through the Site, including without limitation, testing laboratories, phlebotomists, billing providers and benefits administrators;
• To third parties to whom you ask us to send such information;
• To a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, "Affiliates"), in the event we have such Affiliates in the future, in which case we will require our Affiliates to honor this Privacy Policy;
• To a company that merges with us, acquires us, or purchases our assets, in which case such company may continue to process the Member Information and Personal Information of Authorized Providers and Visitors as set forth in this Privacy Policy; or
• If we believe in good faith that such disclosure is necessary to (i) resolve disputes, investigate problems, or enforce our Terms of Service; (ii) comply with relevant laws or to respond to requests from law enforcement or other government officials relating to investigations or alleged illegal activity, in which case we can (and you authorize us to) disclose Personal Information without subpoenas or warrants served on us; or (iii) protect and defend our rights or property or the rights and property of you or third parties.

Additionally, we will disclose Member Information to such Member0x2019s Authorized Provider in order to assist the Authorized Provider provide wellness-oriented healthcare advice to such Member. We also may disclose Anonymous Information and De-Identified Information publicly without restriction.

5. Information You Share With Third Parties

This Privacy Policy addresses our use and disclosure of information we collect from and/or about you on the Site or through the Service. Information made available through the Service to Authorized Providers and testing laboratories is required to be used by such entities in accordance with all applicable laws, including the Health Insurance Portability and Accountability Act ("HIPAA"). If you disclose information to others, including, for example, a partner providing goods and services, different rules may apply to their use or disclosure of the information you disclose to them. The use and disclosure restrictions contained in this Privacy Policy will not apply to any third party. We do not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable.

When you click on links on the Site you may leave our site. We are not responsible for the privacy practices of other sites, and we encourage you to read their privacy statements.

6. How You Can Change or Remove Your Information

Modification of Information by WellnessFX. WellnessFX cannot verify, modify or otherwise alter any of the Visitor Information, and will not verify, modify or otherwise alter any of the Member Information or Authorized Provider Information without the consent of the applicable Member or Authorized Provider, but WellnessFX may correct any errors or modify any immaterial information at any time.

Modification of Information by Members and Authorized Providers. When such functionality is available through the Service, Members and Authorized Providers will be able to update some of their information through the Site. In the meantime, requests to modify any information should be submitted directly to support@wellnessfx.com.

Limitations on Deletion of Information. You may request deletion of your Personal Information by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete Personal Information, it will be deleted from the active database, but may remain in our archives and we may also retain Anonymous Information about your use of our Service. Once we disclose some of your Personal Information to third parties, we cannot access that Personal Information any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures. After we delete Personal Information, we will retain De-Identified Data and will continue to use De-Identified Data as permitted under this Privacy Policy.

7. How We Protect Your Information

Steps we take to keep your information secure. We employ reasonable physical, electronic and managerial security methods to help protect against unauthorized access to Personal Information.

Risks inherent in sharing information. Please be aware that no data transmission over the Internet or data storage facility can be guaranteed to be perfectly secure. As a result, while we try to protect your Personal Information, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk.

Report Violations. You should report any security violations to us by sending an email to support@wellnessfx.com.

8. Changes to this Privacy Policy

We may change this Privacy Policy from time to time in the future. We will post any revised version of the Privacy Policy on this page. If we make any material changes to it, we may also send you notice to the last email address you have provided to us. Continued use of our Service following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.