Privacy Shield

1. OBJECTIVE

This Privacy Shield Policy ("Policy") describes how Aptus Health, Inc. and its subsidiaries and affiliates in the United States ("US") including Tomorrow Networks LLC, Aptus Health International, Inc. ("Company," "we," or "us") collect, use, and disclose certain personal data (as defined in the General Data Protection Regulation EU 2016/679) that we receive in the US from the European Economic Area ("Personal Data"). This Policy complements our Website Privacy Policy located at https://aptushealth.com/privacy-policy, and unless specifically defined in this Policy, the terms in this Policy have the same meaning as the Website Privacy Policy.

Aptus Health complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland transferred to the United States pursuant to Privacy Shield. Aptus Health has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/

For purposes of enforcing compliance with the Privacy Shield, Aptus Health is subject to the investigatory and enforcement authority of the US Federal Trade Commission. For more information about the Privacy Shield, see the US Department of Commerce's Privacy Shield website located at: https://www.privacyshield.gov. To review Aptus Health's representation on the Privacy Shield list, see the US Department of Commerce's Privacy Shield self-certification list located at: https://www.privacyshield.gov/list.

2. POLICY

5.1 Personal Data Collection and Use

We may receive the following categories of Personal Data in the US for the following purposes:

Categories of Personal Data:

Aptus Health US based entities process Personal Data that it receives from its subsidiaries, customers, website visitors, business partners, vendors and employees in the European Economic Area (EEA). Categories of Personal Data include (i) Aptus Health websites visitors’ and service/products users’ name, professional address, email address, telephone number(s), date of birth, gender , IP address, device identifiers (MAC address or similar identifiers), profession and specialty, GPS-coordinates, personal information users submit or transmit to or through our websites or products/services, and information collected while users navigate on our websites or services, such as logs, content consumption, navigation and behavioral data; (ii) Aptus Health customers’, vendors’, business partners’ professional contact details such as name, title, addresses, telephone numbers, and email addresses; (iii) Aptus Health employees’ and contractors’ Personal Data that is required for Aptus Health to perform its duties as employer and to manage HR and IT activities, such as identification information, contact details, pictures, financial and banking information, employment and performance records and information and IT information.

Purposes of processing:

The Personal Data is processed in order to (1) operate its websites and provide products and online services; (2) perform customer and user support activities, such as developing new products and services, provide technical support, and improve product offerings; (3) perform sales and marketing activities as permissible under applicable law; and (4) conduct internal business activities such as management of HR activities, management of internal IT activities, other internal processes, such as financial processing and management, fraud detection and prevention, and compliance with the law. When Aptus Health is providing online services to its business customers or HR or IT services to its EEA affiliates, Aptus Health may receive and process Personal Data as a data processor. As a data processor, Aptus Health acts on the instructions its business customers or its affiliate(s) and does not control the Personal Data it processes. In some cases, and as permitted by our customer agreements and internal inter-company agreements, we may disclose Personal Data with a subcontractor who is contracted to provide services on our behalf, in order to provide the online services to our business customers. Whenever Aptus Health gives access or transfers Personal Data to a third party, Aptus Health conducts screening activities of such third parties and ensures that appropriate safeguards (organizational and technical) are in place.

Aptus Health will only process Personal Data in ways that are compatible with the purpose that Aptus Health collected it for, or for purposes the individual later authorizes. Before we use your Personal Data for a purpose that is materially different than the purpose we collected it for or that you later authorized, we will provide you with the opportunity to opt out. Aptus Health maintains reasonable procedures to help ensure that Personal Data is reliable for its intended use, accurate, complete, and current. If you would like to exercise this right, please contact us at privacy@aptushealth.com

5.2 Data Transfers to Third Parties

5.2.1 Third-Party Agents or Service Providers

We may transfer Personal Data to our third-party agents or service providers who perform functions on our behalf as described above, such as third party technology service providers that Aptus Health engages to provide (i) security, storage, verification, hosting, advertising and other managed services in relation with Aptus Health websites, products/services,(ii) IT management, customer relationship management, HR, accounting and finance management services. We enter into written agreements with those third-party agents and service providers requiring them to provide the same level of protection Privacy Shield requires and to limit their use of the Personal Data to the specified services provided on our behalf. We take reasonable and appropriate steps to ensure that third-party agents and service providers process Personal Data in accordance with our Privacy Shield obligations and to stop and remediate any unauthorized processing. Under certain circumstances, we may remain liable for the acts of our third-party agents or service providers who perform services on our behalf for their handling of Personal Data that we transfer to them.

5.3 Disclosures for National Security or Law Enforcement

Under certain circumstances, we may be required to disclose your Personal Data in response to valid requests by public authorities, including to meet national security or law enforcement requirements.

5.4 Security

Aptus Health maintains reasonable and appropriate security measures to protect Personal Data from loss, misuse, unauthorized access, disclosure, alteration, or destruction in accordance with the Privacy Shield.

5.5 Access Rights

You may have the right to access the Personal Data that we hold about you and to request that we correct, amend, or delete it if it is inaccurate or processed in violation of the Privacy Shield. These access rights may not apply in some cases, including where providing access is unreasonably burdensome or expensive under the circumstances or where it would violate the rights of someone other than the individual requesting access. If you would like to request access to, correction, amendment, or deletion of your Personal Data, you can submit a written request to the contact information provided below. We may request specific information from you to confirm your identity. In some circumstances we may charge a reasonable fee for access to your information.

5.6 Questions or Complaints

In compliance with the Privacy Shield Principles, Aptus Health commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact Aptus Health at: privacy@aptushealth.com

Aptus Health has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.

If your Privacy Shield complaint is not satisfactorily addressed, and your complaint involves human resources data transferred to the United States from the EU and/or Switzerland in the context of the employment relationship, Aptus Health, Inc. commits to cooperate with the panel established by the EU data protection authorities (DPA Panel) and/or the Swiss Federal Data Protection and Information Commissioner, as applicable and to comply with the advice given by the DPA panel and/or Commissioner, as applicable with regard to such human resources data. To pursue an unresolved human resources complaint, you should contact the state or national data protection or labor authority in the appropriate jurisdiction. Contact details for the EU data protection authorities can be found at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm

5.7 Binding Arbitration

If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction

6. ADMINISTRATION AND REVISIONS

6.1 Administration

If you have any questions about this Policy or would like to request access to your Personal Data, please contact us as follows: privacy@AptusHealth.com.

6.2 Revisions

We reserve the right to amend this Policy from time to time consistent with the Privacy Shield's requirements.

7. VIOLATIONS

Violations may result in disciplinary action in accordance with company policy. Violations of, or failure to observe these guidelines may result in disciplinary action by the company up to and including termination, and/or civil or criminal penalties in accordance with applicable laws and regulations.