Tono, Inc. and our affiliates, subsidiaries, and co-branding partners,(collectively, “Tono“ “we,“ “us,“ and “our“) provide telehealth and other health-related services to provide convenient healthcare between patients and healthcare providers. This Privacy Policy is designed to help you understand how we collect, use, and share your personal information and to help you understand and exercise your privacy rights.

1. SCOPE
2. PERSONAL INFORMATION WE COLLECT
3. HOW WE USE YOUR INFORMATION
4. HOW WE DISCLOSE YOUR INFORMATION
5. YOUR PRIVACY CHOICES AND RIGHTS
6. SECURITY OF YOUR INFORMATION
7. INTERNATIONAL DATA TRANSFERS
8. RETENTION OF PERSONAL INFORMATION
9. SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS
10. SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS
11. CHILDREN'S INFORMATION
12. OTHER PROVISIONS
13. CONTACT US

1. SCOPE

This Privacy Policy applies to personal information processed by us, including on our websites and other online or offline offerings, relating to patients (“Patients“) and healthcare providers (“Healthcare Providers“). “Personal information“ refers to any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

To make this Privacy Policy easier to read, our websites and other offerings are collectively called “Services.“ Tono may provide additional privacy notices and authorizations to individuals at the time we collect their personal information. For example, we provide a specific privacy notice and patient consent form to participants that describes our privacy practices in connection with collecting medical information from our telehealth services. Such notice will govern our use of your personal information related to telehealth services.

An Important Note: This Privacy Policy does not apply to any of the personal information that we process about patients on behalf of Healthcare Providers (our “Healthcare Provider Customers“), including the information that our Healthcare Provider Customers may collect and process using Tono's Services (“Healthcare Provider Customer Data“). Our Healthcare Provider Customers' respective privacy policies govern their collection and use of Healthcare Provider Customer Data. Our processing of Healthcare Provider Customer Data is governed by the contracts that we have in place with our Healthcare Provider Customers, not this Privacy Policy. Any questions or requests relating to Healthcare Provider Customer Data should be directed to our Healthcare Provider Customer (your Healthcare Provider). For information on how to contact us, please refer to “Contact Us“ below.

Notwithstanding the above, you may provide Tono with your authorization to allow us to use your personal information that we would otherwise process on behalf of Healthcare Providers for our own purposes. In such cases, we will process your personal information in accordance with the authorization you provide and this Privacy Policy.

2. PERSONAL INFORMATION WE COLLECT

The categories of personal information we collect, with your consent, depend on how you interact with us, our Services, and the requirements of applicable law. For example, we may collect different information depending on whether you are a patient or visitor to our website. We collect information that you provide to us, information we obtain automatically when you use our Services, and information from other sources such as third-party services and organizations, as described below.

Information You Provide to Us Directly

We may collect the following personal information that you provide to us.

• Account Creation. We may collect information when you create an account, such as your name, date of birth, email address, state/location, health information and other intake information whether you are a patient (a “Patient Account“) or a Healthcare Provider (a “Healthcare Provider Account“).
• Purchases. We may collect personal information and details associated with your purchases, including payment information. Any payments made via our Services are processed by third-party payment processors. We do not directly collect or store any payment card information entered through our Services, but we may receive information associated with your payment card information (e.g., your billing details).
• Your Communications with US. We may collect personal information, such as email address, phone number, or mailing address when you request information about our Services, register for our newsletter or loyalty program, request customer or technical support, apply for a job, or otherwise communicate with us.
• Surveys. We may contact you to participate in surveys, including healthcare surveys that collect patient reported outcomes. If you decide to participate, you may be asked to provide certain information which may include personal information.
• Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.
• Job Applications. We may post job openings and opportunities on our Services. If you reply to one of these postings by submitting your application, CV and/or cover letter to us, we will collect and use your information to assess your qualifications.
• Cookie Policy and Other Information Collected Automatically

We may collect the following personal information that you provide to us.

• Automatic Data Collection Through Our Services. We may collect certain information automatically when you use our Services, such as your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, browser or device information, location information (including approximate location derived from IP address), and Internet service provider. We may also automatically collect information regarding your use of our Services, such as pages that you visit before, during and after using our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Services.

• Location Information. When your device settings allow us to do so, we may collect your precise location information to provide you with enhanced Services. If you do not want us to collect this information, you can change the settings on your device.

• Cookies, Pixel Tags/Web Beacons, and Other Technologies. We, as well as third parties that provide content, advertising, or other functionality on our Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies“) to automatically collect information through your use of our Services.

  • Cookies. Cookies are small text files placed in device browsers that store preferences and facilitate and enhance your experience.

  • Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in our Services that collects information about engagement on our Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded. Our uses of these Technologies fall into the following general categories:

  • Operationally Necessary This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular website behavior, prevent fraudulent activity, improve security, or allow you to make use of our functionality;

  • Performance-Related We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how individuals use our Services;

  • Functionality-Related We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;

  • Advertising- or Targeting-Related We may use first party or third-party Technologies to deliver content, including ads relevant to your interests, on our Services or on third-party websites.

• Analytics. We may use Technologies and other third-party tools to process analytics information on our Services. Some of our analytics partners include:

  • Google Analytics. We use analytics services provided by Google Inc. This allows us to process usage data to better understand how our website and web-related Services are used. This enables us to continually improve our website, making it relevant to your interests and needs. This may involve personal data, such as cookie and other device identifiers. In addition, Google uses your data for its own purposes, e.g. for profiling or linking it to other data. For more information, please visit Google Analytics' Privacy Policy. To learn more about how to opt-out of Google Analytics' use of your information, please click here.
  • Hotjar. We use Hotjar to understand how our users interact with our website, which allows us to improve our website and the user experience. For more information, please visit Hotjar's Privacy Policy.

C. Biometric Information

Within the context of healthcare, your Healthcare Provider may order labs and collect biometric information (such as blood and saliva samples). Your biometric information may be stored in your medical records and accessed by Healthcare Providers and other third-party providers in order to perform the Services. From time to time, we may ask you to consent to the sharing of this information for medical research when legally required. Where required by law, we will delete your biometric information within the required time under the applicable law unless we have your permission to retain it for longer.

D. Information Collected from Other Services

We may obtain information about you from other sources, including through third-party services and organizations. For example, if your Healthcare Provider enrolls you in our Services, they may provide your name, date of birth, contact information, and email address in order to send you an invitation to establish a Patient Account. We may also obtain information related to your medical history through your Healthcare Provider. We may also obtain information from a patient, for example if they list you as their emergency contact or caregiver.

3. HOW WE USE YOUR INFORMATION

We use your information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described below.

A. Provide Our Services

We use your information to fulfill our contract with you and provide you with our Services, such as:

• Managing your information and accounts;
• Providing access to certain areas, functionalities, and features of our Services;
• Answering requests for customer or technical support;
• Communicating with you about your account, activities on our Services, and policy changes;
• Processing your financial information and other payment methods for products or Services purchased; and
• Processing applications if you apply for a job we post on our Services.

B. Administrative Purposes

We use your information for various administrative purposes, such as:

• The purposes set forth in the authorization you provide to Tono;
• Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;
• Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
• Measuring interest and engagement in our Services;
• Short-term, transient use, such as contextual customization of ads;
• Improving, upgrading or enhancing our Services;
• Developing new products and Services;
• Ensuring internal quality control and safety;
• Authenticating and verifying individual identities, including requests to exercise your rights under this policy;
• Debugging to identify and repair errors with our Services;
• Auditing relating to interactions, transactions and other compliance activities;
• Enforcing our agreements and policies; and
• Complying with our legal obligations.

C. Marketing and Advertising our Products and Services

We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law.

Some of the ways we market to you include email campaigns, custom audiences advertising, and “interest-based“ or “personalized advertising,“ including through cross-device tracking.

If you have any questions about our marketing practices or if you would like to opt out of the use of your personal information for marketing purposes, you may contact us at any time as set forth in “Contact Us“ below.

D. Other Purposes

We also use your information for other purposes as requested by you or as permitted by applicable law.

• Consent. We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.
• De-identified and Aggregated Information. We may use your personal information and other information about you to create de-identified and/or aggregated information, such as de-identified demographic information, de-identified location information, de-identified health information, de-identified information about your use of the connected medical device, information about the device from which you access our Services, or other analyses we create. De-identified and/or aggregated information is not personal information, and we may use and disclose such information in a number of ways, including the development of future learnings, research, internal analysis, analytics, and any other legally permissible purposes.

4. HOW WE DISCLOSE YOUR INFORMATION

We disclose your information to third parties for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.

A. Disclosures to Provide our Services

The categories of third parties with whom we may share your information are described below.

• Service Providers. We may share your personal information with our third-party service providers who use that information to help us provide our Services. This includes service providers that provide us with IT support, hosting, payment processing, customer service, and related services.
• Business Partners. We may share your personal information with business and co-branding partners to provide you with a product or service you have requested. We may also share your personal information to business and co-branding partners with whom we jointly offer products or services.
• Affiliates. We may share your personal information with our company affiliates for our administrative purposes, including activities such as IT management, for them to provide services to you or support and supplement the Services we provide.
• Healthcare Providers. We may share your personal information with your Healthcare Provider in order to provide the Services.
• Other Users/Website Visitors. As described above in “Personal Information We Collect,“ our Services allow you to share User Content publicly, including to those who do not use our Services.
• Third-Party Services. Certain features and functionalities within the Services may allow you to interface or interact with, access, use, and/or disclose personal information to third-party services, products, technology, medical device implant manufacturers, Healthcare Providers, and applications (collectively, “Third-Party Services“). Tono does not provide any aspect of the Third-Party Services and is not responsible for your use of or sharing of information with the Third-Party Services. Once your personal information has been shared with the Third-Party Service, it will also be subject to the Third-Party Service's privacy policy and the Third-Party Service may use your personal information for its own purposes. We encourage you to closely read each Third-Party Service's privacy policy with whom you share your personal information. You acknowledge sole responsibility for and assume all risk arising from your use of or sharing of information with any Third-Party Services.
• Advertising Partners. We may share your personal information with third-party advertising partners. These third-party advertising partners may set Technologies and other tracking tools on our Services to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for purposes of delivering personalized advertisements to you when you visit digital properties within their networks. This practice is commonly referred to as “interest-based advertising“ or “personalized advertising.“
• APIs/SDKs. We may use third-party Application Program Interfaces (“APIs“) and Software Development Kits (“SDKs“) as part of the functionality of our Services. For more information about our use of APIs and SDKs, please contact us as set forth in “Contact Us“ below.

B. Disclosures to Protect Us or Others

We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others' rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.

C. Disclosure in the Event of Merger, Sale, or Other Asset Transfers

If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.

5. YOUR PRIVACY CHOICES AND RIGHTS

Your Privacy Choices. The privacy choices you may have about your personal information are determined by applicable law and are described below.

• Email and Telephone Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding our Services or updates to our Terms or this Privacy Policy).
• Text Messages. You may opt out of receiving text messages from us by responding “STOP“ to any text message you receive from us.
• “Do Not Track“ Do Not Track(“DNT“) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
• California Shine the Light. The California “Shine the Light“ law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. If you are a California resident and would like to exercise your rights under Shine the Light, please contact us as set for in “Contact Us“ below. We will process such requests in accordance with applicable laws.

6. SECURITY OF YOUR INFORMATION

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We have taken appropriate safeguards to require that your personal information will remain protected and require our third-party service providers and partners to have appropriate safeguards as well. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure.

By using our Services 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 our Services. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on our Services, by mail or by sending an email to you.

7. INTERNATIONAL DATA TRANSFERS

All information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws.

8. RETENTION OF PERSONAL INFORMATION

We store the personal information we collect as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

9. SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS

This Supplemental California Privacy Notice only applies to our processing of personal information that is subject to the California Consumer Privacy Act of 2018 (“CCPA“). While we are not subject to the CCPA, we provide the below information to provide insight into our privacy practices. The CCPA provides California residents with the right to know what categories of personal information Tono has collected about them and whether Tono disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding 12 months. California residents can find this information below:

Category of Personal Information Collected by Tono

Category of Third Parties Information is Disclosed to for a Business Purpose

Identifiers.

A real name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.

• Advertising networks
• Data analytics providers
• Government entities
• Service providers
• Other Users/Public (name and User Content)
• Healthcare Providers
• Business Partners and Affiliates

Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))

A name, signature, physical characteristics or description, address, telephone number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

• Government entities
• Service providers
• Other Users/Public (name and User Content)
• Healthcare Providers
• Business Partners and Affiliates

Protected classification characteristics under California or federal law

Age (40 years or older), medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), genetic information (including familial genetic information).

• Government entities
• Service providers
• Healthcare Providers
• Business Partners and Affiliates

Commercial information

Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

• Service providers
• Healthcare Providers
• Business Partners and Affiliates

Biometric information

Physiological, biological, or behavioral, characteristics (including DNA) that can be used to establish individual identity, and rhythms, gait patterns, or rhythms, and sleep, health or exercise data that contain identifying information.

• Service providers
• Healthcare Providers
• Business Partners and Affiliates

Internet or other electronic network activity

Browsing history, search history, information on a consumer's interaction with an internet website, application, or advertisement.

• Service providers
• Business Partners and Affiliates

Geolocation data

Physical location or movements.

• Service providers

Sensory data

Audio, electronic, visual, thermal, olfactory, or similar information.

• Service providers
• Healthcare Providers

Professional or employment-related information (from Healthcare Providers)

Current or past job history.

• Service providers
• Business Partners and Affiliates

Inferences drawn from other personal information to create a profile about a consumer

Profile reflecting a consumer's characteristics, psychological trends, behavior, abilities, and aptitudes.

• Service providers
• Healthcare Providers
• Business Partners and Affiliates

The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth in “Personal Information We Collect“ and “How We Use Your Personal Information“ above, respectively.

“Sales“ of Personal Information under the CCPA

For purposes of the CCPA, Tono does not “sell“ personal information, nor do we have actual knowledge of any “sale“ of personal information of minors under 16 years of age.

Tono does not have actually knowledge of any “sale“ of persona information of minors under 16 years of age.

Additional Privacy Rights for California Residents

Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA.

Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact us as set forth in “Contact Us“ below and provide written authorization signed by you and your designated agent.

Verification. To protect your privacy, we will take the following steps to verify your identity before fulfilling your request. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include asking you to answer questions regarding your account and use of our Services.

If you are a California resident and would like to exercise any of your rights under the CCPA, please contact us as set forth in “Contact Us“ below. We will process such requests in accordance with applicable laws.

Accessibility. This Privacy Policy uses industry-standard technologies and was developed in line with the World Wide Web Consortium's Web Content Accessibility Guidelines, version 2.1. If you wish to print this policy, please do so from your web browser or by saving the page as a PDF.

Right for minors to remove posted content. Where required by law, California residents under the age of 18 may request to have their posted content or information removed from the publicly-viewable portions of the Services by contacting us directly as set forth in “Contact Us“ below.

10. SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. You can exercise this right by contacting us at Info@Tonohealth.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth below.

11. CHILDREN‘S INFORMATION

The Services are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect personal information from children, except where we have parent's verifiable consent.

If you are a parent or guardian and wish to review information collected from your child, or have that information modified or deleted, you may contact us as described in “Contact Us” below. If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it, and terminate the child's account if applicable.

12. OTHER PROVISIONS

Third-Party Websites/Applications. The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk.

Changes to our Privacy Policy. We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law, and will update the “Last Updated” data at the top of this policy. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use our Services after the new Privacy Policy takes effect.

13. CONTACT US

If you have any questions about our privacy practices or this Privacy Policy, or to exercise your rights as detailed in this Privacy Policy, please contact us at:

Tono, Inc.

90 Furman, 801

Brooklyn, NY 11201

Info@Tonohealth.com