Privacy Policy

Scope and Purpose

This privacy policy (“Policy”) describes how Appy Health, Inc. and our parent companies, subsidiaries, and affiliated companies (“Appy Health,” “we,” “us,” “our”, and/or “Appy”) may collect, use, and share information about you that we obtain through www.AppyHealth.com and other websites and applications that link to this Policy (collectively, the “Site”). This Policy also applies to any information we collect offline, such as when you visit our offices, a provider’s office, attend a Appy Health or provider sponsored events, or interact with our representatives at other events, or in other contexts in which we make this Policy available to you.

This Policy does not apply to Appy Health product offerings that have their own privacy policies, or to websites of third parties to which we provide links. We do not control and are not responsible for the privacy practices of the websites of other entities and we urge you to review any applicable third-party privacy policies for yourself.

Our processing of data on behalf of the Appy Health “Members” aka (Employees, Patients, and Healthcare Consumers) choice technology solution and is governed by the 21^stCures Act and agreements we enter in with our affiliated practices, clinics, health systems, and company “Clients”, which may include Business Associate Agreements as applicable and required under the Health Insurance Portability and Accountability Act (HIPAA). Your healthcare provider may also have its own privacy practices and/or policies that govern its collection and use of your data. We are not responsible for how your healthcare provider treats your information, and we recommend you review their privacy policies.

What Does Appy Health Do?

Appy Health is the 21st Century Cures Act Wayfarer choice technology solution for healthcare consumers, patients, and employees aka (Wayfarers). As the Wayfarer’s choice platform, it provides a secure, single- source, single sign-on solution to store, manage, and share thousands of data elements and a high-touch engagement experience across the Wayfarers behavioral, clinical, and wellness care continuum.

The Appy Health Wayfarer Choice technology encompasses the exact architecture required to meet the 21^stCures Act legislation, where the Appy Health Wayfarer solely owns, manages, and can securely share their Protected Health Information (PHI), Health Benefit Plan Coverages, and personal demographic information with the Wayfarers approved care providers.

Wayfarers can easily review complex health benefits by plan coverages, establish care coordination and navigation to healthcare professionals that accept the Wayfarer’s health plan coverages, and deliver a high-touch experience where the Wayfarer is an active participant in their continuity of care.

Member Choice Regulatory Compliance

The Appy Health Wayfarer choice technology is the exact architecture that exceeds the 21^st Century Cures Act legislation. The information that Appy Health collects on behalf of the Wayfarer, is solely owned and controlled by the registered Appy Health Wayfarer. All Information collected is directly from the Wayfarers request and information received The Appy Health Wayfarer choice technology is the exact architecture that exceeds the 21^st Century Cures Act legislation. The information that Appy Health collects on behalf of the Wayfarer, is solely owned and controlled by the registered Appy Health Wayfarer. All Information collected is directly from the Wayfarers request and information received from the Wayfarers request must be received digitally and formatted to the health care industry data exchange requirements.

What Personal Information Do We Collect?

Personal information is data that can be used to identify you. The types of personal information that we collect depend on your interactions with us. We collect personal information that generally fall into the following categories:

Identifiers, such as your name, email address, or IP address.

Information contained in our customer records, such as postal address or telephone number.

Commercial information, such as information regarding products or services you purchased.

Internet or other electronic network activity information, such as how you interact with our website.

Professional or employment information, such as your job title or employer.

Health plan coverages, such as your benefit coverages, eligibility, and in-network, out-of-network out of pocket cost.

Geolocation data, such as your general location information (e.g., city/state) which may be collected or derived from your IP address. In addition, some of our services may request your precise location information via GPS-based functionality to allow certain features to work. We will ask your permission before we collect or use precise location information, in accordance with any applicable legal requirements to the extent precise geolocation information is considered “sensitive” information under applicable law.

How Do We Collect Your Information?

We may collect information from you in the following ways:

We collect information you provide directly to us, such as when you voluntarily enter information into fields on the Sites, sign up for or request certain services or information, agree to participate in our surveys, or call our customer service.
Depending on how you interact with us, we may ask for your name, practice/organization name, address, email address, telephone number, and type of user (for example, patient, provider or partner). If you have an account with us, we may also collect your username or other login information (e.g., Practice ID) you use to log into or access your account. If you visit our offices or attend in-person Appy Health events, we may collect information to protect the health and safety of our personnel, clients, guests, and the general public, such as health and travel information or any other information you provide to us.
When you access our Sites, we may collect information about your visit and your device using automatic data collection technologies as described in the “Cookies and Automated Data Collection Technologies” section below. This information may include IP address, geolocation information, browser type and version, device type, mobile device identifiers, and information reflecting how you searched, browsed, and were directed to the Sites, including mouse movement, click, touch, scroll, and keystroke activity.
We may also collect information from other sources, such as lead generation companies, social networks, and business partners that offer co-branded services or help us sell or distribute our products. We may also collect information from other users of our services or from available sources.

How Do We Use Your Information?

We use your information:

In ways that you would expect us to based on why we collected it. For example, if you contact us with a request for information about our products or services, we will use your information to respond to your request.
To provide, enhance and improve our services, including to optimize our Sites’ functionality and identify our visitors’ and users’ areas of interest. For example, when you participate in our surveys, screeners, and/or information gathering sessions, or otherwise provide feedback, we may use that feedback to develop new products and services.
To identify and authenticate you, such as to determine and validate whether you are an existing user of our services or products or a prospective client.
To enable cross-device/cross-context tracking for an account you may have with us. For example, you might use multiple browsers on a single device, or use various devices (such as desktops, smartphones, and tablets), which can result in your having multiple accounts or profiles across various contexts and devices. Cross-device/cross-context technology may be used to connect these various accounts or profiles and the corresponding data from the different contexts and devices so you can more easily use your account(s).
To communicate with you, such as you send you emails, notifications, solicitations, invitations, newsletters, awareness campaigns, and announcements.
To maintain the safety, security, and integrity of our Sites and services, and for our own internal legal compliance purposes.
To protect the health and safety of our personnel, clients, guests, and the general public.
For other purposes explained at the time of collection, or for other business purposes consistent with the context of the collection of your information.

We may use information that does not identify you and could not reasonably be used to identify you (including information that has been aggregated, anonymized, or de-identified) for any purpose except as prohibited by applicable law.

How Do We Share Your Information?

Appy Health Inc. does not share, sell, rent or lease its member lists to third parties.

Appy Health Inc. collects and uses the Member information to operate the Appy Health Member Choice technology via its website(s) and mobile solution to deliver the services the Member has requested.

Appy Health Inc. may also use the Members identifiable information to inform you of other products or services available with the Member is signed in to the Appy Health Member Choice technology.

Members can opt-out of receiving product or service offerings by visiting the Appy Health website https://appyhealth.com/ or the mobile app, in the Members profile, settings section and select opt-out of receiving product and service offerings.

We share information outside of Appy Health in the following circumstances:

With Appy Health clinical, mental, and wellness service provider clients that provide services you have requested.
With our related entities and/or affiliates for business purposes including, but not limited to, customer support, marketing, technical and business operations. We also may share information with affiliates for commercial purposes.
When you make your information public or otherwise accessible to other users through the Sites, such as information that you post related to reviews of partners or on the Success Community. Please think carefully before posting such information as you are solely responsible for the content you post and the potential use of such information by others. Once you have posted information, you may not be able to edit or delete such information.
With our members, when you engage in our surveys as an authorized user, through the onboarding process, through surveys collecting feedback on how we are doing, surveys administered post interaction with us related to support or training, and other surveys, including focus groups and usability design activities such as click tests, card sorts, and other surveys and tests you participate in. We typically notify you in advance that we will share your information with our customers if you complete a survey.

We also share information with other entities in the following situations:

Where you have given us your consent to share or use information about you.
When we believe that we need to share information about you to provide a service that you have requested from us or from others.
Where we are required by law or other legal process to disclose information, and where required, in response to a lawful request by public authorities, including meeting national security or law enforcement requirements.
Where we believe that it is necessary to avoid liability or violations of the law.
To protect the rights, property, life, health, security, and safety of us, the Sites, or anyone else.
To an actual or potential buyer (and its agents and advisers) in connection with any actual or proposed purchase, merger, or acquisition of all or any part of our business.
At your request or direction, such as when you choose to share information with a social network about your activities on the Sites; or
To any other person with notice to you and your consent to the disclosure.

Notwithstanding the above, we may share information that does not identify you and could not reasonably be used to identify you (including information that has been aggregated, anonymized, or de-identified) except as prohibited by applicable law.

With respect to deidentified patient information, we disclose such deidentified information to third parties only when permissible pursuant to our contractual commitments with our customers and in accordance with Health Insurance Portability and Accountability Act (“HIPAA”) requirements or other applicable law.  We employ the safe harbor method or the expert determination method, as enumerated under HIPAA.  Those third parties to whom the deidentified data is disclosed are third party service providers/vendors with whom we have relationships and/or academic researchers and/or institutions that are contributing to healthcare.

Retention and Protection of Data

The Appy Health member choice technology is 100% Microsoft Azure cloud-powered application that complies with the stringent healthcare regulations and standards. The Azure security and compliance platform encompasses the exact architecture required for HIPAA, HL7, and FHIRE data exchange, security, Patient Health Information privacy legislation, and compliance.

While we maintain your information, we protect it using administrative, physical, and technical security safeguards designed to protect your information. When we collect certain sensitive information, we encrypt the transmission of that information using secure socket layer technology (SSL). Despite these measures, we cannot guarantee the security of the information we maintain about you.

We retain information for different periods of time depending on the purposes for which we collect and use it, as described in this Policy. We will not retain information for longer than needed to fulfill these purposes unless a longer retention period is required to comply with legal obligations. Also, there may be technical or other operational reasons where we are unable to delete or de-identify your information. Where this is the case, we will take reasonable measures to prevent further processing your information.

Cookies and Automated Data Collection Technology

The Appy Health website www.AppyHealth.com DOES NOT use cookies and/or similar technologies (such as pixels and pixel tags, ad tags, Software Development Kits (“SDKs”) clear GIFs, session replay scripts, and Javascript.

Social Media and Other Integrations?

Some of our Sites and services may have social media and technology integrations that are operated or controlled by separate entities. We also may collect information from third party social media and marketing companies to enhance our data sets. Some examples include:

Links. Our Sites include links that hyperlink to websites, platforms, and other services not operated or controlled by us.
Liking, Sharing, and Logging-In. We may embed a pixel or SDK on our Sites that allows you to “like” or “share” content on, or log in to, your account through social media. If you choose to engage with such integration, we may receive information from the social network that you have authorized to share with us. Please note that the social network may independently collect information about you through the integration.
Brand Pages and Chatbots. We may offer our content through social media. Any information you provide to us when you engage with our social media content is treated in accordance with this Policy. Also, if you publicly reference our Sites on social media (e.g., by using a hashtag associated with Appy Health or Mobile Health in a tweet or post), we may use your reference on or in connection with our Sites.
Platform Linking. Our Sites may offer you the ability to link to another service or partner to retrieve certain data about your account on that service. For example, if you link your account to one of the partners in the Appy Health technology solution, the linking may allow us to obtain information such as your username and email address. For more information about how these platforms handle information about you, please refer to their respective privacy policies and terms of use.

Please note that when you interact with other entities, including when you leave our Sites, those entities may independently collect information about you and solicit information from you. The information collected and stored by those entities remains subject to their own policies and practices, including what information they share with us, your rights and choices on their services and devices, and whether they store information in the U.S. or elsewhere. We encourage you to familiarize yourself with and consult their privacy policies and terms of use.

State Consumer Privacy Rights

Rights for Residents of Applicable States

If you are a resident of a state with applicable consumer privacy laws, you may have the following rights:

To confirm whether we process your personal information.
To access your personal information.
To correct inaccuracies in your personal information.
To delete your personal information that we have obtained.
To receive a copy of your personal information in a portable and readily usable format.
To opt out of the sale or sharing of your personal information.
To opt out of the processing of your personal information for purposes of (i) targeted advertising or (ii) automated decision-making or profiling in furtherance of decisions that produce a legal or similarly significant effect on you.

If you live in a state that requires specific consent prior to processing your sensitive personal information for certain purposes, we will obtain such and you can withdraw your consent at any time.

Residents of applicable states may exercise the above rights by:

Submitting a request to the following email SUPPORT@APPYHEALTH.COM

We may ask you to provide us with information necessary to reasonably verify your identity before responding to your request. We will consider all requests and provide our response within the time period required by applicable law. Please note, however, that certain information may be exempt from such requests. If we deny your request in whole or in part, you may have the right to appeal the decision. In such circumstances, we will provide you with information regarding the appeals process.

Response Timing and Format

We endeavor to respond to a member request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

California Resident Privacy Notice

Below, please find the categories of information we may have collected about you and the purposes for the collection, and the third parties with whom your personal information may have been disclosed, shared. For more information on these practices, please see Sections III-VI.

Categories of personal information collected	Purposes for the collection or sharing of personal information	Third parties with whom personal information may have been disclosed, shared, or sold
– Identifiers – Information contained in our members records – Commercial information – Internet or other electronic network activity information – Professional or employment information – Geolocation data Inferences drawn from other personal information – Inferences drawn from other personal information	– To provide the Sites – To improve the Sites – To personalize the Sites – Marketing and advertising – Business operations – Where you have given us your consent – As required by applicable law – To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets	– Service providers – Third Party Partners – Our related entities – Other users through the Sites (when you make your information public or otherwise accessible – With our customers – Where you have given us your consent

Federal Appy Health Member Privacy Rights

Appy is the Members 21^st Century Cures Act, HIPPA compliant, private single source technology where the Member owns, manages, and can share their Protected Health Information (PHI) across the Appy Health Members clinical, behavioral, and wellness provider networks.

The 21st Century Cures Act

Member Data Portability and Interoperability


Appy Health Technology	Solution / Offerings	Description
Interoperability	Complete Health Data	Complete Member Protected Health Information (PHI) increases the clinical interaction between the Members physicians, healthcare professionals, eliminating time updating Member PHI internal records.
Interoperability	Prescribed Member Care Plan Visibility	Digital notifications of a member’s admission, discharge, or transfer to all applicable post-acute care services, PCP and other healthcare professionals identified by the Member as primarily responsible for the Members care and who needs to receive information on the Members’ status for treatment, care coordination, or quality improvement purposes.
Member Controlled	Autonomous, HIPPA Compliant	Protected Health Information (PHI) of the Member is documented and maintained by the Member in a single data repository that is compliant with HIPPA regulations.
Member Controlled	Member Owned	Member owned PHI empowers the Member to control, maintain and share personal PHI, with the Members Care Team improving collaboration and accuracy
Portable, Secure, Private	Encrypted Cloud-Based Technology	The Appy Health mobile platform is 100% Microsoft Azure cloud-powered application that complies with stringent regulations and standards. The Azure Security & Compliance platform encompasses the exact architecture required to meet HIPAA and HITRUST security, privacy, and compliance obligations, along with supporting documentation.
	Member Managed Protected Health Information (PHI).	Member managed Protected Health Information (PHI) is fully compliant with HIPPA laws and regulations
	Transferable to any authorized health care entity	Member is in complete control of storing, sharing, and managing their Personal and Health Information with their care team

Protected Health Information


Appy Health Technology	Solution / Offerings	Description
Member Health Information	Review of Systems	Member completes the “Reason for Visit” questionnaire during the digital appointment booking process to ensure the appropriate time and clinical resources are allocated for the clinical visit.
	Past Medical History	The Member’s past medical history is documented and stored as a part of their care portfolio. The member can choose to share their health information during the diagnostic evaluation or when considering a course of treatment.
	Past Surgical History	The Member’s past surgical history is documented and stored as a part of their care portfolio. Physicians and Healthcare Professionals can refer to this information during a diagnostic evaluation, when determining treatment eligibility and efficacy, or when considering a course of treatment.
	Family Health History	The members personal care team and others with whom the Member chooses to share their health information will be able to access and refer to this information as it is relevant in diagnostic evaluation.
	Social History	The Member’s social history is documented and stored as a part of their care portfolio.
	Medications	The Member’s past and current prescribed medications are documented and stored as a part of their care portfolio. This information equips the physician to make a better-informed decision when prescribing drugs, constructing dietary restrictions and guidelines, and recommending vitamins and supplements to Members.
	Allergies	The Member’s known allergies are documented and stored as a part of their care portfolio along with any specific drug allergies. Physicians and Healthcare Professionals can refer to and consider the Member’s allergies in a diagnostic evaluation, constructing a treatment plan or in a medical emergency.
	Immunizations	The Member’s Immunizations are documented and stored as a part of their care portfolio.
	Labs and Imaging	Member lab and imaging records are documented and stored as a part of their care portfolio. The Member’s personal care team and others with whom the Member chooses to share their health information will be able to access and refer to this information as it is relevant in diagnostic evaluation and in determining a course of treatment.

Personal Demographic and Preferences


Appy Health Technology	Solution / Offerings	Description
General Information	Demographics	Appy Health captures thousands of data clinical elements from numerous trusted industry resources.
	Contact Preferences	Member contact preferences and approvals are essential to engagement. These include Member home number, work number, mobile number, and email address.
	Driver’s License	A Member may include a copy of their driver’s license, both the front and back view for convenient documentation.
	Physical Character	Members may document physical characteristics or defining traits such as, height, weight, hair color, eye color and blood type.
	Address Information	The Members Address options include Home Address, Billing Address, and Mailing Address.
	Emergency Contacts	Members may list their emergency contact information, which confirms the sharing of their PHI.
	Employer Information	Members can manually add an employer’s information to their profile or select from Appy Health approved Employers.
	Military Status	Members who have served or are currently serving in the Military may select from the following: “Active”, “Ready Reserve”, “Veteran”, “Reserves”, “National Guard”, “United States Space Force”, service status categories and their Military branch.
	Advanced Directives	Members can document and share an Advanced Directive with family, outside parties, and hospitals with supporting documentation if that Member can no longer make decisions for themselves.
	Pharmacy Preferences	Members can select a preferred pharmacy where they desire medications to be sent by a physician or healthcare professional. Members may search by pharmacy name or by zip code.
Settings	Privacy Policies Terms of Use	Members can review the Appy Health Terms of Use, Privacy Policy, at their convenience.
	Preferred Language	Members can select their preferred language in settings.
	Assistance Callouts	Members can access assistance options including, interpreter assistance and direct assistance options.
	Notifications	Appointment reminders, events, marketplace promotions, messaging, general notifications
	Data Privacy Sharing	Digitally share Health and Demographic data elements.
Member Preferred Care Team	Primary Care Physicians (PCP)	Members can select Primary Care Physicians to be a part of their care team. Members can digitally book appointments or view, manage, and share a PCP’s prescribed care plan with family or care team Members.
	Specialists	Members can select specialists to be a part of their care team. Members can digitally book appointments or view, manage, and share a specialist’s prescribed care plan with family or care team Members.
	Digitized Care Plan Directives	Digitized care plan directives can be viewed and managed by the Member. Members can share care plan directives with other Members of their care team as well as family and loved ones.
	Pre-visit Payment	HSA, FSA, Credit Card: Appy Health can collect Member payment responsibility on the day of Members’ scheduled visit. Additional processing fees will apply.

Member Health, Dental, and Vision Plan Coverages


Appy Health Technology	Solution / Offerings	Description
Insurance Accepted	In-Network Confirmation	Members are directly navigated to In-Network providers based upon their specific health benefit plan requirements.
	Image of Member Insurance Card (Front and Back)	Members may utilize a digital copy of both the front and back of their insurance card for quick accessibility and convenience.
	Out-Of-Network	Members can select to see out of networks providers.
Insurance Verification	Active Status	Members can view current healthcare spend and monitor the status of their health benefits plan.
	Effective Dates	Health plan effective dates are documented for the Member to reference as needed.
	Member Plan Coverages	A Member can review and reference his or her plan coverages to make informed decisions on their healthcare journey.
Insurance Eligibility	Co-Insurance	Specific plan coverage elements, including co-insurance, can be stored, and referred to by the Member at their convenience.
	Co-Pays	Specific plan coverage elements, including co-pays, can be stored, and referred to by the Member at their convenience.
	Deductibles	Specific plan coverage elements, including deductibles, can be stored and referred to by the Member at their convenience.
	YTD Out-of-Pocket Totals	Members can monitor YTD Out-of-Pocket costs and track deductible satisfaction progress.

California Resident Privacy Notice

If you are a California resident, you may have the following rights with respect to the personal information we process on your behalf:

To request information about the categories of personal information we have collected about you, the categories of sources from which we collected the personal information, the purposes for collecting or sharing the personal information, the categories of third parties with whom we have shared or sold your personal information, and the specific pieces of personal information we have collected about you.
To request that we delete personal information that we have collected from you.
To request that we correct inaccurate personal information that we maintain about you.
To opt out of the sale or sharing of your personal information.

California residents may exercise the above rights by:

Submitting a request to the following email SUPPORT@APPYHEALTH.COM

Only you, or someone legally authorized to act on your behalf, may make a verifiable Member request related to your personal information. You may also make a verifiable Member request on behalf of your minor child.

We may ask you to provide us with information necessary to reasonably verify your identity before responding to your request. We may require you to use your email address in order to perform such verification. We will consider all requests and provide our response within the time period required by applicable law. Please note, however, that certain information may be exempt from such requests. If we deny your request in whole or in part, you may have the right to appeal the decision. In such circumstances, we will provide you with information regarding the appeals process.

Response Timing and Format

We endeavor to respond to a member request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

Any disclosures we provide will only cover the 12-month period preceding the Member request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users (Members) of our Sites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes in particular: Members who are residents of California may request (i) a list of the categories of personal information disclosed by us to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. To make such a request, please write us at: Chief Compliance Officer, Appy Health Inc., 526 Kingwood Drive, B380, Kingwood, TX 77339. We may require additional information from you to allow us to verify your identity and we are only required to respond to requests once during any calendar year.

Minors

The Sites are intended for a general audience and are not intended for minors under the age of eighteen. Appy Health does not wish to obtain any information from or about such minors through the Sites. If you are under eighteen years old, do not use the Sites.

We do not knowingly gather personal information (as defined by the U.S. Children’s Privacy Protection Act, or “COPPA”) about children under the age of 13. If you are a parent or guardian and you believe we have collected information from your child in a manner not permitted by law, contact us using the information in the “Contact” section below. We will remove the data to the extent required by applicable laws.

We do not knowingly “sell,” as that term is defined under the CCPA, the personal information of minors under 16 years old who are California residents.

International Transfer

We are based in the U.S. and the information we collect is governed by U.S. law. If you are accessing the Sites from outside of the U.S., please be aware that information collected through the Sites may be transferred to, processed, stored, and used in the U.S. and other jurisdictions. Data protection laws in the U.S. and other jurisdictions may be different from those of your country of residence. Your use of the Sites or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of information about you in the U.S. and other jurisdictions as set out in this Policy.

UPDATES TO THIS PRIVACY POLICY

We reserve the right to make updates and revisions to this Policy at our discretion and at any time. When we make changes to this Policy, we will post the updated notice on http://www.appyhealth.com/and update the effective date. Any changes will be effective as of the “Effective” date. Your continued use of our Sites following the posting of changes constitutes your acceptance of such changes

Contact

If you have any questions or comments about this Policy, the ways in which Appy Health collects and uses your information described here, your choices and rights regarding such use, or you wish to exercise your rights under an applicable state law, please contact us by:

Submitting a request to the following email SUPPORT@APPYHEALTH.COM

Or by writing to:

Appy Health, Inc.
Attn: Chief Compliance Officer
526 Kingwood Drive, B380
Kingwood, TX 77339

If you have a disability and would like to access this Policy in an alternative format, please email SUPPORT@APPYHEALTH.COM

Response Timing and Format

We endeavor to respond to a members request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

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