Privacy Policy

This written policy (the "Privacy Policy") is designed to tell you about our privacy practices for the websites, including mobile websites, where it is posted. This includes all of the Adaptive Health company websites (including any pre-sale pages), which are all owned and operated by Adaptive Health and its affiliates including Healthy Directions, LLC ("Adaptive Health", "we", "us" or "our"). When you use any of our websites, we may collect, use, and disclose information that you may provide to us through such website or certain related services. This Privacy Policy explains how we handle the information we may hold about you. Please be sure to read this entire Privacy Policy before using, or submitting information, to the website on which this Privacy Policy is posted.

POLICY

Our policy for all our websites is to respect and protect the privacy of our users. To fulfill this policy, we exercise the precautions set forth in this Privacy Policy to maintain the confidentiality of information provided by you in connection with accessing and using our websites.

We collect your Personal Information to:

• Respond to requests and queries you submit to us;
• Allow you to submit orders for our products through our brand websites;
• Create and maintain a unique portal account for you, where available on our website;
• Process payment transactions and send you the products you purchase through our brand websites;
• Communicate with you about your purchase orders, or communicate our email newsletter to you, if you make a purchase on our online store or opt-in to receive these communications;
• Conduct analyses and evaluations to understand consumer trends and usage related to our products in order to improve our websites, services and marketing communications.

We also collect Personal Information about you from third parties in connection with our Site, app and Services, including from the following categories of third-party sources:

• Service providers that we engage to perform portions of our Services or provide functionality or features made available through our Site or app
• Advertising providers, including online advertising networks and analytic vendors
• Social media platforms, including Facebook, FitBit, LinkedIn, Pinterest, Snapchat, TikTok, Twitter, and YouTube
• Promotional partners
• Service providers that collect cookies and pixels on the Site that may combine your email and other information collected to provide relevant direct marketing mail
• Your contacts or friends who provide your information.

Additionally, we may collect some or all of your Personal Information from our parent company, affiliates, any subsidiaries, joint ventures, or other companies under a common control.

By consenting to our collection, use and disclosure of your Personal Information through your use of our website and services, you will allow us to fulfill the purposes for which we collect your Personal Information, as described above and in this Policy.

We collect this information solely to provide our consumers with excellent goods and services, and only collect and use the least amount of information required to do so. We only share this Personal Information with our trusted business partners to help us serve you, our customers. The data we collect, and use may include actively collected information and passively collected information, described in more detail below.

YOUR CONSENT

This Privacy Policy sets forth our current policies and practices with respect to Personal Information of the users of any of our websites. "Personal Information" is any information about an identifiable individual, which includes information such as full name, e-mail address, mailing address, phone number and sales delivery, billing and credit card information. By using our websites, you agree with the terms of this Privacy Policy. Whenever you submit information to us through our websites, you consent to the collection, use, and disclosure of that information in accordance with this Privacy Policy. You can withdraw your consent at any time. However, if you choose to do so, we may not be able to offer you the functionality and services of our websites (for example, if you do not provide your payment information, we cannot process an order for you through our website).

OUR COMMITMENT TO CHILDREN'S PRIVACY

Protecting the privacy of the very young is especially important. Our websites are not intended for people under the age of majority in their province or territory of residence ("Minors") without the consent from a parent or guardian. We never collect or maintain information on our websites from persons we know to be Minors, and no part of any of our website is designed to attract Minors. We encourage parents to talk to their children about their use of the Internet and the information they disclose to websites.

ACTIVE INFORMATION COLLECTION

Like many websites, our websites actively collect information from visitors both by asking you specific questions and by permitting you to communicate directly with us via e-mail and/or feedback forms. Some of the information that you submit may be Personal Information.

Some areas of our websites may require you to submit information in order for you to benefit from the specified features we offer (such as newsletter subscriptions, tips/pointers, order processing) or to voluntarily participate in a particular activity (such as sweepstakes, contests, or other promotions). You will be informed at each information collection point what information is required and what information is optional.

Actively collected information if you purchase products from us include:

• Name
• Address
• Email address
• Payment card data
• Phone number

DISCLOSURE OF INFORMATION

We may disclose your Personal Information to contractors, service providers or third-party marketers that help us provide services, deliver products or advertisements to you ("Service Providers"). For example, we will disclose your billing information to payment processors to process the transaction, we will disclose your shipping address to fulfillment and shipping contractors to deliver a product to you, and we may disclose your email address to email fulfillment contractors to send you emails from us. These Service Providers are not authorized by us to use or disclose the information we share with them except as necessary to perform the services on our behalf or to comply with legal requirements. Some Service Providers may be located outside of the United States or Canada. You can email us at [email protected] if you want to learn more about how our Service Providers use your information.

We may share some or all of your Personal Information with our parent company, affiliates, any subsidiaries, joint ventures, or other companies under a common control, in which case we will require these affiliates to honor this Privacy Policy.

If our company or our assets are acquired by another company, that company will possess the Personal Information collected by us and it will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.

We may disclose your Personal Information in certain other situations such as: (a) where we are authorized by law to do so (including to comply with relevant laws or to respond to subpoenas judicial proceeding, court orders or warrants served on us); (b) when you have consented to the disclosure; and (c) to protect and defend our rights or property or the rights or property of third parties (including to establish or collect amounts owed to us).

From time to time, we make the email addresses of those who opt-in to receive promotional communications to other reputable organizations whose products or services we think you might find interesting. If you do not want us to share your email address with other companies or organizations, please let us know by contacting us through the contact details provided at the end of this Policy.

If you supply us with your telephone number, you may receive telephone contact (live, automated, pre-recorded or text message) from us, our subsidiaries, affiliates, or agents with information regarding products and services or upcoming events. By agreeing to this Privacy Policy, you agree that your telephone company may impose charges on you for these contacts. If you do not wish to receive such telephone calls, please let us know by emailing us at [email protected]

We engage with third party marketing platforms (such as Google, Yahoo and Facebook) to drive website traffic, raise brand awareness and for product promotion.

We may also share non-Personal Information such as statistical summary data or aggregate analytics data with partners and other third parties (such as Google) at our discretion.

If we do combine non-personal information with personal information, the combined information will be treated as personal information for as long as it remains combined.

OPT-OUT PROCEDURES

If you have opted-in to receive our promotional emails, made a purchase through one of our websites, or submitted an inquiry to any of our websites, you may always opt-out of receiving promotional email communications from us. To stop receiving such communications from us, please click the unsubscribe link available in each promotional email or email us at [email protected] If you opt-out of promotional or newsletter emails from Adaptive Health, we may continue to send you certain communications such as service announcements and administrative messages, relating to Adaptive Health that are necessary to our relationship with you. If you do not want us to share your information with other companies or organizations for their marketing purposes, please let us know by contacting us at [email protected]

SECURITY OF INFORMATION

All information collected by us is maintained in a reasonable manner and pursuant to applicable law. The importance of security for all Personal Information associated with those who access or use our websites and the services they offer is of utmost concern to us. We employ commercially reasonable physical, technological, and administrative safeguards to protect your Personal Information. Your Personal Information resides on a secure server that only selected Adaptive Health employees and contractors have access to via password. In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third-party banking, processing agents and distribution institutions that employ appropriate security safeguards. They receive the information needed to verify and authorize your credit card or other payment information and to process and ship your order.

Unfortunately, no data transmission over the internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, you acknowledge that: (a) there are security and privacy limitations of the internet which are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through our websites cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party. Moreover, where you use passwords, ID numbers, or other special access features on our website(s), it is your responsibility to safeguard them and utilize strong, complex passwords. If you have a user account on any of our websites, you agree to maintain the confidentiality of your account details and notify us immediately of any unauthorized use of your account or any other security breach relating to your account. We are not liable for any loss or damage arising out of your failure to comply with this section.

PASSIVE INFORMATION COLLECTION

As you navigate through a website, certain information can be passively collected (that is, gathered without your actively providing the information) using various technologies and means, such as Internet Protocol addresses, cookies, Internet tags, and navigational data collection.

Passively collected information includes:

• Device Information including type and model of device or device identifier of the device you use to access out platform, your IP Address, or your operating system and geolocation information
• Browser information
• Which of our pages you view

Our websites may use Internet Protocol (IP) addresses. An IP Address is a number assigned to your computer by your Internet service provider so you can access the Internet. We use your IP address to diagnose problems with our server, report aggregate information, determine the fastest route for your computer to use in connecting to our websites, optimize marketing initiatives, and administer and improve services to our consumers.

A "cookie" is a bit of information that a website sends to your web browser that helps the site remember information about you and your preferences.

"Session cookies" are temporary bits of information that are erased once you exit your web browser window or otherwise turn your computer off. Session cookies are used to improve navigation on websites and to collect aggregate statistical information. Our websites use session cookies.

"Persistent cookies" are more permanent bits of information that are placed on the hard drive of your computer and stay there unless you delete the cookie. Persistent cookies store information on your computer for a number of purposes, such as retrieving certain information you have previously provided (e.g., username), helping to determine what areas of the website visitors find most valuable, and customizing the website based on your preferences. Our websites use persistent cookies.

"Internet tags" (also known as single-pixel GIFs, clear GIFs, invisible GIFs, and 1-by-1 GIFs) are smaller than cookies and tell the website server information such as the IP address and browser type related to the visitor's computer. Our websites use Internet tags.

"Navigational data" ("log files," "server logs," and "clickstream" data) and "Internet Tags" are used for system management, to improve the content of the site, market research purposes, and to communicate information to visitors. Our websites use navigational data.

You may choose to decline cookies if your browser permits, but doing so may affect your use of our websites and your ability to access certain features or engage in transactions through our websites.

Our websites may also engage in interest-based/online behavioral advertising, which includes ads served to you after you leave our websites, encouraging you to return. These ads are served to you through websites, apps, or emails, based on your shopping habits or other online activities (such as those tracked using the passive tracking technologies described above). We might serve these ads, or third parties may serve these ads about our products or other companies’ products. As a consumer you have the ability to opt-out of having your online behavior recorded and used to serve ads. For more information on how to opt-out, please visit: aboutads.info. To learn more about targeted advertising, these providers, or how you may opt out, please visit the Digital Advertising Alliance’s consumer choice page at http://www.aboutads.info/choices Technologies other than http cookies may be used by third-parties in a similar way, to recognize the email recipients’ computer or device and to keep track of which user identities match to which devices or browsers, and those technologies may not respond to browser settings that block conventional cookies. You may opt out of many of these types of technologies by visiting the National Advertising Initiative’s opt out page at http://www.networkadvertising.org

Some of our websites may also utilize web analytics tools to monitor customers’ access of our websites. Examples of these services include Google Analytics and HotJar. For more information related to how Google Analytics and HotJar use data when you use or visit our site, and how to disable that tracking, please visit their privacy policies at:

• https://policies.google.com
• https://www.hotjar.com/privacy

Do Not Track. We do not track our customers over time, across sessions, or across third party websites to provide targeted advertising. We do track which of our websites you initially view and aggregate information about how many visitors each of our pages receive. The tools we use to perform this tracking, including Google Analytics, Matomo, HotJar and Adobe Analytics all respect Do Not Track signals from your browser. You can control what some advertisers can collect and use about you by visiting the following links: http://www.aboutads.info/choices, and https://youradchoices.com/appchoices (for mobile users).

Collection and Disclosure or Use of Non-Personal Information

We may also collect data in a form that cannot identify a specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of how we may collect and use non-personal information:

• We may collect information related to your, language, zip code, area code, unique device identifier, referring URL, location, and the time zone from where our Websites are accessed so that we can better understand customer behavior and improve our products, services, and advertising.
• We may collect information regarding customer activities on our website. This information is aggregated and analyzed to help us provide more useful information to our customers and to understand which parts of our website, products, and services are of most interest to them. Aggregate data is considered non personal information under this Privacy Policy.

LINKS

Like many other websites, our websites may contain links to websites of third parties not affiliated with us. These links are provided for your convenience only. This Privacy Policy will not apply to these third-party websites and Adaptive Health is not responsible for the privacy practices or the content on any of these other websites, even where these third-party sites indicate a special relationship or "partnership" with us. We do not disclose personal information to any third party linked sites. The linked sites, however, may collect Personal Information from you when you visit their site. To ensure protection of your privacy, always review the privacy policies of the sites you visit when you click on links on our websites.

Notice for Minors. Some of our websites have interactive aspects that allow you to post content publicly. You may request that we remove this content, and you may do so by contacting us at [email protected] While we offer this ability to our visitors, please be aware that it may not be possible to completely remove it (for technical, legal, or other reasons).

California Privacy Notice

The California Consumer Privacy Act (“CCPA”) requires us to make specific disclosures about how we collect, use, and share the personal information of California residents who are subject to CCPA (“California Consumer Personal Information”). CCPA also grants such California residents certain rights related to their personal information.

This section of our Privacy Policy explains our collection and use of California Consumer Personal Information and includes instructions for California residents who wish to exercise their rights under the California Consumer Privacy Act. Note that this section does not apply to the Personal Information of California residents that we collect in the employment context or in certain business transactions. This section also does not apply to any Personal Information that may be captured by our customers using our products or services.

Information about the categories of Personal Information we have collected and shared in the preceding twelve (12) months is described below:

We may collect this category of California Consumer Personal Information.	Do we use and share this category of Personal Information for “business purposes?”	Do we use and share this category of Personal Information for “commercial purposes?”	Do we “sell” this Personal Information?
Identifiers real name, alias, postal address, Internet Protocol address	YES	YES	YES
Customer records containing personal information	YES	NO	YES
Characteristics of protected classifications under California or federal law	YES	NO	NO
Commercial information including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies	YES	YES	YES
Internet or other electronic network activity information including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.	YES	YES	YES
Geolocation data	YES	NO	NO
Audio, electronic, or similar information	YES	NO	NO
Professional or employment-related information	YES	NO	NO
Non-public personal education information	YES	NO	NO
Inferences drawn from the above categories of information to create a profile about preferences	YES	YES	YES

California Residents Rights under the CCPA: Subject to certain exclusions, the CCPA, allows California residents, upon a verifiable consumer request, to request that a business that collects consumers’ personal information give consumers the following:

• The right to request the following information regarding our use of your California Consumer Personal Information:
• The categories of your Personal Information that we have collected
• The purposes for which we have collected or used such California Consumer Personal Information
• The categories of sources for the California Consumer Personal Information we have collected about you
• The categories of third parties with whom we have disclosed your California Consumer Personal Information
• If we have disclosed your Personal Information for a business purpose, a list identifying the California Consumer Personal Information categories that each category of recipient obtained
• If we have sold your personal information, a list identifying the California Consumer Personal Information categories that each category of recipient purchased.
• The right to receive a copy of your California Consumer Personal Information.
• The right to request us to delete your Personal Information when we no longer need such data in connection with our Services (subject to certain exceptions that may apply under applicable law).
• The right to equal rights and services. This means that we are prohibited from discriminating against you if you exercise your rights under CCPA.
• Notice of Right to Correct. California law also provides consumers the Right to Correct. This right allows consumers to contact us and request that we correct inaccuracies in a consumers’ Personal Information. Subject to applicable law, you can correct errors in your data by contacting us.
• Notice to Limit the Use or Disclosure of My Sensitive Personal Information. California law also allows you the right to limit the use or disclosure of your Sensitive Personal Information except as necessary to perform the services or provide the goods reasonably expected by an average consumer who requests such goods and services. You have the right to submit a verified request to us to limit the use or disclosure of your Sensitive Personal Information.

The categories of Sensitive Personal Information that we may collect about you are described below:

We may collect this category of “Sensitive Personal Information”	Do we use this category of sensitive personal information for “business purposes?”	Is this category shared or sold?
Precise geolocation	YES	Shared with Subsidiaries

• The right to opt out of the sale of your Personal Information.

Do Not Sell or Share My Personal Information: Notice of Right to Opt-Out of the Sale or Sharing of Personal Information

We engage in the “sale” of personal information, as defined by the California Consumer Privacy Act (“CCPA”) with certain marketing co-op platforms that use customer data as part of the cooperative marketing database to help companies gain prospective new customers. Adaptive Health does not knowingly sell the Personal Information of minors under the age of 16 without receiving affirmative authorization. Under California law, residents of California may request that we cease selling or sharing their Personal Information (“Request to Opt Out”).

California residents who wish to exercise any such rights listed above, please contact us by phone or web as follows:

• Phone: 1-888-914-9661 PIN: 898901
• Web (click here): https://privacyportal.onetrust.com/webform/4c2d79f7-9e3b-4583-9222-e96f3c7f2fee/e05422e0-5720-4551-8dc2-b22b8a1dd1d2

Please provide us with the following information when making any such request:

• Name
• Address
• Phone number
• E-mail address
• The request that you are making, (that you are making a Request to Opt Out or any other request rights set forth above that are provided to California Residents).

If we are able to find your information in our system and you have made a request to be opted out of the sale of your personal information, we will complete your request and forward it to those entities with which we sell or share data and send you a confirmation.

In compliance with CCPA, we maintain records of consumers for at least 24 months.

Only you, or someone legally authorized to act on your behalf (“Authorized Agent”), may make a verifiable consumer request related to your California Consumer Personal Information. Please understand that we are required to verify your request and may require you to provide some information to enable us to carry out such verification. We cannot respond to your request or provide you with California Consumer Personal Information if we cannot verify your identity or authority to make the request and confirm the California Consumer Personal Information relates to you.

Use of authorized agents

You may use an authorized agent to make a Request to Opt-Out, a Request to Know, or a Request to Delete. To do so, please have your authorized agent contact us using one of the methods, and providing the requested information above, to make the request. Please note that your agent must provide us with a signed document evidencing your authorization for the agent to operate on your behalf related to these requests. We may also ask to contact you to verify the request.

Please note that under the California Regulations and the California Consumer Privacy Act, a copy of your agent’s request will be kept.

If any request under California law is denied or denied in part, you will be alerted to that fact and provided an explanation.

Making a verifiable consumer request does not require you to create an account with us. We will only use California Consumer Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

California’s "Shine the Light" law. California’s Civil Code section 1798.83 requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third-party businesses for the third-party businesses’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third-party businesses for the third-party businesses’ direct marketing purposes if the customer has exercised an option to opt-out of such information sharing. We have such a policy in place. As discussed above, if you wish to opt-out of our sharing of your information with third party businesses for the third-party businesses’ direct marketing purposes, please opt-out here. You can also make a request, by sending us an email at [email protected] or writing to us at the address listed below. Indicate in your email or letter that you are a California resident making a “California Shine the Light” inquiry.

NEVADA PRIVACY NOTICE

If you are a Nevada resident, under Privacy and Security of Personal Information Chapter of the Nevada Revised Statutes Section 603A (“603A”), you have the right to submit a verified request to us, directing us not to make any sale of certain personal information that we have collected or will collect about you. As of the date of this Policy, we do not knowingly engage in the “sale” of personal information of Nevada residents. This statement is based on our understanding of how the term “sale” is defined under 603A as of the date of this Policy. However, Nevada residents who wish to exercise their rights under this section can email us via the web (click here ) Please indicate you are a Nevada resident making a “Nevada Opt-Out” request.

VIRGINIA PRIVACY NOTICE

We collect and process the Personal Information of Virginia residents as described in the California Privacy Disclosure. Beginning on January 1, 2023, under the Virginia Consumer Data Protection Act, Virginia residents have the rights to access, correct, delete, and obtain a copy of their personal data and to opt out of the processing of their personal data for the purposes of targeted advertising, sale, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. Virginia residents who wish to exercise their rights under this section can email us at privacy.adaptivehealth.com or go to  https://adaptivehealth.com/contact and provide us with the following information:

• Name
• Address
• Phone number
• The nature of your request.

Please indicate you are a Virginia resident when making a request.

CHANGES TO THIS PRIVACY POLICY

This Privacy Policy may change over time. We will post the updated Privacy Policy to our websites or, if we make any substantive changes and you have an account on one or more of our websites, we will notify you by e-mail to the e-mail address associated with your account. If you do not accept the changed version (for example, if you do not approve of a different way that we intend to use Personal Information) you may let us know by letter or e-mail at [email protected] If you do not respond with any objections, we will assume that you consent to changes in the Privacy Policy. Changes will not apply retroactively to Personal Information that was collected before the changes to the Privacy Policy, except as may be required by law.

HOW TO CONTACT US

If you have any questions, comments, or concerns about this Privacy Policy or the information practices of this site, please contact us via email at [email protected] or write to us at:

Adaptive Health LLC

615 South College St, Suite 1300

Charlotte, NC 28202 USA

Last Reviewed/Updated December 20, 2022