1. Introduction

Vital Interaction, Inc. (“Vital Interaction” or “we” or “us”) has created this Privacy Policy in order to disclose its collection, use and disclosure of personal information and other data collected about you – anyone who has purchased Vital Interaction services, and their agents (“Subscribers”); anyone who uses the services provided to Subscribers (“End-Users”); or any individual or entity which visits the Site (“Site Visitors”) or otherwise provides personal information to Vital Interaction online. This Privacy Policy is effective as of December 17, 2024. Any questions regarding this policy should be directed by email to info@vitalinteraction.com. You may also contact Vital Interaction at 2500 Bee Cave Rd, Bldg 2 Suite 220, Austin TX 78746. The following discloses Vital Interaction’s privacy practices for its services to Subscribers and End-Users (the “Services”), its website (the “Site”) and any associated Vital Interaction sites, mobile applications or services of Vital Interaction referenced by or displaying this Privacy Policy. If you do not agree with these terms, do not access or use the Services, Site, or any other aspect of Vital Interaction’s business.

Applicability

This Policy does not apply to any third-party websites, mobile apps, or other digital products that integrate with the Site or Services, or any other third-party products, services, or businesses. Subscribers are solely responsible for establishing their own security and privacy practices and for ensuring compliance with all applicable laws, regulations, policies, agreements, and other obligations relating to the collection of personal information.

The security and privacy practices of Vital Interaction related to information collected under the direction of Subscribers and used for the limited purposes of providing the Services (“Service Data”) may be governed by the Master Subscription and Services Agreement (MSSA), our Terms of Service Agreement (TOS), or any other applicable agreement between Vital Interaction and a Subscriber relating to Subscriber access to and use of the Services (collectively referred to as the “Agreement”) in addition to or instead of this Privacy Policy. The use of the Service Data by the Subscriber is controlled by the Subscriber and is not governed by this Privacy Policy. If you are an End-User who interacts with a Subscriber using the Services and require additional information about such privacy practices, assistance or would like to exercise your privacy rights (for example, to acquire access to, correct, amend, delete, port, or restrict processing of your information), please contact the Subscriber that you interact with directly.

2. What Information We Collect

Vital Interaction may collect or receive information about each person who registers with the Vital Interaction Site and/or Services including, but not limited to, user name, password, first and last name, email address, street address, gender, occupation, and interests. Vital Interaction also collects information on the pages you access and other information you may volunteer, such as survey information. Vital Interaction may also collect user location information, as further described in the “Global Positioning System” paragraph below.

We may collect or receive personal information from you at various points, including but not limited to:

• when we correspond with you;

• when you visit the Site and/or Services;

• when you register as an End-User and an account is created for you;

• when you provide information, such as user contributed content, survey information or join our mailing list;

• when you contact us for help;

• when the Site and/or Services create error reports or collect log data; and

• when engaged by a customer to perform services for them or on their behalf.

Some personal information may also be collected by a third-party as a service provider or other vendor. If you interact with some third party services, such as social media companies, particularly where you have an account with the third party, they may collect additional information separate from Vital Interaction

3. How We Use Your Information

Vital Interaction may collect or receive information about each person who registers with the Vital Interaction Site and/or Services including, but not limited to, user name, password, first and last name, email address, street address, gender, occupation, and interests. Vital Interaction also collects information on the pages you access and other information you may volunteer, such as survey information. Vital Interaction may also collect user location information, as further described in the “Global Positioning System” paragraph below.

We may collect or receive personal information from you at various points, including but not limited to:

• when we correspond with you;

• when you visit the Site and/or Services;

• when you register as an End-User and an account is created for you;

• when you provide information, such as user contributed content, survey information or join our mailing list;

• when you contact us for help;

• when the Site and/or Services create error reports or collect log data; and

• when engaged by a customer to perform services for them or on their behalf.

Some personal information may also be collected by a third-party as a service provider or other vendor. If you interact with some third party services, such as social media companies, particularly where you have an account with the third party, they may collect additional information separate from Vital Interaction

4. Information We Share with Third Parties

Except to the extent restricted by an Agreement or applicable law, Vital Interaction may use and share personal information that we collect or receive about you to:

• deliver the products and services that you have requested;

• manage your customer relationship and provide you with customer support;

• perform analysis about your use of the Site and/or Services;

• communicate with you by e-mail, postal mail, telephone and/or mobile devices about products or services that may be of interest to you;

• enforce our terms and conditions and other agreements;

• perform services as a processor on behalf of our customer;

• manage our business, including testing, development and other functions as part of improving and expanding the services offered;

• conduct a sale of all or substantially all of our business or assets, which includes the sale, assignment or other transfer of your personal information in connection with such transaction.

• respond to an investigation, court order, or legal process, or to investigate, prevent or take action regarding illegal activities, suspected fraud, or situations involving potential threats to the physical safety of any person, or as otherwise required by law; and

• perform functions as otherwise described to you at the time of collection.

WE WILL NEVER SELL YOUR EMAIL ADDRESS, OR ANY OTHER PERSONAL INFORMATION, TO ANY THIRD PARTY WITHOUT YOUR PERMISSION. EVER.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the stated categories in this privacy policy exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Except as described in this Privacy Policy, we will not disclose your personal information to any third party without notifying you of our intent to share the information and giving you an opportunity to prevent your information from being shared.

From time to time, we may partner with companies based on the interests of our users. These partner companies will never see your email address or any other information that could identify you or be used to contact you directly.

Any exceptions to this policy of sharing your name, address, or email address with a partner company will be done only with your permission.

Vital Interaction reserves the right to disclose information when required by law.

We use other companies to perform services necessary to our operations. In the course of providing these services, those companies may have access to your personal information. By contractual agreement, those companies must treat your information in accordance with this Privacy Policy. However, we will not be liable for any damages that may result from the misuse of your personal information by these companies.

Vital Interaction may use your IP address to help diagnose problems with Vital Interaction’s server and to administer Vital Interaction’s web site. Your IP address may also be used to help identify you and your online profile and to gather broad demographic information.

The Vital Interaction site registration form requires users to give Vital Interaction contact information (such as your name and email address) and demographic information (such as your zip code, age, or income level). Vital Interaction uses your contact information from the registration form to send you information about Vital Interaction and promotional material from some of Vital Interaction’s partners. Your contact information may also be used to contact you when necessary. Vital Interaction may use demographic and/or profile data to tailor your experience on the Vital Interaction website and/or applications, show you content that Vital Interaction thinks you may be interested in, and display content according to your preferences.

We may also disclose, on an anonymous basis, statements made by our users about Vital Interaction. With your consent, we may also post your name along with your testimonial.

5. Children’s Policy

We do not knowingly collect any information from anyone who we know to be under the age of 13. If you are under the age of 18, you should use this website only with the involvement of a parent or guardian and should not submit any personal information to us. If we discover that a person under the age of 13 has provided us with any personal information, we will use commercially reasonable efforts to delete such person’s personal information from all Vital Interaction systems.

6. Use of Location Services

Global Positioning System (GPS) tracking technology may need to be enabled in Vital Interaction products and services in order to determine the location (latitude and longitude) of users of the Vital Interaction products and services. This information is transmitted to Vital Interaction, Vital Interaction’s users, and temporarily stored by Vital Interaction. Vital Interaction does not provide this information to any other third party. This information is used in conjunction with Vital Interaction’s applications.

7. How We Store and Protect Your Data

Vital Interaction uses industry-standard technologies when transferring and receiving consumer data exchanged between Vital Interaction and other companies to help ensure its security. This site has security measures in place to protect the loss, misuse, and alteration of the information under Vital Interaction’s control. Vital Interaction’s servers are backed up regularly and protected by security systems. However, there is no guarantee that your personal information in any system is completely secure.

8. Use of Cookies and Tracking Technologies

“Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. The Vital Interaction site uses cookies to keep track of your session, shopping cart, and advertising delivery. Vital Interaction may also use cookies to deliver content specific to your interests and to save your password. Vital Interaction may use an outside ad company to display ads on the Vital Interaction site. These ads may also contain cookies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use on our sites and software. We also may include web beacons in promotional e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our users to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities. We may allow third parties, including our authorized service providers, advertising companies, and ad networks, to display advertisements on our Site and/or Services. Vital Interaction and these companies may use tracking technologies, such as cookies, to collect information about users who view or interact with these advertisements and connect to the Vital Interaction properties and/or software. This information allows Vital Interaction and these companies to deliver targeted advertisements and gauge their effectiveness.

9. Do Not Track Requests

Your web browser may have a setting that allows you to automatically send a “Do Not Track” message to the websites you visit. Vital Interaction does not currently have technology to respond to such requests.

10. Links

Vital Interaction may create links to other web sites. Vital Interaction will make a reasonable effort to link only to sites that meet similar standards for maintaining each individual’s right to privacy. However, many other sites that are not associated or authorized by Vital Interaction may have links leading to our site. Vital Interaction cannot control these links and Vital Interaction is not responsible for any content appearing on these sites.

11. HIPAA

Service Data may include health information provided by Subscribers or End-Users. Vital Interaction’s collection, use and disclosure of such Service Data is governed by the Agreement with the Subscriber as required by the Health Insurance Portability and Accountability Act (HIPAA). Vital Interaction, to the extent it is a “business associate” as defined by HIPAA, makes satisfactory assurances of data protection in the form of written agreements with healthcare providers (“covered entities”). Our privacy and security practices are designed to comply with these agreements. Among other such restrictions and conditions, these agreements provide that we will:

• use reasonable and appropriate safeguards to prevent unauthorized use or disclosure of Protected Health Information (“PHI”);

• provide appropriate notifications concerning unauthorized use or disclosures of PHI, security incidents, or breaches of PHI which we become aware of;

• restrict the usage and disclosure of PHI to that which is permitted under the agreement, allowed under HIPAA, and/or required by law;

• make available to covered entities information necessary for them to fulfill requests by End-Users to exercise their privacy rights (for example, to acquire access to, correct, amend, delete, port, or restrict processing of their information, or to make an accounting of disclosures available) in accordance with HIPAA regulations;

• and at the termination of the agreement, if feasible, return or destroy all PHI received from, created for, or received by Vital Interaction on behalf of a covered entity.

Vital Interaction enters into written agreements with subcontractor business associates to ensure the subcontractor business associate makes satisfactory assurances under HIPAA with respect to PHI.

Vital Interaction may de-identify PHI pursuant to HIPAA, aggregate this de-identified information, and use such aggregated information for analytical purposes. When such de-identified information is used or disclosed, it may be subject to re-disclosure and may no longer be protected by state or federal privacy regulations.

For more information regarding your rights under HIPAA, see http://www.hhs.gov/ocr/privacy .