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PRIVACY POLICY

Last updated:February 2, 2023

At Calibrate, we take your privacy seriously. This Privacy Policy explains how
we access, use and share your personal data. By accessing or using our Services
in any manner, you acknowledge that you accept the practices and policies
outlined below, and you consent to our collection, use and sharing of your
information as described in this Privacy Policy.

Your use of Calibrate's Services is subject at all times to our Terms of Use,
which incorporates this Privacy Policy. Any terms we use in this Policy without
defining them have the definitions assigned in the Terms of Use.


TABLE OF CONTENTS:

 1.  What this Privacy Policy Covers
 2.  Personal Data
 3.  How We Share Your Personal Data
 4.  Tracking Tools, Advertising and Opt-Out
 5.  Data Security and Retention
 6.  Personal Data of Children
 7.  California Resident Rights
 8.  Other State Law Privacy Rights
 9.  Changes to this Privacy Policy
 10. Contact Information


WHAT THIS PRIVACY POLICY COVERS

This Privacy Policy covers how Calibrate Health, Inc. and its affiliated
entities (collectively “Calibrate”) may access, use and share your Personal Data
when you access or use our Services. “Personal Data” means any information that
identifies or relates to a particular individual and also includes information
referred to as “personally identifiable information” or “personal information”
under applicable data privacy laws, rules or regulations.

This Privacy Policy does not cover the practices of third parties and/or
companies that Calibrate doesn’t own or control or people we don’t manage. This
Privacy Policy also does not cover Protected Health Information (as defined by
the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and
HIPAA Privacy Rule) collected by the Practice (as defined herein) and providers
with whom Calibrate contracts to facilitate medical visits through the Calibrate
platform. Calibrate currently contracts with these medical groups (the
“Practice”), however, the medical groups we contract with may change from time
to time. The Calibrate Notice of Privacy Practices describes how Calibrate and
the Practice may use and disclose your Protected Health Information. If you do
not agree to those terms, which are available here, you should not access or use
Calibrate services.


PERSONAL DATA

CATEGORIES OF PERSONAL DATA WE COLLECT

This chart details the categories of Personal Data that we collect and have
collected over the past 12 months:



CATEGORIES OF SOURCES OF PERSONAL DATA

We may collect Personal Data about you from the following categories of sources:

1. You

When you provide information directly to us by:

 * creating an account or use our interactive tools and Services.
 * linking your activity tracker or wireless-enabled wearable technology device
   (such as a Fitbit or Apple watch) to the Services to track metrics such as
   sleep minutes per day.
 * providing information in free-form text boxes through the Services or through
   responses to surveys or questionnaires.
 * sending us an email or other electronic message.

When you use the Services and information is collected automatically:

 * through Cookies (as defined in the “Tracking Tools, Advertising and Opt-Out”
   section below).
 * if you use a location-enabled browser, we may receive information about your
   location.
 * if you download and install certain applications and software we make
   available, we may receive and collect information transmitted from your
   computing device to provide you with Services, such as information about when
   you are logged on and available to receive updates or alert notices.

2. Third Parties

Vendors

 * We may use analytics providers to analyze how you interact and engage with
   the Services.
 * We may use third parties to help us provide you with customer support.
 * We may use vendors to obtain information to generate leads and create user
   profiles.

Employers

 * If your employer makes the Services available to you as a benefit of
   employment, we may receive certain information from them about you to enable
   your account and/or facilitate provision of or payment for the Services.

Affiliates

 * We may receive information about your participation in the Services from our
   affiliates, such as professional health care providers, dietitians, or
   nutritionists (including the Practice and Providers).

Advertising Partners

 * We receive information about you from some of our vendors who assist us with
   marketing or promotional services related to how you interact with our
   websites, applications, products, Services, advertisements or communications.

Social Networks

 * If you provide your social network account credentials to us or otherwise
   sign in to the Services through a third-party site or service, some content
   and/or information in those accounts may be transmitted into your account
   with us.




OUR COMMERCIAL OR BUSINESS PURPOSES FOR COLLECTING PERSONAL DATA

Providing, Customizing and Improving the Services

 * Creating and managing your account or other user profiles.
 * Processing orders or other transactions; billing.
 * Providing you with the products, services or information you request.
 * Meeting or fulfilling the reason you provided the information to us.
 * Providing support and assistance for the Services.
 * Improving the Services, including testing, research, internal analytics and
   product development.
 * Personalizing the Services, website content and communications based on your
   preferences.
 * Doing fraud protection, security and debugging.
 * Carrying out other business purposes stated when collecting your Personal
   Data or as otherwise set forth in applicable data privacy laws, such as the
   California Consumer Privacy Act (the “CCPA”).

Marketing the Services

 * Marketing and selling the Services.
 * Showing you advertisements, including interest-based or online behavioral
   advertising.

Corresponding with You

 * Responding to correspondence that we receive from you, contacting you when
   necessary or requested, and sending you information about Calibrate or the
   Services.
 * Sending emails and other communications according to your preferences or that
   display content that we think will interest you.

Meeting Legal Requirements and Enforcing Legal Terms

 * Fulfilling our legal obligations under applicable law, regulation, court
   order or other legal process, such as preventing, detecting and investigating
   security incidents and potentially illegal or prohibited activities.
 * Protecting the rights, property or safety of you, Calibrate or another party.
 * Enforcing any agreements with you.
 * Responding to claims that any posting or other content violates third-party
   rights.
 * Resolving disputes.

We will not collect additional categories of Personal Data or use the Personal
Data we collected for materially different, unrelated or incompatible purposes
without updating this policy.


HOW WE SHARE YOUR PERSONAL DATA

We may disclose your Personal Data to the categories of service providers and
other parties described in this section. Depending on applicable state law, some
of these disclosures may constitute a “sale” of your Personal Data. Additional
information is provided in the state-specific sections below.

Service Providers. These parties help us provide the Services or perform
business functions on our behalf. They include:

 * Hosting, technology and communication (including email) providers.
 * Security and fraud prevention consultants.
 * Support and customer service vendors.
 * Product fulfillment and delivery providers.
 * Data analytics providers.
 * Payment processors. Our payment processing partner Stripe, Inc. (“Stripe”)
   collects your voluntarily-provided payment card information necessary to
   process your payment. Please see Stripe’s terms of service and privacy policy
   for information on its use and storage of your Personal Data.

Advertising Partners. These parties help us market our services and provide you
with other offers that may be of interest to you. They include:

 * Ad networks.
 * Marketing providers.

Analytics Partners. These parties provide analytics on web traffic or usage of
the Services. They include:

 * Companies that track how users found or were referred to the Services.
 * Companies that track how users interact with the Services.

Business Partners. These parties partner with us in offering various services.
They include:

 * Businesses that you have a relationship with.
 * Companies that we partner with to offer joint promotional offers or
   opportunities.

Parties You Authorize, Access or Authenticate.

 * Third parties you access through the services.
 * Social media services.
 * Other users.

Legal Obligations

We may share any Personal Data we collect with third parties to assist in
“Meeting Legal Requirements and Enforcing Legal Terms” as described in “Our
Commercial or Business Purposes for Collecting Personal Data” above.

Business Transfers

All your Personal Data that we collect may be transferred to a third party if we
undergo a merger, acquisition, bankruptcy or other transaction in which that
third party assumes control of our business (in whole or in part). Should such
an event occur, we will make reasonable efforts to notify you before your
information becomes subject to different privacy and security policies and
practices.

Data that is Not Personal Data

We may create aggregated, de-identified or anonymized data from the Personal
Data we collect, including by removing information that makes the data
personally identifiable to a particular user. We may use such aggregated,
de-identified or anonymized data and share it with third parties for our lawful
business purposes, including to analyze, build and improve the Services and
promote our business, provided that we will not share such data in a manner that
could identify you.


TRACKING TOOLS, ADVERTISING AND OPT-OUT

The Services use cookies and similar technologies such as pixel tags, web
beacons, clear GIFs and JavaScript (collectively, “Cookies”) to enable our
servers to recognize your web browser, tell us how and when you visit and use
our Services, analyze trends, learn about our user base and operate and improve
our Services. Cookies are small pieces of data – usually text files – placed on
your computer, tablet, phone or similar device when you use that device to
access our Services. We may also supplement the information we collect from you
with information received from third parties, including third parties that have
placed their own Cookies on your device(s). Because of our use of Cookies, the
Services do not support “Do Not Track” requests sent from a browser at this
time.

We use the following types of Cookies:

 * Essential Cookies. Essential Cookies are required for providing you with
   features or services that you have requested. For example, certain Cookies
   enable you to log into secure areas of our Services. Disabling these Cookies
   may make certain features and services unavailable.
 * Functional Cookies. Functional Cookies are used to record your choices and
   settings regarding our Services, maintain your preferences over time and
   recognize you when you return to our Services. These Cookies help us to
   personalize our content for you and remember your preferences (for example,
   your choice of language or region).
 * Performance/Analytical Cookies. Performance/Analytical Cookies allow us to
   understand how visitors use our Services. They do this by collecting
   information about the number of visitors to the Services, what pages visitors
   view on our Services and how long visitors are viewing pages on the Services.
   Performance/Analytical Cookies also help us measure the performance of our
   advertising campaigns in order to help us improve our campaigns and the
   Services’ content for those who engage with our advertising. For example,
   Google LLC (“Google”) uses cookies in connection with its Google Analytics
   services. Google’s ability to use and share information collected by Google
   Analytics about your visits to the Services is subject to the Google
   Analytics Terms of Use and the Google Privacy Policy. You have the option to
   opt-out of Google’s use of Cookies by visiting the Google advertising opt-out
   page at www.google.com/privacy_ads.html or the Google Analytics Opt-out
   Browser Add-on at https://tools.google.com/dlpage/gaoptout/.
 * Retargeting/Advertising Cookies. Retargeting/Advertising Cookies collect data
   about your online activity and identify your interests so that we can provide
   advertising that we believe is relevant to you. For more information about
   this, please see the section below titled “Information about Interest-Based
   Advertisements.”

You can decide whether or not to accept Cookies through your internet browser’s
settings. Most browsers have an option for turning off the Cookie feature, which
will prevent your browser from accepting new Cookies, as well as (depending on
the sophistication of your browser software) allow you to decide on acceptance
of each new Cookie in a variety of ways. You can also delete all Cookies that
are already on your device. If you do this, however, you may have to manually
adjust some preferences every time you visit our website and some of the
Services and functionalities may not work.

To explore what Cookie settings are available to you, look in the “preferences”
or “options” section of your browser’s menu. To find out more information about
Cookies, including information about how to manage and delete Cookies, please
visit https://www.allaboutcookies.org/.

Information about Interest-Based Advertisements:

We may serve advertisements, and also allow third-party ad networks, including
third-party ad servers, ad agencies, ad technology vendors and research firms,
to serve advertisements through the Services. These advertisements may be
targeted to users who fit certain general profile categories or display certain
preferences or behaviors (“Interest-Based Ads”). Information for Interest-Based
Ads (including Personal Data) may be provided to us by you, or derived from the
usage patterns of particular users on the Services and/or services of third
parties. Such information may be gathered through tracking users’ activities
across time and unaffiliated properties, including when you leave the Services.
To accomplish this, we or our service providers may deliver Cookies, including a
file (known as a “web beacon”) from an ad network to you through the Services.
Web beacons allow ad networks to provide anonymized, aggregated auditing,
research and reporting for us and for advertisers. Web beacons also enable ad
networks to serve targeted advertisements to you when you visit other websites.
Web beacons allow ad networks to view, edit or set their own Cookies on your
browser, just as if you had requested a web page from their site.

We comply with the Digital Advertising Alliance (“DAA”) Self-Regulatory
Principles for Online Behavioral Advertising. Through the DAA and Network
Advertising Initiative (“NAI”), several media and marketing associations have
developed an industry self-regulatory program to give consumers a better
understanding of, and greater control over, ads that are customized based on a
consumer’s online behavior across different websites and properties. To make
choices about Interest-Based Ads from participating third parties, including to
opt-out of receiving behaviorally targeted advertisements from participating
organizations, please visit the DAA’s or NAI’s consumer opt-out pages, at
http://www.networkadvertising.org/choices/ or www.aboutads.info/choices.


DATA SECURITY AND RETENTION

We seek to protect your Personal Data from unauthorized access, use and
disclosure by using appropriate physical, technical, organizational and
administrative security measures based on the type of Personal Data and how we
are processing that data. You should also help protect your data by
appropriately selecting and protecting your password and/or other sign-on
mechanism; limiting access to your computer or device and browser; and signing
off after you have finished accessing your account. Although we work to protect
the security of your account and other data that we hold in our records, please
be aware that no method of transmitting data over the internet or storing data
is completely secure.

We retain Personal Data about you for as long as you have an open account with
us or as otherwise necessary to provide you with our Services. In some cases we
retain Personal Data for longer, if doing so is necessary to comply with our
legal obligations, resolve disputes or collect fees owed, or is otherwise
permitted or required by applicable law, rule or regulation. We may further
retain information in an anonymous or aggregated form where that information
would not identify you personally.


PERSONAL DATA OF CHILDREN

Calibrate Services are only available to individuals age 18 or older and we do
not knowingly collect or solicit Personal Data about children under 13 years of
age. If you are a child under the age of 13, do not attempt to register for or
otherwise use the Services or send us any Personal Data. If we learn we have
collected Personal Data from a child under 13 years of age, we will delete that
information as soon as possible. If you believe that a child under 13 years of
age may have provided Personal Data to us, contact us at
privacy@joincalibrate.com.


CALIFORNIA RESIDENT RIGHTS

If you are a California resident, you have the rights set forth in this section.
Please see the “Exercising Your Rights” section below for instructions regarding
how to exercise these rights. Please note that we may process Personal Data of
our customers’ end users or employees in connection with our provision of
certain services to our customers. If we are processing your Personal Data as a
service provider, you should contact the entity that collected your Personal
Data in the first instance to address your rights with respect to such data.

If there are any conflicts between this section and any other provision of this
Privacy Policy and you are a California resident, the portion that is more
protective of Personal Data shall control to the extent of such conflict. If you
have any questions about this section or whether any of the following rights
apply to you, please contact us at privacy@joincalibrate.com.

Access

You have the right to request certain information about our collection and use
of your Personal Data over the past 12 months. In response, we will provide you
with the following information:

 * The categories of Personal Data that we have collected about you.
 * The categories of sources from which that Personal Data was collected.
 * The business or commercial purpose for collecting or selling your Personal
   Data.
 * The categories of third parties with whom we have shared your Personal Data.
 * The specific pieces of Personal Data that we have collected about you.

If we have disclosed your Personal Data to any third parties for a business
purpose over the past 12 months, we will identify the categories of Personal
Data shared with each category of third party recipient. If we have sold your
Personal Data over the past 12 months, we will identify the categories of
Personal Data sold to each category of third party recipient.

Deletion

You have the right to request that we delete the Personal Data that we have
collected about you. Under the CCPA, this right is subject to certain
exceptions: for example, we may need to retain your Personal Data to provide you
with the Services or to complete a transaction or other action you have
requested. If your deletion request is subject to one of these exceptions, we
may deny your deletion request.

Exercising Your Rights

To exercise the rights described above, you or your Authorized Agent (as defined
below) must send us a request that (1) provides sufficient information to allow
us to verify that you are the person about whom we have collected Personal Data
(first and last name and email address and you may be asked to provide your
telephone number or address), and (2) describes your request in sufficient
detail to allow us to understand, evaluate and respond to it. Each request that
meets both of these criteria will be considered a “Valid Request.” We may not
respond to requests that do not meet these criteria. We will only use Personal
Data provided in a Valid Request to verify your identity and complete your
request. You do not need an account to submit a Valid Request.

We will work to respond to your Valid Request within 45 days of receipt. We will
not charge you a fee for making a Valid Request unless your Valid Request(s) is
excessive, repetitive or manifestly unfounded. If we determine that your Valid
Request warrants a fee, we will notify you of the fee and explain that decision
before completing your request.

You may submit a Valid Request by emailing us at privacy@joincalibrate.com or
sending a request to Privacy at Calibrate Health, 105 West 86th Street, Suite
514, New York NY 10024.

Your Authorized Agent may exercise your rights on your behalf. We may request a
copy of such Authorized Agent’s written permission or authority when they make a
request on your behalf.

Personal Data Sales Opt-Out and Opt-In

Calibrate does not receive remuneration from third parties for your Personal
Data and has not over the last 12 months. To our knowledge, we do not sell any
Personal Data of minors under 16 years of age.

We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA

We will not discriminate against you for exercising your rights under this
Privacy Policy, the CCPA, or other applicable law. We will not deny you our
goods or services, charge you different prices or rates, or provide you a lower
quality of goods and services if you exercise your rights under this Privacy
Policy, the CCPA or other applicable law. However, we may offer different tiers
of Services as permitted by applicable data privacy laws (including the CCPA)
with varying prices, rates or levels of quality of the goods or services you
receive related to the value of Personal Data that we receive from you.


OTHER STATE LAW PRIVACY RIGHTS

California Resident Rights

Under California Civil Code Sections 1798.83-1798.84, California residents are
entitled to contact us to prevent disclosure of Personal Data to third parties
for such third parties’ direct marketing purposes; in order to submit such a
request, please contact us at privacy@joincalibrate.com.

Nevada Resident Rights

If you are a resident of Nevada, you have the right to opt-out of the sale of
certain Personal Data to third parties who intend to license or sell that
Personal Data. You can exercise this right by contacting us at
privacy@joincalibrate.com with the subject line “Nevada Do Not Sell Request” and
providing us with your full name and the email address associated with your
account.

Connecticut, Colorado, Utah and Virginia Resident Rights

If you are a resident of Connecticut, Colorado, Utah or Virginia, you may have
the right to opt-out of the sale of certain Personal Data to certain third
parties. You can exercise this right by contacting us at
privacy@joincalibrate.com with the subject line “Do Not Sell Request” and
providing us with your state of residence, full name and the email address
associated with your account.


CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy from time to time; when we do, we will post
the updated Privacy Policy on the Calibrate website. Please check the revision
date at the top of this Privacy Policy to see if it has been updated since you
last reviewed it. The updated Privacy Policy will be effective immediately upon
posting on the Calibrate website; if you continue to use the Services after the
Privacy Policy has been updated, that means you agree to all of the changes. If
you object to any update of the Privacy Policy, your sole recourse is to stop
using the Services.


CONTACT INFORMATION

If you have any questions about this Privacy Policy, the ways in which we
collect and use your Personal Data, and/or your choices and rights regarding
such collection and use, please email privacy@joincalibrate.com or contact us at
Privacy at Calibrate, 105 West 86th Street, Suite 514, New York NY 10024.


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