Privacy Notice

This Privacy Notice (“Privacy Notice” or “Notice”) describes how BetterBrain Health, Inc. (“BetterBrain,” “we,” “our,” or “us”) and our affiliates, subsidiaries, and other related entities (collectively, “Related Entities”) and contracted professional entities collect, use, share, and protect personal information when you access or use our websites, applications, services, and related offerings (collectively, the “Services”). Please read it carefully to understand how we collect, use, and protect your information.

BetterBrain operates the BetterBrain platform and manages non-clinical and administrative aspects of the Services, including technology, analytics, and customer experience. Certain health, wellness or diagnostic services available through the Services are provided by licensed professionals affiliated with third-party professional entities with whom BetterBrain has a contract, including: Cognitive Nutrition & Wellness, LLC; Pesto Health, Inc.; Adept Labs, Inc. d/b/a Vital, its affiliate Openloop Healthcare Partners, PC; Cloud Health Medical Group, P.A.; and other medical or laboratory partners (collectively, the “Third-Party Providers”). These entities are responsible for their own clinical operations and the care they provide.

This Privacy Notice does not apply to medical and treatment information collected by health care providers who may use our Services. BETTERBRAIN CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PERSONAL OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED, OR RECEIVED WHILE USING THE SERVICES.

When you engage with Third-Party Providers through our platform, those providers may collect, use, and share “Protected Health Information” (or “PHI”) as defined under the Health Insurance Portability and Accountability Act (“HIPAA”) in accordance with HIPAA and their own Notice of Privacy Practices. When BetterBrain acts as a Business Associate of a Covered Entity as such terms are defined by HIPAA (for example, by handling laboratory or telehealth data on their behalf), we protect PHI as required by HIPAA and our contracts with these Third-Party Providers. Any information we collect or process from your use of our website, non-clinical coaching features, or marketing or administrative tools—will be handled in accordance with this Privacy Notice and in accordance with all applicable laws and regulations at the federal, state, and local levels in the United States (collectively, “Applicable Law”).

By creating an account, scheduling a session, or otherwise accessing or using the Services, you acknowledge and agree that you have read and understand this Notice. This Notice is binding on all those who access or use the Services, whether acting as an individual or on behalf of an entity, including you and all persons, entities, or digital engines of any kind that harvest, crawl, index, scrape, spider, or mine digital content by an automated or manual process or otherwise. If you do not agree to be bound by this Notice including any subsequent modifications to it, you should not access the Services or disclose any personal information through the Services. This Notice is incorporated into and part of our Terms and Conditions.

Questions or concerns? This Notice is intended to help you understand how we may process your personal information, including how BetterBrain collects, uses, and protects your information. If you have questions, please contact our Privacy Officer at legal@betterbrain.com.

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you visit our website, register for our Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or when you otherwise contact us.

• Identifiers. Identifiers such as your first and last name, postal address, telephone number, online identifier, IP address, email address, account name, your date of birth, or other similar identifiers.
• Internet or other similar network activity. This may include browsing history, including data about the webpages you visit before and after visiting the Services, and web browser specifications. This may also include device, connectivity, and configuration data such as data about your device and nearby networks, including internet connection information, computer equipment information, and language settings. This information is primarily needed to maintain the security and operation of our Services and for our internal analytics and reporting purposes.
• Anonymized or aggregated data. This may include anonymized and aggregated information that may be created or derived from your personal information or usage of our Services. We also collect anonymized and aggregated information through analytics providers, with whom we have a Business Associate Agreement, that may be created or derived from your usage of our Services for purposes that include data analysis and improving our Services.
• Geolocation data. This may include device location to the extent that you have enabled location tracking on your device(s).
• Social network interactions. This may include information provided by certain social networking services that may facilitate registration or enhance or personalize your experience on the Services. This includes if you “follow,” “like,” or link your social networking account to the Services. Your decision to use a social networking service in connection with the Services is voluntary. However, you should make sure you are comfortable with the information your third-party social networking services may make available by reviewing privacy policies of those providers and/or modifying your privacy settings directly with those networking services.
• Payment data. This may include transaction information provided by you when using the Services such as name, billing address, payment information and other financial data. Your data may be necessary to process your payments if you make purchases, such as your payment instrument number, and the security code associated with your payment instrument. Payments submitted in connection with the Services must be made via the Services by credit, debit card, or through alternate payment methods (such as Google Pay, PayPal, etc.) where such alternate payment methods are made available as an option. Please note that alternate payment methods may be provided by third parties (e.g., Google Pay via Google), subject to that third party’s privacy policy. This Notice does not apply to such third party’s collection and use of your information. Please review the applicable third party’s privacy policy. With regard to credit and debit card payment, all credit and debit card information is provided directly to our third-party payment processor. We do not directly access, handle, or store your credit or debit card information. To submit payment using the Services, you will need to provide your name, email address, telephone number, and your credit or debit card number, expiration date, and security code, as well as any such information as necessary to verify the applicable payment. Our payment processor will use your payment-related information in accordance with its privacy policy. Where an online storefront on the Services is hosted or powered by a third party, we encourage you to review any posted terms and privacy policies.
• Telehealth and Virtual Services. When you use the Services to access or participate in a telehealth, virtual, or remote coaching session with a clinician, registered dietitian, or other professional, we collect and process information you share during that session in accordance with this Privacy Notice and the provider’s Notice of Privacy Practices.

Any personal information that you provide to us must be true, complete, and accurate, and you should notify us of any changes to such personal information, as applicable. By providing any personal information to us, you represent and warrant that you are providing or obtaining only your own information or the information of others that you are authorized to provide to third parties and/or obtain from third parties on their behalf, and the use of such information by BetterBrain and its Related Entities will not infringe upon or misappropriate the intellectual property rights or otherwise violate the rights (including privacy rights) of any third parties.

Sensitive Data. We may collect certain categories of “Sensitive Personal Information” or “Sensitive Personal Data” as defined under Applicable Law, which may include information about your health, genetic or biometric data, precise geolocation, and other data that reveals personal characteristics.  We collect and use this information only as permitted by Applicable Law and, where applicable, in accordance with HIPAA.

Where required by Applicable Law, including for certain categories of Sensitive Personal Information or processing activities, we will obtain your opt-in consent before processing any such Sensitive Personal Information.

We use Sensitive Personal Information solely for the limited purposes described in this Privacy Notice, including to:

• Provide and administer the Services you request, including virtual or remote coaching sessions and wellness programs;
• Comply with our legal and regulatory obligations under Applicable Law;
• Maintain the security and integrity of our systems and the safety of individuals; and
• Conduct quality assurance, training, or analytics consistent with Applicable Law.

We do not sell or share Sensitive Personal Information for cross-context behavioral advertising. We may use Sensitive Personal Information to create de-identified or aggregated data that cannot reasonably be used to identify you. We take reasonable measures to ensure such data cannot be re-associated with any individual, and we will not attempt to re-identify it except for purposes of testing and maintaining our de-identification processes.

Information automatically collected

In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.

We automatically collect certain information when you visit, use, or navigate the Services. This information may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services and for our internal analytics and reporting purposes. Such information may be collected via cookies and other digital tracking technologies, and we have a Business Associate Agreement in place with vendors who create or receive such information on our behalf, where required. Please see the “DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?” section further below for additional information about our use of cookies and other digital tracking technologies.

The information we collect may include:

• Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services. Depending on how you interact with our Services, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports and hardware settings).

• Device Data. We may collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.

Analytics. The Services may use third-party analytics tools to collect and process data about your use of the Services, including when you visit the Services, URLs of the websites that you visit prior to visiting the Services and when you visit those websites, and IP addresses assigned to the devices from where you access the Internet.

Advertising Networks. From time to time the Services may use or participate in third-party advertising networks and related advertising services that are managed and provided by third-party advertising servers, advertising agencies, technology vendors, and research firms.

Such third parties, including advertisers and analytics companies, may collect information, potentially including personal information, about your activities over time and across different websites when you use our Services. Such third parties may provide BetterBrain with data collection, reporting, ad response measurement, and other analytical information. Such third parties may also assist BetterBrain with digital delivery of relevant messages and advertisements.  BetterBrain has a Business Associate Agreement in place with all such third parties where required.

Please note that the Services are not set up to respond to Do Not Track (DNT) signals. You may opt-out from receiving personalized advertising from some third parties by visiting here. Please note that these choices will not opt you out of receiving advertisements. You will continue to receive generic advertisements.

2. HOW DO WE PROCESS AND DISCLOSE YOUR INFORMATION?

In Short: We process and disclose your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and as otherwise permitted by Applicable Law. We may also process your information for other purposes with your authorization.

We process and disclose your personal information for a variety of reasons, depending on how you interact with our Services, including:

• Services and Purpose Collected; Communication with You. We may use and share your personal information for the purpose for which it was collected, for example, to process and communicate with you in connection with your use of the Services (including your subscriptions, purchases, and account activity), your requests for information, user-generated content you provide, to administer your account (where applicable) and our legitimate business activities (including those on behalf of the Third-Party Providers), to provide customer support to users of the Services, and to provide you with information and communications that you request. User-generated content will be used for the purpose for which it was provided, including to make that content available to other users of the Services, if applicable, as discussed above and in our Terms.
• Personalization; Analytics. To tailor the content and information that we may send or display to you, to suggest personalized help and instructions, and to otherwise personalize your experience while visiting or using our Services. Additionally, we may collect your information and share it with our third-party service providers to understand how our Services are used and to improve the Services (as described further in the “Analytics” section of the Privacy Notice above).
• Communications. We may, to the extent permitted by Applicable Law and in accordance with your preferences, use your personal information to send you promotional communications about us and additional services or care-related offerings that may be of interest to you. In order to provide you with a personalized experience, these communications may be tailored to your preferences based on, for example, inferences we make using your visits to the Services or the links you click on in our emails. You may opt out of receiving promotional communications from us at any time by following the unsubscribe instructions contained in the applicable email or by contacting us using the contact information provided below under “HOW CAN YOU CONTACT US ABOUT THIS NOTICE?”. Specifically with regard to text messaging, if you opt in to receiving text messages (SMS and MMS) on the Services when prompted, we may send you autodialed and other text messages at the telephone number you provide relating to your use of the Services. Consenting to receiving text messages is not required to buy goods or services or to otherwise do business with us. If you do opt in to receiving text messages, you acknowledge and understand that SMS messages are unsecured and that there is a risk of interception by an unauthorized party. Message and data rates may apply. Note that, even if you opt out of receiving promotional communications from us, you may still receive administrative and other non-marketing communications from us with respect to your use of the Services.
• Disclosing Information.
  • To our Related Entities: Based on how you use the Services and the information that you provide to or request from us, we may share your name, contact information, and related personal information with the Third-Party Providers who may provide your care. Our Third-Party Providers may contact you directly with respect to such products and services, provided that if Applicable Law requires, your prior consent will be obtained. You may opt out of receiving communications from any such provider pursuant to that entity’s own policies. You may opt out of receiving communications from us by contacting us using the information below under “HOW CAN YOU CONTACT US ABOUT THIS NOTICE?”
  • To Our Third-Party Suppliers and Service Providers: We will disclose personal information to our and our Related Entities’ respective suppliers, vendors, and service providers as necessary for us to provide the Services and our products and services to you and to engage in the use and sharing of personal information as permitted by this Notice, our Business Associate Agreements with providers, and Applicable Law. These third parties include, without limitation, our website management and hosting suppliers, customer support providers, those handling the processing and delivery of mailings, cloud storage providers, website analytics providers, payment processors (if and as applicable), product installers, and email service suppliers. Our service providers are authorized to and may use and disclose personal information as necessary for them to provide the applicable products and services to us and as provided by their own privacy policies and our agreements with those third parties.
• Evaluation and Improvement. We may use and disclose personal information to analyze, develop, and improve the content, materials, products, and services that we provide; to inform marketing and communication plans and strategies; to understand user demographics and preferences; to analyze the effectiveness of the Services; to evaluate user needs and customize Services content and the user experience; to better understand how users access and use our Services, both on an aggregated and individualized basis, including monitoring, evaluating, and analyzing which features and portions of the Services are most popular; for troubleshooting; for statistical purposes, including, for example, identifying geographic regions of visitors to our Services; evaluating frequently asked questions from visitors; and for other permitted purposes.
• De-Identified, Anonymized, and Aggregated Data. We may de-identify, anonymize, and/or aggregate personal information and user-generated content, and aggregate other information, and use and disclose that aggregate, anonymized, and/or de-identified data for our business and other purposes, in each case to the extent permitted by Applicable Law and our contracts with Third-Party Providers. Note that such information once de-identified, anonymized and/or aggregated may no longer be considered “personal information” and may not be subject to this Notice. We may also combine aggregated, anonymized, and/or de-identified data with other de-identified data in our possession for purposes of using and disclosing information as described in this Notice and as permitted under Applicable Law.
• Lawful Processes; Protection of Company. We may use and share personal information in accordance with and in response to regulatory authorities, courts with competent jurisdiction, valid law enforcement requests, governmental agency requests, emergency services, and other third parties for legal, protection, security, and safety purposes (e.g., to comply with laws or regulations, to respond to subpoenas and legal processes, to perform credit checks, to protect the safety of our employees, agents, and customers or any other person, or in the public interest). We may use personal information and share it with third parties if we believe doing so is necessary or appropriate to protect our rights or the rights of others, including to enforce our agreements, policies and terms, to bring legal action, to protect our operations and assets, or to pursue remedies or limit damages that we may sustain.
• Business Transactions. If we undergo a change in control, acquisition, merger, reorganization, asset sale (in whole or in part), or similar transaction, we may transfer, sell, share, or otherwise disclose personal information to the subsequent owner(s) or successor(s) of those transactions. We may also disclose personal information in connection with the evaluation of those transactions including as part of due diligence. Also, if we are acquired or if we go out of business, enter bankruptcy, or go through some other change in control or reorganization, personal information may be one of the assets transferred to or acquired by a third party.
• With Your Authorization. With your authorization, we may use and share your personal information and other personal information in ways not specifically described in this Notice.

HIPAA Relationship and Subsidiaries. BetterBrain may act as a Business Associate under HIPAA, depending on the service provided. Third-Party Providers employ the licensed professionals who provide clinical services. PHI collected or received through those services is used and disclosed only as permitted under HIPAA and our Business Associate Agreements with Third-Party Providers. Please review the Notice of Privacy Practices of the healthcare professional who provides you services to find out more information about how your protected health information is handled and your rights regarding that information.

3. DO WE HAVE ANY THIRD-PARTY LINKS OR CONTENT AVAILABLE THROUGH OUR SERVICES?

In Short: Yes, we may provide links to third-party websites and/or embed third-party content through our Services.

Third Party Websites, Links, and Embedded Content. The Services may link to, or be linked to, websites, applications, or services not maintained or controlled by us (collectively, “Linked Sites”). We are not responsible for the privacy policies or practices of any such Linked Sites. This Privacy Notice does not apply to any Linked Sites or to any personal or other information that you may provide to third parties. You should read the privacy policy for any Linked Sites.

Additionally, the Services may incorporate content, including feeds, scripts embedded in the Services’ code, and visible content (e.g., videos), provided by third parties. In some cases, those third parties collect data about how you interact with their content.

Our Services may embed  third-party content in video format in order to make such content available to you. By accessing a part of the Services where any such videos are available, watching an embedded video, or otherwise interacting with any content made available through such content, you signify your agreement with YouTube’s terms and conditions. YouTube collects and otherwise has access to usage data (e.g., what videos you accessed and watched) through videos embedded in the Services as further described in YouTube’s Privacy Notice. YouTube adheres to Google's privacy policies and principles, part of which allow you to control certain privacy settings and which data are collected. For more information, please visit https://www.youtube.com/howyoutubeworks/user-settings/privacy/.

If you click on one of these links or any related embedded content, please understand that you are leaving our Services, and any information you provide will not be covered by this Notice. All links to Linked Sites are provided only because they may be of interest to users of our Services or offer a service for your convenience. The fact that we offer such links should not be construed in any way as an endorsement, authorization or sponsorship of that Linked Site or its content, products or services. Please read that website’s privacy policy before providing any information. Please be aware that we have no control over the content and policies of those sites and cannot accept responsibility or liability for their respective privacy practices.

You acknowledge and agree that BetterBrain has no responsibility for the accuracy or reliability of information provided by or through Linked Sites. BetterBrain does not author, edit or have any responsibility to monitor Linked Sites. You should refer to the separate terms of use, privacy policies, and other rules posted on a Linked Site before you use them. You acknowledge that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your reliance on any information, any good, any service, or any other material provided through a Linked Site. You bear all risk associated with the use of the Linked Sites, third-party services, and your correspondence or business dealings with third parties (including any advertisers) found on or through our Services. We reserve the right to terminate such links at any time.

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.***

The Services automatically use cookies to track your use of the Services for multiple purposes, including to facilitate and enhance the user experience on the Services and for other purposes as described below. Cookies are small pieces of information that are stored on your device’s hard drive by your web browser. We use cookies to learn and track how you access and use the Services, including when and how users visit the Services and how popular particular Service pages are and aren’t. We also use cookies to recognize Services users, to help display information on the Services, and to improve your enjoyment and the usefulness of the Services, for example, by remembering and displaying certain information.

The Services may use both cookies that we implement and cookies implemented by our suppliers and other third parties. “First-party” cookies allow your browser to talk to the actual website that you are visiting, whereas “third-party” cookies allow your browser to talk to third-party websites, such as the source of an ad that appears on the website you are visiting or a third-party analytics provider. Our suppliers may use cookies and tracking technologies to track Service users across the Internet to understand how you get to the Services and for the analytics purposes disclosed in this Privacy Notice and pursuant to a Business Associate Agreement, where required.

A cookie can either be a “session” cookie or a “persistent” cookie. Session cookies exist only for so long as you are visiting the applicable website. Session cookies are typically deleted or removed when you exit or quit your browser application. Persistent cookies exist for a set period of time, which may vary. Each time you visit a website that has implemented a persistent cookie, that cookie will remain active until its predetermined expiration date.

• Operationally necessary cookies (also called essential cookies). These are cookies that are required for the operation of the Services. For example, these cookies are required to identify irregular website behavior, prevent fraudulent activity, and improve security. If you disable necessary cookies, the Services may not operate as intended and you may not enjoy all the functionality of the Services.
• Functional cookies. These cookies allow us to offer you enhanced functionality when accessing or using the Services. This may include but is not limited to remembering choices you make such as your preferences or settings, whether you reacted to something on or through the Services so that you are not asked to react to it again, and whether you have used any feature of the Services before. If functional cookies are disabled, various functions of the Services may be unavailable to you.
• Performance cookies (also called analytical cookies). These cookies assess the performance of the Services, including as part of our analytic practices, to help us understand how visitors use and interact with the Services, for example, which pages on our websites users visit most often. These cookies also enable us to personalize content and remember your preferences. These cookies help us improve the way our Services work and provide a better, personalized user experience.
• Advertising cookies. These cookies record your visits to the Services, the pages you visit on our websites, and certain links you may have click. They gather information about your browsing habits and remember that you have visited a particular website. We and our third-party advertising platforms or networks may use this information to make the Services and its content more relevant to your interests. To find out more about interest-based ads and your choices, please visit the Digital Advertising Alliance, the Network Advertising Initiative, the Interactive Advertising Bureau (IAB) Europe, http://www.allaboutcookies.org, and http://www.youronlinechoices.com.

You can choose whether to accept certain cookies by changing the settings on your browser or device. Each browser has its own methods for doing this. For example, a browser may allow you to reject cookies from certain websites, reject certain types of cookies regardless of the website, reject or disable all cookies from all websites, and/or delete previously stored cookies. Some browsers also give you the option of being notified every time a cookie is sent to your browser by a website. You can disable or limit cookies but doing so may impact your use and enjoyment of the Services and other websites. For detailed instructions on how to disable, block or delete cookies in your browser, consult your browser's help files or visit How to Manage Cookies.

Please bear in mind that if you choose to disable certain cookies, your experience with our Services may be impaired and some features may not work as they were intended. When we use cookies or other similar technologies, we may set the cookies ourselves or ask third parties to do so to help us.

The Services may also use the following types of tracking technologies: web beacons (also called clear GIFs), flash cookies, and pixels (also called pixel tags). Web beacons are tiny graphics with unique identifiers that function similarly to cookies but, in contrast to cookies, web beacons are embedded invisibly on websites. Flash cookies collect and store information about your use of a website and are commonly used for advertisements and videos.

5. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this Notice unless otherwise required or restricted by Applicable Law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this Privacy Notice unless a longer retention period is required or permitted by Applicable Law (such as tax, accounting, or for other legal requirements).

When we have no ongoing legitimate business need or legal obligation to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information until we delete or anonymize it.

6. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

When we collect and process personal information, and while we retain this information, we will protect it within commercially acceptable means designed to prevent loss and theft, as well as unauthorized access, disclosure, copying, use or modification.

Although we will strive to use commercially acceptable means to protect the personal information you provide to us, we advise that no method of electronic transmission or storage is 100% secure, and no one can guarantee absolute data security. As a result, we cannot guarantee or warrant the security of any information you disclose or transmit to us or that is otherwise provided to us, and we cannot be responsible for the theft, destruction, or inadvertent disclosure of information.  Electronic transmission of information over the internet or using information storage technology can be compromised by hackers, cybercriminals, or other unauthorized third parties who may consequently improperly collect, access, or modify your information, after your personal information has been authorized to be stored, shared with another party, or may be inadvertently disclosed beyond your or BetterBrain’s control. As a result, we cannot ensure or guarantee the security of any information you transmit to us. By using the Services, you acknowledge and accept these risks. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

7. DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from, or market to, children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services.

8. WHAT ARE YOUR PRIVACY RIGHTS?

In Short:  You may review, change, or terminate your account at any time.

Withdrawing your consent: If we are relying on your authorization to process your personal information for purposes requiring such authorization under Applicable Law, you have the right to withdraw your authorization at any time. You can withdraw your authorization at any time by contacting us by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below.

However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when Applicable Law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than authorization.

Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, or by contacting us using the details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below. You will then be removed from the marketing lists. However, we may still communicate with you about non-marketing matters — for example, to send you service-related messages for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.

Account information: If you would at any time like to review or change the information in your account or terminate your account, you can contact us using the contact information provided at the end of this Privacy Notice.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our archival or backup files or to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.

9. DO THE SERVICES USE ANY ARTIFICIAL INTELLIGENCE?

In Short: Yes, certain aspects of our Services may use or generate content through the use of artificial intelligence enabled or enhanced technologies.

Certain of our Services may generate or analyze content through the use of artificial intelligence-enabled or -enhanced technologies including, without limitation, self-improving language and content models, machine learning software and algorithms, training improvement models, image recognition and categorization, and/or other functionalities as applicable (collectively, “AI Technologies”). Results, analyses or summaries generated by such Services may be derived from the reports, images, records, content and other material that has been furnished by you.

AI Technologies remain subject to ongoing evolution and refinement. BetterBrain remains committed to constantly improving our Services to increase accuracy, reliability and safety. AI Technologies remain dynamic in nature. As such, use of Services that include such technologies may provide results or analyses that do not accurately reflect details. Your reliance upon any information obtained or used by you from our Services is solely at your own risk. BetterBrain is not responsible for the accuracy of any information or content provided to or sent by you. You are responsible for verifying the accuracy of any information, data or records that you send or receive through our Services.

When you use Services enabled or enhanced by AI Technologies, you acknowledge and agree that:

• Any results, outputs or analyses from such Services may not always be 100% accurate. You should not rely on any such results, outputs or analyses as a source of truth or 100% factual information or as a substitute for professional advice or your own judgment.
• You must evaluate results, outputs and analyses for accuracy, appropriateness and relevance before using or sharing any results, outputs and/or analyses that may derive from Services enabled or enhanced by AI Technologies.

BETTERBRAIN EXPRESSLY DISCLAIMS ALL LIABILITY WITH RESPECT TO ACTIONS TAKEN OR NOT TAKEN BASED ON ANY AI TECHNOLOGIES OR THE CONTENTS OF THE RESULTS, OUTPUTS OR ANALYSES PREPARED IN CONNECTION THEREWITH. BETTERBRAIN IS NOT ENGAGED IN A COMPREHENSIVE INDEPENDENT REVIEW OF THE SUBSTANCE OR ADEQUACY OF ANY RESULTS, OUTPUTS OR ANALYSES THAT MAY BE GENERATED OR DERIVED IN CONNECTION WITH SERVICES ENABLED OR ENHANCED BY AI TECHNOLOGIES.

10. ARE THE SERVICES FOR INTERNATIONAL USERS?

The Services are intended solely for use by individuals located in the United States. If you visit our website or use any Services, your information, including personal information, may be transferred to and maintained on computers located in the United States, where the data protection laws may differ from those where you reside. By using the Services, you consent to the collection and transfer of information about you, including your personal information, in and to the United States and the use and disclosure of information about you, including your personal information, as described in this Notice.

11. DO UNITED STATES RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: Certain U.S. states require additional disclosures and provide users residing in such U.S. states with additional choices and rights. Please see our “CONSUMER HEALTH DATA NOTICE” further below for additional information.

12. DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we may update this Notice from time to time.

We may update this Privacy Notice from time to time. The updated version will be indicated by an updated "Last Updated" date and the updated version will be effective as soon as it is accessible or as otherwise indicated. If we make material changes to this Privacy Notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy Notice frequently to be informed of how we are processing your personal information and to check for any changes.

13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this Notice, you may email our Privacy Officer at legal@betterbrain.com or contact us by post at:

BetterBrain Health, Inc

600 Superior Ave. E., Suite 1800

Cleveland, OH 44114

United States

CONSUMER HEALTH DATA NOTICE

This Consumer Health Data Notice supplements our Notice and applies to Personal Information defined as “consumer health data” under Applicable Laws, including Washington's My Health My Data Act (MHMDA), and the Nevada Health Data Privacy Act (NHDPA). Information that is Protected Health Information under HIPAA is exempt from these laws. Non-PHI that we collect can fall under the following specific categories of consumer health data:

• Individual health conditions, treatment, diseases, or diagnosis;
• Social, psychological, behavioral, and medical interventions;
• Health-related surgeries or procedures;
• Use or purchase of prescribed medication;
• Bodily functions, vital signs, symptoms, or measurements of health information;
• Diagnoses or diagnostic testing, treatment, or medication;
• Gender-affirming care information;
• Reproductive or sexual health information;
• Data that identifies you seeking health care services; or
• Any inferences of the above categories of health data derived or extrapolated from non-health information.

As explained in Section 1 of this Notice, the data we collect and share depends on how you use our Services. Consumer health data is defined broadly, so many categories of data we collect or share may also be considered consumer health data. You can find more information about our purposes for collecting data, including how we use data, in Section 1 of this Notice, and you can find more information about our purposes for sharing data in Section 2 of this Notice.

We may use your consumer health data for the following purposes:

• Connecting you with provider services (including virtual and remote coaching sessions);
• Facilitating tools for your treatment and coaching;
• Communicating with you in providing our Services;
• Monitoring and improving the quality of our Services;
• Personalizing your experience when you use our Services;
• Helping us understand how you use our Services;
• Helping us understand how we can improve our Services to make them more effective and convenient;
• Complying with Applicable Law;
• Protecting your safety and the safety of others;
• Send updates and reminders about our Services and/or your account with us; and
• Monitor and protect the security of our Services.

Consumer health data privacy rights: If you are covered by the MHMDA, the NHDPA, or other applicable consumer health privacy law, then you may have certain rights with respect to consumer health data, including rights to access, request erasure, or withdraw consent relating to such data, subject to certain exceptions.

• Right to access. The right to access any consumer health data collected, shared, or sold by BetterBrain.
• Right to delete. The right to request deletion of any consumer health data relating to you.
• Right to withdraw consent/authorization. The right to withdraw any consent or authorization given in relation to our collection, sharing, or selling of your consumer health data.
• Right to appeal. The right to appeal our decision if BetterBrain does not take action in regard to your request.

To exercise any of the above rights regarding your consumer health data, please contact our Privacy Officer at legal@betterbrain.com. When submitting your request, we may request sufficient information that allows us to reasonably verify your identity and details that allow us to understand, evaluate, and respond to your request.