Last updated: February 16, 2023

Welcome to the Minuteful Kidney Test App! Our Privacy Policy describes the information we collect, how we collect the information, the reasons we collect information, and how we share or use the information we collect. This Privacy Policy also describes the choices you have with the information we collect, including how you can manage, update, or request to delete information. Please take a moment to review this Privacy Policy. You may scroll through this Privacy Policy or use the headings below. It is important that you understand this Privacy Policy. By using our App, you are agreeing to the terms of this Privacy Policy. If you have any questions or concerns about this Privacy Policy, you may contact us through our contact details below at any time.

1. Overview

Healthy.io transforms the smartphone camera into a medical device to deliver healthcare at the speed of life. Our products assist health care providers, provide clinical insights and results at critical moments, syncing healthcare with life. Our at-home urinalysis services enable providers and healthcare systems to close gaps in access and care, while increasing patient satisfaction. By allowing people to test at their convenience, we help health systems better manage various health conditions, saving lives and reducing costs. The Minuteful Kidney Test is an in-vitro diagnostic, home-use urine analysis test system for the semi-quantitative measurement of albumin and creatinine in urine, as well as the presentation of their ratio, the albumin-creatinine ratio (ACR). The Minuteful Kidney Test is available for prescription-use only and is intended for people at risk of kidney disease. Results are intended to be used in conjunction with clinical evaluation as an aid in the assessment of kidney health. The Minuteful Kidney Test has received 510(k) clearance from the U.S. Food and Drug Administration for in-home use.

2. Key Terms & Definitions

It is helpful to start by explaining some of our key terms and definitions used in this Privacy Policy.

• Our “App” means Minuteful - Kidney Test, our mobile smartphone application.
• The “Kit” means our home-based urinalysis test kit which includes a urine receptacle and a lid, a proprietary Color-Board, a blotting pad, a dipstick, and a user manual.
• “Personal Information” means any information relating to an identified or identifiable individual and any information listed below.
• “Privacy Policy” means this privacy policy.
• Our “Product” means our App and the Kit.
• Our “Services” means the services provided by Healthy.io, which include delivery of our Product, outreach to users, care coordination services and any technical and troubleshooting support services for users of the Product.
• Our “Terms of Service” mean our terms of service, as available here.
• “Healthy.io”, “we”, “us”, or “our” mean Healthy.io (US), Inc., Healthy.io Ltd. and any of their affiliates and subsidiaries

When does our Privacy Policy apply?

This Privacy Policy describes the types of information we may collect from you when:

• You visit or use our App and/or the Services;
• We communicate in various means, such as through electronic messages (including, for example, text messages, emails, and chat), in person or on the phone, and in written form such as through letters.

When does our Privacy Policy not apply?

This Privacy Policy does not apply to information collected by any other website or app operated either by us or by a third party, unless the website or app is listed above or links to this Privacy Policy. It also does not apply to any website or app that we may provide a link to or that is accessible from our App.

Our Privacy Policy and Terms of Service

This Privacy Policy is incorporated into our Terms of Service, which also apply when you use our App.

Prescriptions Policy; Telehealth Services within the App

To receive full access to the Services, a prescription for the Services is required. Healthy.io is not a medical group or a health care provider and does not provide prescriptions. However, to the extent that this applicable, and depending on its agreements with your health plan, healthcare provider, or network provider, Healthy.io provides its users with the ability to obtain telehealth consultation provided by independent medical practitioners including, but not limited to, Beluga Health, P.A. (the “Telehealth Platform”), an independent medical group with a network of United States based health care providers (each, a “Telehealth Practitioner”). A Notice of Privacy Practices describing how the Telehealth Platform collects and uses your health information, can be found here. Alternatively, where prescriptions are not obtained by the Telehealth Platform and the Telehealth Practitioners as described above, prescriptions will be provided to Healthy.io directly by the users’ healthcare provider or health plan.

Our Relationship with Your Healthcare Provider and/or Health Plan

IF THE PRODUCT AND SERVICES ARE PROVIDED TO YOU AS PART OF A CONTRACTUAL RELATIONSHIP BETWEEN HEALTHY.IO AND A THIRD PARTY SUCH AS YOUR HEALTH PLAN, A NETWORK PROVIDER, OR AN ONLINE ENROLLMENT PROGRAM, THE TERMS OF SUCH CONTRACTUAL RELATIONSHIP WILL GOVERN THE PRODUCT AND SERVICES AND SUPERSEDE THESE TERMS IN THE EVENT OF ANY CONFLICT.

3. Personal Information

What is Personal Information?

Personal information is information from and about you that may personally identify you. We treat any information that may identify you as personal information. For example, your name and e-mail address are personal information.

We may collect and use the following categories and specific types of Personal Information:

• Personal Identifiers: a real name, birth date, gender, home phone, mobile phone, email, home and shipping address.
• Information that identifies, relates to, describes, or is capable of being associated with a particular individual: home and shipping address, telephone number, primary care physician’s identifier and contact information, and medical background for eligibility purposes.
• Characteristics of protected classifications under California or federal law: Race, Color, Age, Medical Condition, National Origin, or Disability.
• Internet or other electronic network activity information: IP address, device ID, OS version, device language, device model, operating system, carrier and mobile network information.
• Geolocation data: local time, and local time zone.

Health Information

Some Personal Information we collect may constitute protected health information (“PHI”) under the Health Insurance Portability and Accountability Act (“HIPAA”). Where such information was provided to us by your health plan or health care provider then such information will be subject to the Notice of Privacy Practices provided to you by them.

How do we collect your Personal Information?

Some of the Personal Information is collected directly from you. For example, when we speak to you by phone, chat or text message. Additionally, we will collect information from you when you visit our App and fill out forms or use our Services. We may also collect Personal Information in the following ways:

• From our partners. This includes, but is not limited to, your health plan, your network provider and any online enrollment program.
• When you contact us. When you contact Healthy.io directly, such as when you contact our Customer Support team, we will receive the contents of your message or any attachments you may send to us, as well as any additional information you choose to provide.
• Surveys. We may receive Personal Information provided by users using the Product for demonstration purposes (“Demo Users”) as part of their response to surveys.
• From third-party sources. This includes Personal Information collected from service providers and publicly available data sources, to ensure that the information we have about you is complete and up to date.

We use the following technologies to automatically collect data:

• Third-party mobile analytics services on our App to collect and analyze usage information; engage in auditing, research, or reporting; assist with fraud prevention; to troubleshoot technical issues; and to provide certain features to you.

How do we use your Personal Information?

We may use your Personal Information for the following purposes:

• Operate, maintain, supervise, administer, and enhance our App or the Services, including monitoring and analyzing the effectiveness of content on the App, aggregate App usage data, and other usage of the App and/or the Services such as assisting you in completing the registration process.
• Provide our App, the Product, and Services to you, in a custom and user-friendly way.
• Provide you with information that you request from us or that may be of interest to you. Further information regarding our practices with regard to electronic communications and phone calls, which may include information about our App, the Product, and/or the Services, can be found in our Terms of Service.
• Promote and market our App, the Product, and/or the Services to you.
• Provide you notices about your account.
• Contact you in response to a request.
• Notify you about changes to our App and/or the Services we offer.
• Fulfill any other purpose for which you provide it.
• Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• Subject to our contractual obligations, anonymize and aggregate information for analytics and reporting.
• Respond to law enforcement requests, court orders, and subpoenas and to carry out our legal and contractual obligations.
• Authenticate use, detect fraudulent use, and otherwise maintain the security of our App and the safety of others.
• Administer surveys and questionnaires.
• Subject to our contractual obligations, to improve our App, Product, and the Services. We may use your Personal Information for internal testing, research, analysis, and product development, including to develop and improve our application, and to develop, improve, or demonstrate our products and services. In doing so, we may record (audio and video) all or part of your interaction with us (“Recordings”). Such Recordings are used for quality assurance and training purposes, to better deliver to you the App, Product and Services, and to help us improve them. Further information about Recordings can be found in our Terms of Service.
• We may share your Personal Information at the request of your health care provider, health plan, or third-party organization involved in your care and treatment if requested or required to do so based on our agreements with those organizations, and such request would not violate applicable law.
• Contact Demo Users following responses to surveys or other forms.
• Subject to our contractual obligations, to validate and/or enrich the Personal Information we have collected. This helps to ensure that we have the most updated information about you.
• Any other purpose with your consent.

How do we share your Personal Information?

We may share Personal Information with third parties in certain circumstances or for certain purposes, including:

• Our business purposes. Subject to our contractual obligations, we may share your Personal Information with our affiliates, vendors, service providers, and business partners, including our data hosting and data storage partners, analytics and advertising providers, technology services and support, and data security advisors. We may also share your Personal Information with our professional advisors, such as our auditors, law firms, and accounting firms.
• Your health care providers, health plan, or family. We may share your information, including information collected from your use of our App, with your health care providers, health plan, and/or family members (e.g., immediate family or friends) that you designate to receive your information.
• With your consent. We may share your Personal Information if you request or direct us to do so.
• Compliance with law. We may share your Personal Information to comply with applicable law or any obligations thereunder, including cooperation with law enforcement, judicial orders, and regulatory inquiries.
• Business Transfer. We may share your Personal Information to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our users are among the assets transferred.
• To enforce our rights. We may share your Personal Information to enforce any applicable terms and conditions and Terms of Service, and to ensure the safety and security of our Services and our users.
• De-identified information. Subject to our contractual obligations, we may also disclose de-identified information, so that it cannot be reasonably used to identify any individual, with third parties for marketing, advertising, research, or similar purposes.
• To improve our App, Product, and the Services. Subject to our contractual obligations, we may use your Personal Information for internal testing, research, analysis, and product development, including to develop and improve our application, and to develop, improve, or demonstrate our products and services.

How do I access and correct my Personal Information?

You may contact us through the contact details below to inform us of any changes or errors in any Personal Information we have about you to ensure that it is complete, accurate, and as current as possible or to delete your account. We cannot delete your Personal Information except by also deleting your account with us. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.

4. Who may use the Services?

Healthy.io operates subject to state and federal regulations, and the App and/or the Services may not be available in your state. You represent that you are not a person barred from enrolling for or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the App and/or the Services is limited exclusively to users located in states within the United States where the App and/or the Services are available. However, from time to time, Healthy.io may offer certain individuals or organizations outside of the United States access to the Services for demonstration purposes only. Accessing the App and/or obtaining the Services from jurisdictions where content is illegal, or where we do not offer the App and/or the Services, is prohibited.

5. Children’s Privacy

Healthy.io understands the importance of protecting children’s privacy in the interactive online world. Our App is not designed for, or intentionally targeted at, children. It is not our policy to intentionally collect or maintain information about anyone under the age of 18. No one under the age of 18 should submit any Personal Information the App, and if we learn that we have collected or received Personal Information from a child or a person under 18 years of age, we will delete that information. If you are the parent or guardian of a child or a person under 18 years of age whom you believe might have provided us with their Personal Information, you may contact us through the contact details below to request the Personal Information be deleted.

6. Data Security

We have taken steps and implemented administrative, technical, and physical safeguards designed to protect against the risk of accidental, intentional, unlawful, or unauthorized access, alteration, destruction, disclosure, or use. The Internet is not 100% secure and we cannot guarantee the security of information transmitted through the Internet. Where you have been given or you have chosen a password, it is your responsibility to keep this password confidential.

The sharing and disclosing of information via the internet is not completely secure. We strive to use best practices and industry standard security measures and tools to protect your data. However, we cannot guarantee the security of Personal Information transmitted to, on, or through our App. Any transmission of Personal Information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on our App, in your operating system, or mobile device.

7. California’s Shine the Light Law

California Civil Code Section 1798.83 (California’s “Shine the Light” law) permits users of our App that are California residents and who provide Personal Information in obtaining products and services for personal, family, or household use to request certain information regarding our disclosure of Personal Information to third parties for their own direct marketing purposes.

If applicable, this information would include the categories of Personal Information and the names and addresses of those businesses with which we shared your Personal Information with for the immediately prior calendar year (e.g. requests made in 2022 will receive information regarding such activities in 2021). You may request this information once per calendar year. To make such a request, please contact us using the information below.

8. Changes to our Privacy Policy

We may update our Privacy Policy periodically to reflect changes in our privacy practices, laws, and best practices, by updating this posting. You are responsible for periodically accessing the App and reviewing this Privacy Policy to check for any changes, so you are aware of any such revisions to which you are bound. Your continued use of the Product after revisions to this Privacy Policy shall constitute your agreement to the revised Privacy Policy.

9. Contact Us

If you have any questions, concerns, complaints or suggestions regarding our Privacy Policy or otherwise need to contact us, you may contact us at the contact information below or through the “Contact Us” page on the App.

How to Contact Us:

Healthy.io (US), Inc.

Telephone: (844) 688-5055

E-mail: [email protected]