FINDING FOCUS LTD.

PRIVACY POLICY

Finding Focus Ltd. (“Finding Focus”, “we”, “us”, “our” and terms of similar meaning) takes your privacy rights very seriously. We are committed to transparently describing our privacy practices, including how we collect, use, protect and disclose (a) your personal information, personally identifiable information and/or your personal health information (collectively referred to together in this Privacy Policy as “Information”); and (b) data we obtain from your activity on or through the Services (as defined below), which we may utilize in our internal use of predictive algorithms through a third-party artificial intelligence (“AI”) service provider and other machine learning tools (“AI Technologies”) (together with the AI technologies and User Content, the “Data”) as part of providing the Finding Focus website (https://www.findfocusnow.com/) (the “Site”), which includes but is not limited to, offering you the opportunity to book an appointment and communicate with independent authorized healthcare practitioners (“Healthcare Providers”), receive reports, results, and prescriptions, review and purchase reports, and/or receive healthcare services and informational services (collectively with the Site, the “Services”).

Our Services collect Information and Data about you to (i) use or train AI Technologies; (ii) disseminate and generate output insights based on the Data and Information; and (iii) support the Healthcare Professional’s decision making and professional analysis in the provision of the Services (“AI Capabilities”). Wherever possible, by manual or automated processes we aggregate and anonymize the Information and Data in our use or training of AI Technologies. However, subject to the provisions of this Privacy Policy and particularly the security measures under Section ‎6below, we cannot guarantee that such processes will be effective.

We encourage you to read and understand our terms of service (“Terms” and this privacy policy, “Privacy Policy”) before using or purchasing the Services. By accepting the Terms or Privacy Policy and/or accessing, using, or purchasing the Services, you expressly consent to our collection, use and disclosure of your Information and Data in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the Terms.

All capitalized terms or terms that were otherwise defined in the Terms that are not otherwise defined herein obtain their meaning from the Terms, including, without limitation, the definition of “you” and “your” used in the Terms.

1.     What Information and Data Do We Collect?

(a)   General. Our primary purpose in collecting information and data from you voluntarily is to provide you with a safe, smooth, efficient, and customized experience when using the Services. We will only ask for and collect Information and Data that we consider necessary for achieving this purpose.

(b)   Information You Provide.

(i)    You can browse the public facing sections of the Site without registering for a User Account. However, in order to use or purchase the Services, you must register for a User Account by providing your name and email address. When registering for a User Account, you must provide Information as requested or were indicated on the Site. At that time, you will no longer be anonymous to us. Where possible, we indicate which fields are required and which fields are optional. In addition, as you use or purchase the Services, you may be required or requested, from time to time, to provide further Information through the Services, while, without limitation, requesting a consultation or appointment with a Healthcare Provider, during a consultation, appointment or other interaction or communication with a Healthcare Provider and while reviewing and purchasing the reports, results, and prescriptions, and other information provided on your User Account. For greater clarity, once you book the initial appointment on our Site, you may be required to connect with the Healthcare provider through real-time audio or video to receive Services that includes but is not limited to receiving diagnoses, advice, and verification of your identity.

(ii)   The Information you may be required or requested to provide may include, without limitation, name, billing address, delivery address, phone number, e-mail address, date of birth, gender, username and/or password, personal and family medical history information, details of your existing medications, the name of your primary healthcare provider and his or her contact information and any private health benefits number(s) or account information. For greater certainty, Finding Focus is not the custodian of Information collected on or through the Services; rather it facilitates the connection between Users and Healthcare Providers, who independently deliver services on, through or in connection with the Services. Finding Focus holds Information on behalf of Users and Healthcare Providers as it relates to the Services and/or their communication, interaction, and involvement with one another, directly or indirectly, through the Services.

(iii)  You acknowledge and consent that your Healthcare Provider may use the Site’s feature to manually record audio correspondences during any appointment or consultations held through the Site. The purpose of these audio recordings is to enhance the accuracy and quality of the Services and it will be strictly used for healthcare provision. The files will be encrypted, and Finding Focus will collect, use, process, store or retain these files using AI capabilities or Third-Party licenses, in accordance with the applicable Canadian privacy laws. Access to these files will be restricted to Finding Focus and its authorized personnel.

(iv)  You represent and consent that you have the right and authority or have obtained all necessary consents and approvals to provide any Information, including any Information of another individual or entity, that is provided by you or such other individual or entity to Finding Focus, the Healthcare Provider, or otherwise to or through the Services.

(v)   We may ask for your personal health information and the use of the Services may produce or require the disclosure of your personal health information (including, without limitation, personal and family medical history information, details of your existing medications, the name of your primary healthcare provider and his or her contact information, and any private health benefits number(s) or account information). The use of Services that are eligible for coverage by provincial health plans may require you to provide your provincial health card number in order for us to bill your provincial health plan on behalf of Healthcare Providers. If you provide us with any personal health information, it will be kept strictly confidential and collected, retained and disclosed in compliance with all applicable Canadian privacy laws. By submitting User Content that includes your personal health information, you explicitly consent to our collection, retention and disclosure of that Information.

(vi)  You always have the option to not provide Information by choosing not to become a User and/or access, use or purchase the Services. Your decision to withhold certain Information may limit the Services we are able to provide and make it more difficult for us to advise you or suggest appropriate alternatives to the Services. If we are unable to accommodate your requests based on the Information (or lack thereof) that you have provided, we may ask for additional Information so that we may better accommodate your needs.

(c)   Payment Method. If you have registered for a User Account, we may collect your credit card, other payment method and/or banking information. If and when you add a credit card, payment method and/or banking information to a User Account, such information and your Information may be shared with our third-party payment processor(s) only to the extent necessary to resolve or settle any disputes or claims. We do not store credit cards, other payment and/or banking information on our servers.

(d)   Information and Data Collected Automatically

(i)    When you use the Services, Finding Focus automatically receives and records data from your device, including, without limitation, your location, IP address, browser type (if applicable), operating data, device data, mobile carrier (if applicable), device and application IDs, “cookie” information, and the page you requested. Unless otherwise stated in this Privacy Policy, Finding Focus only uses this Data in aggregate form.

(ii)   “Cookies” and similar technologies are small files placed on your computer and devices that assist us in providing the Services. We and our third-party service providers use cookies and similar technologies to provide and personalize the Services, analyze use, target advertisements and prevent fraud. You can disable cookies in your browser settings, however, if you do so, some parts of the Site may not function properly.

(e)   AI Capabilities. Part of the AI Capabilities is to disseminate and/or generate transcripts or summaries of Data and Information, including but not limited to, a Healthcare Provider’s notes or records of any interactions with you through the Services that may include personal health information. Besides the Information and Data provided directly or indirectly in the provision of the Services, AI Technologies do not have automatic access and cannot collect any information without prior instructions from us. Neither do we use the output insights generated through the AI Capabilities for marketing purposes; nor do we sell, share, or transfer your Data to third parties for such third party’s independent purposes. AI Technologies do not replace professional or medical advice and is only intended to inform the Healthcare Provider’s professional advice. It is the Healthcare Provider’s sole responsibility to exercise clinical judgment and discretion in disclosing, interpreting, and utilizing the information for use by AI Technologies.

2.     How Do We Use Your Information and Data?

a.      General. We use your Information and Data to:

      i.         help us provide, operate, improve, understand, customize, support, and market the Services;

    ii.         to determine your eligibility to have a User Account and be a User;

   iii.         to provide you with access to, use and purchase of the Services;

   iv.         to provide you the license to use and purchase the Services;

     v.         to receive, review, store and communicate reports, results, and prescriptions, including by presenting such Information on your User Account on our Site;

   vi.         to communicate with you, either directly or through one of our partners, including for marketing and promotional purposes;

  vii.         to improve our marketing and promotional efforts;

viii.         to advise you of pricing and Services related updates;

   ix.         to facilitate transactions and payments;

     x.         to resolve service disputes;

   xi.         to troubleshoot problems;

  xii.         to inform you about online and offline offers, products, services, events and updates (as applicable);

xiii.         to analyze usage of the Services;

 xiv.         to improve our Content, Services and product offerings;

  xv.         to deliver information to you that, in some cases, is relevant to your interests;

 xvi.         to customize your experience, the Content, layout and Services;

xvii.         to detect and protect us against error, fraud and other criminal activity;

xviii.         to enforce the Terms;

 xix.         to provide you with system or administrative messages;

  xx.         to facilitate the utilization and train AI Technologies for the purposes of health automation and improving the provision of Services;

 xxi.         to model possible treatment analysis and options that may be reviewed and analyzed by the Healthcare Providers as part of the Services and as leveraged by AI Technologies;

xxii.         to subsidiaries, affiliates, contractors, service providers, and other third parties we use to support our business (such as analytics and search engine providers that assist us with Site improvement and optimization) and who are contractually obligated to keep Personal Information confidential, use it only for the purposes for which we disclose it to them, and to process the Personal Information with the same standards set out in this Privacy Policy; and/or

xxiii.         as otherwise described to you at the time of collection.

3.     Our Disclosure of Information and Data

(a)   General Disclosure. Except as otherwise provided in the Terms, we may share your Information and Data with third parties only in the ways that are described in this Privacy Policy and in accordance with your consent. We will not share, sell, or rent your Information or Data to third parties without your explicit consent. We use a third-party AI service provider (the “AI Service Provider”) to help provide the AI Technologies. Our agreement with the AI Service Provider ensures that they do not collect, use, or disclose any information provided to them, except to provide the services we specifically request for the provision of Services.

(b)   Disclosure to Family Physicians, Pharmacies, and Other Referrals. Upon receiving the User consent form (“Form”) and/or any request for referrals, we may disclose and transfer your Information (including without limitation, your name, delivery address, purchase orders, results, reports, prescriptions, primary healthcare provider name and contact information) to the address of such family physician as mentioned in the Form, to the listed therapist on our Site, other Healthcare Providers, specialists, pharmacists, pharmacies and laboratories.

(c)   Disclosure to Healthcare Providers. We may disclose and transfer your Information (including, without limitation, your name, address, phone number, e-mail address, date of birth, gender, personal and family medical history information, details of your existing medications, results, reports, prescriptions, the name of your primary healthcare provider and his or her contact information, and any private health benefits number(s) or account information) to a Healthcare Provider(s) for the purposes of him/her/them (i) providing you with healthcare services, informational services or medical advice; (ii) advising or assessing which prescriptions you may or are recommended to purchase; (iii) reviewing, analyzing, assessing and/or interpreting your reports; and/or (v) otherwise communicating with you and assisting in providing you with the Services. A Healthcare Provider may: (i) take notes or keep records of any interaction you have with him/her/them through the Services, which may be preserved, copied or disclosed in accordance with applicable law; and (ii) collect, use or disclose your provincial health card number for identity verification purposes and/or for other purposes related to the provision of provincially funded health services. Healthcare Providers are required to comply with the applicable privacy legislation and certain medical record-keeping obligations to which they are subject.

(d)   Anonymized Aggregated Data. We may aggregate and anonymize Information and Data and use and disclose it for a variety of purposes, including analytics. However, in these situations, we do not disclose any Information.

(e)   Public Areas of the Service. User activities in the public areas of the Site may be identifiable to a User Account, and all or certain users of the Service may be able to see your published content.

(f)    Laws and Jurisdictions. Notwithstanding anything to the contrary in this Privacy Policy, we may preserve or disclose Information and Data if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect our or any other person’s or entity’s rights or property. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose your Information and Data.  

(g)   Sale of Business. We may disclose Information and Data to the acquiror or its agents in the course of the sale of our business, in accordance with applicable law. If we do this, the disclosure will be subject to confidentiality arrangements customary in such transactions.

(h)   Storing and Processing Information and Data. In some cases, Information and Data that we collect may be stored or processed outside of Canada. When that occurs, we continue to protect the Information and Data with appropriate safeguards and data export requirements, but it may be subject to the legal jurisdiction of the countries and governmental authorities in those countries.Information and Data stored or processed by the Third Parties (defined below) may also be outside of Canada and subject to the legal jurisdiction of the countries and governmental authorities in those countries.

(i)    Subsidiaries, Affiliates and Service Providers. We may use the services of affiliates, subsidiaries and/or unrelated third-party service providers (collectively, “Third Parties”) in connection with our provision of the Services, including, without limitation, for the processing of payments, off-premises data hosting and communication services. We may disclose your Information and Data to the Third Parties in the course of our use of their services. We take care to use Third Parties that we believe are reputable and capable of performing the services we require of them, including, without limitation, the handling of confidential information and Information and Data and the compliance with all applicable laws.

4.     Correcting and Updating Information and Data

You may review, delete and/or update your Information through your User Account or by contacting us, to ensure it is accurate and complete on the Services. If we are unable to delete or update certain Information or if the Services are too advanced to delete or update any Information (e.g. prescriptions have been submitted for processing or reports have been generated), we shall advise you such situation upon your inquiry. We will do our best to accommodate your request, subject to applicable laws and the terms and conditions of this Privacy Policy.

5.     Information and Data Retention

(a)        General Retention Policy. We keep Information and Data for as long as it is required for the purposes for which it was collected, which is determined in our sole discretion, in accordance with the applicable laws. Notwithstanding the foregoing, we may periodically de-identify (a) Information from collected Data in unused User Accounts; and (b) unnecessary Information from Data collected elsewhere on and/or through the Service. Subject to the terms and conditions of this Privacy Policy and applicable law, with the exception of aggregated Data, we may delete unused User Accounts and the Information and Data associated with them within a time period as required by applicable law.

(b)        Termination of User Account. If your User Account is terminated, we may deactivate it, but we may retain your Information and Data for a certain period of time and disclose it in a manner consistent with our practices under this Privacy Policy. You will have an opportunity to print or make copies of your Information subject to the following: (i) once you have been given the opportunity to print or make copies of your Information, we will delete the Information associated with your User Account, except Information that a Healthcare Provider(s) advises he or she requires in connection with Healthcare Services, Informational Services, Medical Advice, or other communication of services provided through the Services. In such circumstances, we will destroy the Information when the Healthcare Provider(s) has obtained a copy or terminates his/her/their account with us.

(c)        Requesting the Deletion of Information and Data. You may ask us to remove and/or restrict our processing of your Information and/or Data in certain circumstances (e.g. if you believe that your Information and/or Data is no longer necessary for the purposes in which it was collected or processed or you withdraw your consent regarding our use, retention and/or processing of your Data and/or Information (as discussed below)). Notwithstanding the foregoing, despite such request, subject to all applicable laws (e.g. Healthcare Providers have the authority under law to withhold Information from patients that they compile and record in connection with any consultation or appointment) and the terms and conditions of this Privacy Policy, we may still retain your Information and Data for legitimate business interests and only as long as necessary, to collect any Fees owed (if and as applicable), resolve disputes, troubleshoot problems, analyze usage of the Services, assist with any investigations, prevent fraud, enforce our Terms and/or take other actions as required or permitted by law.

(d)        Withdrawing Consent. Where we have asked for your consent to use, retain and/or process your Information and Data (if applicable), you can withdraw this consent at any time. We will do our best to accommodate your request, subject to applicable laws and the terms and conditions of this Privacy Policy.

6.     Security

Each User Account is protected by a password for your privacy and security. You must prevent unauthorized access to your User Account by selecting and protecting your password appropriately and limiting access to your device. We strive to protect your Information and Data by putting in place a range of technical and organizational measures to safeguard and secure the Information and Data we receive from you, including without limitation, security technologies, encryption, passwords and physical security measures and managerial procedures. Information you provide to us is stored on our secure servers or on secure servers used by our service providers including the AI Service Provider. Any payment transactions effected by us will be encrypted using SSL technology. We are continuously utilizing security measures to protect your Information and Data from unauthorized access or against loss, misuse, or alteration. Despite our efforts, we cannot guarantee the security of any Information and Data. Unauthorized entry or use, hardware or service failure and other factors, may compromise the security of Information and Data at any time. We reserve the right, without any limitation, to investigate any suspected breaches of the Services’ security or information technology or other systems or networks.

7.     Age Restrictions and Privacy

Our Services are for use by persons who are 16 years of age and above or the applicable age of majority in the User’s province of residence. We do not knowingly collect Information or Data from persons under 16 years of age. For Services provided to Users between the ages of 16 to 18 and Registered Dependents (as defined in the Terms of Use), you represent that you have the consent of a parent or legal guardian (if applicable) to use our Services and to provide any personal information, including health information through the Site.

8.     Other Information and Data Collectors

Except as otherwise expressly included in this Privacy Policy, this document only addresses the use and disclosure of Information and Data we collect from you. To the extent that you disclose Information and Data to other parties through the Services (including, without limitation to Laboratories or Healthcare Providers), different rules may apply to their use, collection and disclosure of Information and Data. Except as provided herein, since we do not control the Information and Data use, collection, or disclosure policies of third parties, you are subject to their privacy policies. We encourage you to ask questions before you disclose Information and Data to others.

9.     Changes to This Privacy Policy

Finding Focus may amend this Privacy Policy from time to time. The use of the Information and Data we collect is subject to the Privacy Policy and the Terms in effect at the time the Information and Data is used. If we make any material changes in the way we use Information and Data you provide to us, we will notify you by (a) posting a notice on the Site or your User Account page; (ii) sending you an email at the address registered on the applicable User Account; and/or (iii) otherwise notifying you pursuant to the notice or modification provisions in the Terms. You are bound by any changes to the Privacy Policy and the Terms when you access, use, or purchase the Services after such changes have been first posted, subject to the terms and conditions of the Terms.

10.   Questions?

It is our goal to make our privacy practices easy to understand. If you have questions, concerns or if you would like more detailed information, please email us at info@findfocusnow.com If you have any complaints or inquiries about how we manage Information or Data, including personal health information, would like to withdraw your consent, or request the destruction of your Information or Data, or our use of the AI Technologies for the provision of Services, please email us at info@findfocusnow.com. We will respond to your concerns and requests in a reasonable period of time, keeping you updated as to the status of any necessary actions resulting from such inquiries.

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