Consumer Health Data Privacy Notice

SmarterHealthAI, an Esprit Communities, Inc. subsidiary company

This Consumer Health Data Privacy Notice explains how SmarterHealthAI, operated by Esprit Communities, Inc., a Texas corporation (“SmarterHealthAI,” “we” or “us”), collects, uses, shares and protects consumer health data, as defined by the Washington My Health My Data Act (RCW 19.373), Nevada Senate Bill 370, the Connecticut Data Privacy Act and similar state laws. It supplements the SmarterHealthAI Privacy Policy. If this notice conflicts with the Privacy Policy for consumer health data, this notice controls.

1. Consumer Health Data We Collect

• Health information you add to your “My Page” profile, such as heart and vascular conditions, symptoms, diagnoses, medications, procedures, test results, risk factors, and fitness or lifestyle information.

• Health information you post in Groups, comments, reviews or messages, or share when you contact us.

• Information that identifies your interest in health services, such as the providers, groups, articles and Marketplace listings you search for or view.

• Precise location information, if you enable it, which could indicate an attempt to receive health services.

• Inferences we derive from the information above, such as content topics we think are relevant to you.

2. Why We Collect and Use It

We use consumer health data to provide the Services you request: to create and maintain your profile and personal health record, show you relevant groups, providers and content, operate the Marketplace and Directory, respond to your requests, keep the Services safe and secure, and comply with law. We collect and use consumer health data only with your consent, or as necessary to provide a product or service you have requested.

3. Sources

We collect consumer health data directly from you, from your device when you use the Services, and from your interactions with the Services.

4. Who We Share It With

• Service providers (processors) that host, secure and support the Services under written contracts that limit their use of the data.

• Other members and the public, when you choose to post it in a public area such as a Group or review.

• Parties you direct us to share it with.

• Law enforcement, regulators or other parties when required by law, or to protect the rights and safety of you or others.

• A successor entity in a merger, acquisition or sale of assets, subject to this notice.

We do not share consumer health data with third parties for their own purposes without your separate consent.

5. We Do Not Sell Consumer Health Data

SmarterHealthAI does not sell consumer health data, and will not do so without your separate, signed authorization as required by law. We do not use a geofence around any health care facility to identify, track, message or advertise to you.

6. Your Rights

Depending on where you live, you have the right to:

• confirm whether we collect, share or sell your consumer health data, and access that data;

• receive a list of the third parties and affiliates with whom we have shared it, and their contact information;

• withdraw your consent to our collection and sharing of it; and

• have it deleted, including from our archives and backup systems, and have our processors delete it.

We will not discriminate against you for exercising any of these rights.

7. How to Exercise Your Rights

Email [email protected] with the subject line “Consumer Health Data Request”, or use the Contact Us link at the bottom of every page of the SmarterHealthAI website. We will verify your identity using information in your account, confirm receipt, and respond within 45 days; we may extend this once by 45 days when reasonably necessary and will tell you why. If we deny your request, you may appeal by replying to our decision with the subject line “Appeal”. We will respond to an appeal within 45 days and tell you how to contact your state Attorney General if you disagree with the outcome.

8. Security and Retention

We limit access to consumer health data to employees and processors who need it, protect it with reasonable administrative, technical and physical safeguards, and keep it only as long as described in the SmarterHealthAI Data Retention Policy.

9. Minors

The SmarterHealthAI platform is not intended for anyone under the age of 14.

10. Applicable Law

The consumer health data laws of the state where you live apply to our handling of your consumer health data, and nothing in this notice or in any other SmarterHealthAI policy waives or limits the rights those laws give you. Subject to those rights, this notice and all other disputes, claims and legal matters relating to it, including any arbitration, are governed by the laws of the State of Texas, as described in the SmarterHealthAI Terms and Conditions of Use.

11. Contact Us

Legal and privacy requests: [email protected]

General questions: [email protected]

Esprit Communities, Inc., Attn: Legal Department, 8350 N. Central Expressway, Tower 1, Suite 1900, Dallas, Texas 75206