HealthBeacon provides a smart sharps bin to help you safely dispose of your sharps and help you stay on track with your medications. When you dispose of a sharp with our smart sharps bin, the device records as a proxy that you have taken your medicine and transmits that information to Accredo to help them ensure you are taking your medications as prescribed by your doctor.

To ensure you understand the HealthBeacon program and confirm that you agree to participate in the program, please confirm your acceptance. IF YOU DO NOT UNDERSTAND OR AGREE TO ANY OR ALL OF THE ITEMS BELOW, PLEASE DO NOT CONSENT to the program.

By consenting, you acknowledge the following:

• You are aware that your data will be collected and digitally transmitted in a safe and secure manner to maintain the confidentiality of your information
• You will not transmit or allow to be transmitted the health data of any individual other than your own; unless providing consent for another as a caregiver or guardian
• You will not intentionally tamper with the HealthBeacon unit and app used in connection with your services
• You consent to the use of HealthBeacon services as part of your care and treatment
• You have the right to withdraw this consent at any time
• HealthBeacon services are NOT emergency services and your data WILL NOT BE MONITORED 24/7.
• If you think you are experiencing a medical emergency, CALL 911 IMMEDIATELY.

We use the personal information that we collect directly from you in accordance with our privacy notice and Terms of Use. We will send you a copy of both and ask that you review these prior to using our products and services.

Please select ‘I consent’ if you are happy to consent to providing your personal information to us to partake in the program and also consent to receiving program related messages via chat and/or text messages.

HealthBeacon Plc Terms of Use

Last Revised: June 2022

These Terms of Use ("Terms of Use" or “Terms”) are a legal contract between you (“You/Your” or "User") and HealthBeacon plc (“Us”, “We”, “Our”, or “HealthBeacon”), creators of the HealthBeacon mobile application (the “Application” or “App”), the HealthBeacon Smart Sharps Bin (the “SMART Sharps Bin”) and the HealthBeacon website located at www.healthbeacon.com (the “Website”), which govern Your use of the Application, the SMART Sharps Bin and the Website. These Terms apply to individuals using the HealthBeacon program in conjunction with Evernorth/Accredo/Cigna. Our SMART Sharps Bin, the Application, the Website and all related services (collectively, the “HealthBeacon Service”). By accepting these Terms of Use and using the HealthBeacon Service, You acknowledge that You have read, understand, and agree to these Terms and Our Privacy Notice. Any capitalized terms not defined in these Terms are defined in the Privacy Notice.

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS OF USE BEFORE USING THE HEALTHBEACON SERVICE.

YOUR USE OF THE HEALTHBEACON SERVICE IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 23 OF THIS AGREEMENT, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. PLEASE CAREFULLY REVIEW SECTION 23 OF THIS AGREEMENT FOR MORE INFORMATION. BY USING THE HEALTHBEACON SERVICE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU ARE NOT ELIGIBLE OR YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE HEALTHBEACON SERVICE. BY ACCEPTING THESE TERMS OR BY USING THE HEALTHBEACON SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE PRIVACY NOTICE. NOTWITHSTANDING THE FORGOING, HEALTHBEACON ACKNOWLEDGES AND AGREES THAT YOUR ACCEPTANCE OF THESE TERMS IS MADE IN YOUR PERSONAL CAPACITY AS AN INDIVIDUAL AND NOT ON BEHALF OF ANY OTHER ENTITY. THESE TERMS SHALL NOT APPLY IN THE EVENT OF A CONFLICT WITH ANY MASTER SERVICE AGREEMENT OR OTHER AGREEMENT IN PLACE WITH SUCH AN ENTITY.

By agreeing to these Terms, You represent and warrant to Us that: (a) You are at least 18 years of age, or the legal guardian who must agree to these Terms of Use and be the primary responsible party for the SMART Sharps Bin system in its entirety, and (b) Your registration and Your use of the HealthBeacon Service is in compliance with all applicable laws and regulations in Your local jurisdiction.

These terms only apply to US residents. We reserve the right, at Our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies Your rights or obligations, We will notify You of the modified Terms by email to the address You provided in Your user profile. All modifications to these Terms will be effective immediately upon posting of the updated Terms on the Website. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. Your sole and exclusive remedy, if You do not agree with any modification to these Terms, is to stop using the HealthBeacon Service. You may not amend or modify these Terms under any circumstances.

Definitions

"You or Yours" refers to you as the person who uses the HealthBeacon Service. Where applicable, the term “You” shall also refer to the Users whose Personal Information is being collected, regardless of whether the patient is also the User.

“Healthcare Professional” refers to the licensed member(s) of the medical, dental, pharmacy or nursing professions who may prescribe to You a pharmaceutical product or medications that may be suitable for use with the HealthBeacon Service.

“User or Users” refers to the individual(s) who use the HealthBeacon program, SMART Sharps Bin, App, Website, or any of the related services.

"We or Our" refers to HealthBeacon Plc, a company incorporated under the laws of Ireland (registration number 530689), having its registered office at Unit 20, Naas Road Business Park, Muirfield Drive, Naas Road, Dublin 12, Ireland.

“Data” means any data that is generated by the HealthBeacon Service or through use of the HealthBeacon Service (including but not limited to patient usage and Smart Sharps Unit technical operating diagnostic data).

The App and Devices

The App. The App is intended to be used in conjunction with the SMART Sharps Bin. The App and Devices are part of the HealthBeacon Injection Care Management System and intended to provide a convenient program for Users and/or their caregivers, as applicable to use remind the patient and keep a record of their adherence to prescribed medication regimens. Neither the App nor Devices are intended for continuous patient monitoring or in such a way that would allow immediate clinical action or healthcare decision making.

Devices - The SMART Sharps Bin. The “SMART Sharps Bin” is a cloud-connected medical sharps bin designed to support patients who self-administer injectable medications at home. When a User administers their medication and drops the used needle into the SMART Sharps Bin, the SMART Sharps Bin records that the patient has dropped the medication into the SMART Sharps Bin and syncs with the App to maintain up-to-date medication administration records. The SMART Sharps Bin can be programmed to remind patients to take their medication via SMS text, App Notifications (if the User opts in), the App or via the SMART Sharps bin itself.

Medical Disclaimer

HealthBeacon and the HealthBeacon Service do NOT provide medical advice. The HealthBeacon Service is not intended to be a substitute for professional medical advice and should not be relied on as health or personal advice.

Always seek the guidance of Your Healthcare Professional with any questions You may have regarding Your health or a medical condition. Never disregard the advice of a professional, or delay in seeking it because of something You have read on the HealthBeacon Service.

THE HEALTBEACON SERVICE CANNOT AND IS NOT DESIGNED, INTENDED, OR APPROPRIATE TO REPLACE THE RELATIONSHIP BETWEEN HEALTHCARE PROFESSIONALS AND PATIENTS OR TO ADDRESS SERIOUS, EMERGENT, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR LIFE-THREATENING SITUATION, CALL 911 AND GO TO THE NEAREST HOSPITAL OR EMERGENCY ROOM. FURTHER, YOU ACKNOWLEDGE THAT IF YOU USE THE HEALTHBEACON SERVICE DURING OR IN RELATION TO AN EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR SOLE RISK. HEALTHBEACON IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED IN THE HEALTHBEACON SERVICE. HEALTHBEACON IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY HEALTHCARE PROFESSIONALS OR CLINICIANS/CAREGIVERS, WHETHER OR NOT RELYING UPON INFORMATION COLLECTED, GENERATED, OR STORED VIA THE HEALTHBEACON SERVICE.

You, as the user of the SMART Sharps Bin and App, are responsible for the information You store on the App. We are not liable for any damage which results from Your failure to provide accurate information to HealthBeacon or to follow the advice given by Your Healthcare Professional. Please note that the SMART Sharps Bin reminds You when Your medication is due based on the medication schedule that You submit to HealthBeacon. HealthBeacon is not responsible for the accuracy of the medication schedule submitted by You. Furthermore, HealthBeacon shall not have any responsibility in relation to any communication between You and Your Healthcare Professional resulting from or related to the HealthBeacon Service capturing that You have missed a dosage or taken an incorrect dosage.

Adverse Event.

If you have an unexpected or negative reaction (an “Adverse Event”) that may be related to the use of the SMART Sharps Bin, it is important that you inform HealthBeacon so it can investigate the incident. You may report the product and Adverse Event to us at support.usa@healthbeacon.com. We will take the necessary steps required by applicable law following any notice of an Adverse Event.

Notifications and Reports

Push Notifications. HealthBeacon may present You with reminders, notifications or alerts and other information based on the information You have provided to HealthBeacon. Those notifications, or alerts are not an indication of Your health, nor are those notifications, or alerts intended to replace the opinion of Your Healthcare Professional. It is Your responsibility to talk to Your Healthcare Professional and to discuss with Your Healthcare Professional the proper use based on Your medical history. HealthBeacon makes no representations about the accuracy, reliability, completeness, or timeliness of any notifications or alerts as parts of the process are outside of HealthBeacon’s control. You accept that any reliance on these will be at Your own risk, and HealthBeacon disclaims all liability arising from Your use of them. You agree that HealthBeacon may send push notifications to Your mobile device for HealthBeacon Service-related if they are enabled and per the Privacy Notice. You may turn off push notifications through Your device settings.

You accept the smart reminders that You receive from the HealthBeacon Service are based on the information that the HealthBeacon team have received from You. If Your schedule changes, please update Your information in the App Chat or contact a member of the HealthBeacon customer care team to discuss.

Questions and information collected through the App chat are designed for informational purposes; the SMART Sharps Bin and App and/or any information or results derived from them are in no way intended to replace the independent clinical judgement of a qualified Healthcare Professional.

Reports

You may use the App to view reports from the App, which include information such as a User’s adherence score based on the injections recorded by the Smart Sharps Unit. All information that is collected and used is in accordance with the Privacy Notice. Please note that by capturing disposal of injection, the HealthBeacon Service is acting as a proxy to collect information that the User has taken their medication, and that any reports should not be considered proof that a User has taken their medication. Any reports generated from HealthBeacon serve to provide You more information that you may share with Your Healthcare Professional and should not be used as a substitute for consulting Your Healthcare Professional. These reports are intended as information only. It is Your responsibility to discuss Your medication administration information to Your Healthcare Professional and medical team for proper analysis.

Account

You agree that the information that you provide is accurate and that You will keep it accurate and up to date at all times.

You agree to immediately notify HealthBeacon in writing of any unauthorized use of Your User Account or any other compromise of the security of Your User Account by emailing Us at support.usa@healthbeacon.com.

HEALTHBEACON IS NOT AND SHALL NOT BE LIABLE FOR ANY HARM ARISING FROM OR RELATING TO THE THEFT OF YOUR USER CREDENTIALS AND/OR ANY RESULTING ACCESS TO YOUR PERSONAL INFORMATION, YOUR DISCLOSURE OF YOUR USER CREDENTIALS, OR THE USE OF YOUR USER CREDENTIALS BY ANOTHER PERSON OR ENTITY REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.

Your Representations and Warranties.

By using the HealthBeacon Services, You represent and warrant that:

• You are at least 18 years old or you are the legal guardian who agrees to these Terms of Use and be the primary responsible party for the SMART Sharps Bin and App in its entirety and are legally qualified to enter into and form contracts under applicable law.
• All of the information and other materials provided by You, including but not limited to Your registration information, is true, accurate, current, and complete.
• You will update Your User Account information as needed to maintain its accuracy.
• You agree that You are a resident in of the United States.
• You will use the service and/or App in a manner consistent with all applicable laws, rules and regulations and these Terms of Use, as they may be amended by HealthBeacon from time to time.
• You will not access or use the HealthBeacon Service except as expressly permitted by these Terms and any additional instructions, guidelines or policies issued by HealthBeacon, including those posted in the HealthBeacon Service.
• By using the App, You represent and warrant that You have the legal authority to share Your and/or Your dependent’s information and other Personal Information (as that term is defined in the Privacy Notice) with Us. For Us to provide You with the Services, You grant to HealthBeacon a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use Your Patient Information for the purpose of providing the Services, subject to the restrictions in the Privacy Notice.

10 . Access through Mobile Devices

Your contract with Your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using the HealthBeacon Service on Your mobile, handheld device (“Mobile Device”). You understand that Your Mobile Provider may charge You fees for Your use of its network connection while accessing or using the HealthBeacon Service for data downloading, e-mail, text messages, for roaming, and other Mobile Provider or third-party charges.

Standard messaging rates may apply. YOU ACCEPT RESPONSIBILITY FOR ALL MOBILE PROVIDER FEES. Please review Our Privacy Notice for more information on how We administer SMS text messaging, including details on how to opt-out.

License and Proprietary Rights

Our Content. The HealthBeacon Service may include or provide access to information, software, photos, videos, text, graphics, music, sounds, and other material or information provided by Us or third parties (collectively, the “HealthBeacon Content”) that are protected by copyrights, patents, trademarks, trade secrets, or other intellectual property laws. You understand and agree that as between You and HealthBeacon, HealthBeacon owns the rights in any HealthBeacon Content as expressed in any form, media, or technologies existing now or developed in the future. The HealthBeacon Service, Our software platform, the designs of each of the foregoing, and any other proprietary technology used in the HealthBeacon Service (collectively, the “HealthBeacon Technology”) and any and all intellectual property rights worldwide in the foregoing, including all improvements, modifications, enhancements and derivative works thereof, shall at all times remain the exclusive property of HealthBeacon and/or its third-party licensors. You are not acquiring any rights in or to the HealthBeacon Technology other than a non-exclusive right to access and use Our Service solely in accordance with the terms of this Agreement. You may not use HealthBeacon’s name, trademarks, intellectual property, service marks, or logos, or those of third parties appearing on the Website or the App in any advertising or publicity or to otherwise indicate HealthBeacon’s or such third party’s sponsorship or affiliation with any product or service without the express written permission from HealthBeacon or such third party.

The HealthBeacon Service is owned by HealthBeacon and operated by HealthBeacon in conjunction with Evernorth/Accredo/Cigna. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the HealthBeacon Service (“Materials”) provided by HealthBeacon are protected by intellectual property and other laws. All Materials included in the HealthBeacon Service are the property of HealthBeacon or Our third-party licensors. Except as expressly authorized by HealthBeacon, You may not make use of the Materials. HealthBeacon reserves all rights to the Materials not granted expressly in these Terms.

License We Grant You. Subject to the restrictions outlined in these Terms, HealthBeacon grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App in object code format on devices that You own or control, solely for use with the HealthBeacon Service.

Your Content. You represent and warrant that You own all content and information You post on or through the HealthBeacon Service and grant Us a perpetual, non-exclusive, fully paid, royalty free, transferable, sublicensable, worldwide license to use such content and information for the purposes outlined in these Terms and as needed to provide the HealthBeacon Services. If You are entering someone else’s information into the HealthBeacon Service, You represent and warrant that You have permission to do so. For the Personal Information You provide directly to us through the HealthBeacon Service, You grant to HealthBeacon the right to use Your Data in accordance with Our Privacy Notice. You also agree to allow HealthBeacon to de-identify and anonymize Your content and information, including, without limitation, Your Personal Information and Data, and to use or disclose such de-identified information. In the event we collect Your Data from Evernorth/Accredo/Cigna, such collection, use, and disclosure of Your Data will be subject to the applicable terms in Our agreement with Evernorth/Accredo/Cigna.

Ownership of Data. You shall be the owner of any identifiable Data. In the event Data is de- identified and/or aggregated, We shall be the owner of such de-identified and/or aggregated Data.

App Store & Google Play

If You downloaded the Application from the Apple App Store or Google Play (the “App Provider”), by agreeing to this Agreement, You acknowledge that You understand and agree to the following:

This Agreement is only between You and HealthBeacon, and not between You and the App Provider, and only HealthBeacon is responsible for the Application (not the App Provider).

The App Provider has no obligation to furnish any maintenance or support services with respect to the Application.

In the event of any failure of the Application to conform to any applicable warranty, (i) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Application, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Our responsibility.

The App Provider is not responsible for addressing any claims You have or any claims of any third party relating to the Application or Your possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

In the event of any third-party claim that the Application or Your possession and use of the Application infringes that third party’s intellectual property rights, the App Provider will not be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim.

The App Provider, and its subsidiaries, are third party beneficiaries of this Agreement as it relates to Your license of the Application. This means that, upon Your acceptance of this Agreement, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to Your license of the Application against You.

Apple users only: If You downloaded the Application from the App Store, the license granted to You in this Agreement is non-transferable and is for use of the Application on any Apple products that You own or control.

Restrictions

HealthBeacon imposes certain restrictions on Your use of the HealthBeacon Service. While using the HealthBeacon Service, You shall not:

Provide false, misleading or inaccurate information to HealthBeacon or any other User.

Impersonate, or otherwise misrepresent affiliation, connection or association with any person or entity.

Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the HealthBeacon Service for any use, including without limitation use on third-party websites.

Access content or information not intended for You, or log onto a server or account that You are not authorized to access.

Use or access the HealthBeacon Service (a) from a jurisdiction where such use or access is not authorized, (b) for any illegal purpose, or (c) in violation of any local, state, national, or international law.

Attempt to probe, scan, or test the vulnerability of the HealthBeacon Service or any associated system or network, or breach security or authentication measures without proper authorization.

Interfere or attempt to interfere with the use of any part of the HealthBeacon Service by any other User, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”.

Forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of the HealthBeacon Service.

Post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation.

Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by HealthBeacon, You, or any other third party (including another User) to protect the HealthBeacon Service.

Attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by HealthBeacon in providing the HealthBeacon Service. Any violation of this section may subject You to civil and/or criminal liability.

Connect or use the Device(s) with any application or software platform other than the App.

Conduct activities that may be harmful to others or that could damage HealthBeacon’s reputation.

Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right, or disclosing Personal Information about another person.

Assign, sublicense, lease, sell, grant a security interest in, or otherwise transfer the access granted under these Terms.

Use or access the HealthBeacon Service in order to build or develop, or assist a third party in building or developing, a competing service or products.

License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the HealthBeacon Service, whether in whole or in part.

Disrupt, interfere with, or otherwise adversely affect the normal flow of the HealthBeacon Service or otherwise act in a manner that may negatively affect other users’ experience when using such.

Encourage or enable any other individual to do any of the above.

HealthBeacon is not obligated to monitor Your use of the HealthBeacon Service, but We may do so to ensure Your compliance with these Terms and/or to respond to law enforcement or other government agencies if and when We are required to. HealthBeacon reserves the right to suspend or terminate Your use of the HealthBeacon Service without notice to You if You partake in any of the prohibited uses described above.

Privacy Notice

HealthBeacon respects the information You provide to Us. Please see Our Privacy Notice for a full explanation of the information that We collect from You and how We use that information.

Computer Equipment and Internet Access

You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, "Systems") necessary for You to access and use the HealthBeacon Service. This includes, without limitation, obtaining Internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are responsible for the security of the Systems used to access the HealthBeacon Service and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or Your Systems.

THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS.

Third-Party Services and Third-Party Sites

Certain areas or features of the HealthBeacon Service may contain links to other websites or applications that are operated by third parties (collectively, “Third-Party Sites”). Such Third- Party Sites are not under the control of HealthBeacon, and We are not responsible for the content of any Third-Party Site. You acknowledge and agree that the Third-Party Sites may have different privacy policies, terms of use, user guides and/or business practices (collectively, “Third-Party Rules”) than HealthBeacon, and that Your use of such Third-Party Sites is governed by the respective Third-Party Rules, not Ours. HealthBeacon provides links to Third-Party Sites as a convenience, and does not verify, make any representations, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, application, links displayed, and/or any other activities conducted on or through such Third-Party Sites.

HealthBeacon may provide tools through the HealthBeacon Service that enable You to export information, including without limitation Your HealthBeacon records and User content, to third-party applications or services (“Third-Party Services”) such as Google Fit or Apple Health, or import information from such Third-Party Services, including through features that allow You to link Your User Account on HealthBeacon with an account on the Third-Party Service. By using one of these tools, You represent, warrant, and agree that such transfers are permitted under applicable law and that You are authorized to, and that We may on Your behalf, transfer that information to or from the applicable Third-Party Service in accordance with the Privacy Notice. Third-Party Services are not under Our control, and We are not responsible for any third party’s use of Your exported information. If You enable the features of the HealthBeacon Service that are designed to import information from such Third-Party Services, You hereby authorize and grant HealthBeacon a perpetual, irrevocable license to use such imported information and disclose it to third parties in accordance with the Privacy Notice and applicable law.

YOU AGREE THAT HEALTHBEACON WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, APPLICATION, INFORMATION, RESOURCES, AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES OR ANY THIRD-PARTY SERVICES AND/OR ANY THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference in the HealthBeacon Service to any product, service, publication, institution, organization of any third-party entity, or individual does not constitute or imply HEALTHBEACON’S endorsement or recommendation.

Warranty Disclaimers

THE HEALTHBEACON SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE HEALTHBEACON SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE HEALTHBEACON ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE HEALTHBEACON SERVICE, ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE HEALTHBEACON SERVICE, AND ANY SOFTWARE OR HARDWARE ASSOCIATED OR USED WITH THE HEALTHBEACON SERVICE, OR THE AVAILABILITY OF ANY OF THE FOREGOING, INCLUDING (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON- INFRINGEMENT; (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE; AND (c) ANY WARRANTY AS TO WHETHER THE DATA OR OTHER INFORMATION AVAILABLE ON OR CAPTURED BY THE HEALTHBEACON SERVICE IS TRUE, COMPLETE OR ACCURATE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT HEALTHBEACON IS NOT RESPONSIBLE FOR ANY HEALTHCARE OR RELATED DECISIONS MADE BY YOU OR YOUR HEALTHCARE PROFESSIONAL BASED UPON DATA COLLECTED, TRANSMITTED OR DISPLAYED BY OR ON THE HEALTHBEACON SERVICE, WHETHER SUCH DATA IS ACCURATE OR INACCURATE. WE DO NOT WARRANT THAT THE HEALTHBEACON SERVICE OR ANY PORTION OF THE HEALTHBEACON SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE HEALTHBEACON SERVICE, WILL MEET YOUR REQUIREMENTS, OR BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE HEALTHBEACON SERVICE, YOUR DEALING WITH ANY OTHER HEALTHBEACON SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE HEALTHBEACON SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE HEALTHBEACON SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE HEALTHBEACON SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE HEALTHBEACON SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE HEALTHBEACON SERVICE OR THE DOWNLOAD OR USE OF MATERIAL OR CONTENT AVAILABLE THROUGH THE HEALTHBEACON SERVICE. IT IS YOUR RESPONSIBILITY TO BACK UP ANY INFORMATION YOU ENTER INTO THE HEALTHBEACON SERVICE.

HEALTHBEACON MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, APPLICATION, MATERIALS OR CONTENT ACCESSED THROUGH THE HEALTHBEACON SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY MATERIAL OR CONTENT OBTAINED THROUGH THE HEALTHBEACON SERVICE.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THE HEALTHBEACON SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE HEALTHBEACON SERVICE, INCLUDING, WITHOUT LIMITATION, HEALTHCARE PROFESSIONALS, CAREGIVERS, OR OTHER AUTHORIZED THIRD PARTIES. YOU UNDERSTAND THAT HEALTHBEACON DOES NOT TAKE RESPONSIBILITY FOR SCREENING OR INQUIRY INTO THE BACKGROUND OF ANY USERS OF THE HEALTHBEACON SERVICE, INCLUDING, WITHOUT LIMITATION, PROVIDERS AND/OR CAREGIVERS, NOR DOES HEALTHBEACON VERIFY OR TAKE RESPONSIBILITY FOR THE STATEMENTS OF ANY SUCH USERS OF THE HEALTHBEACON SERVICE. HEALTHBEACON MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE HEALTHBEACON SERVICE, INCLUDING, WITHOUT LIMITATION, HEALTHCARE PROFESSIONALS AND/OR CAREGIVERS.

THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES.

NOTWITHSTANDING THE FOREGOING, THE SMART SHARPS BIN IS COVERED UNDER A WARRANTY WHILE ON THE PROGRAM.

Limitation of Liability

IN NO EVENT WILL HEALTHBEACON BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE HEALTHBEACON SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON THE HEALTHBEACON SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY HEALTHBEACON ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. FOR THE AVOIDANCE OF DOUBT, THE EXCLUDED DAMAGES ALSO INCLUDE WITHOUT LIMITATION, LOSS OF SAVINGS OR REVENUE; LOSS OF PROFIT; LOSS OF USE; LOSS OF LIFE OR HEALTH, THE CLAIMS OF THIRD PARTIES; AND ANY COST OF ANY SUBSTITUTE EQUIPMENT OR SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE SUCH LIMITATIONS SHALL APPLY TO YOU TO THE EXTENT PERMITTED IN SUCH JURISDICTION. FURTHERMORE, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW, SUCH AS LIABILITY FOR INTENTIONAL VIOLATION OF THESE TERMS.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnification

To the fullest extent permitted under applicable law, You are responsible for Your use of the HealthBeacon Service, and You will indemnify, hold harmless, and defend HealthBeacon and its officers, directors, employees, representatives, consultants, affiliates, subsidiaries and agents (together, the “HealthBeacon Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) Your access to, use of, or alleged use of, or inability to use or improper use of the HealthBeacon Service; (b) Your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) Your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) any dispute or issue between You and any third party, including but not limited to Your Healthcare Professional; (e) all claims arising from or alleging fraud, intentional misconduct, criminal acts, or gross negligence committed by You; and (f) bodily injury, death, or damage to physical property. To the fullest extent permitted under applicable law, We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You (without limiting Your indemnification obligations with respect to that matter), and in that case, You agree to cooperate with Our defense of that claim.

Feedback

We welcome and encourage You to provide feedback, comments, and suggestions for improvements to the HealthBeacon Service (“Feedback”). You may submit Feedback by e- mailing Us at support.usa@healthbeacon.com. You acknowledge and agree that if You submit any Feedback to Us, You hereby grant to Us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub- licensable, and transferable license under any and all intellectual property rights that You own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.

Account and Services Termination

You may terminate Your User Account at any time by contacting customer service at support.usa@healthbeacon.com. If You violate any provision of these Terms, We reserve the right to terminate Your use of and access to the HealthBeacon Service.

We also reserve the right to modify the HealthBeacon Service at any time (including by limiting or discontinuing certain features of the HealthBeacon Service), temporarily or permanently. If We decide to discontinue the HealthBeacon Service, We may give prior notice to You.

To the fullest extent permitted under applicable law, We will have no liability on account of any change to the HealthBeacon Service or any suspension or termination of Your access to or use of the HealthBeacon Service.

General Contract Terms

Entire Agreement. These Terms, the Privacy Notice, and any other terms incorporated herein by reference constitute the entire and exclusive understanding and agreement between HealthBeacon and You regarding HealthBeacon Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between HealthBeacon and You regarding the HealthBeacon Service.

Additional Terms. Your use of the HealthBeacon Service is subject to all additional terms, policies, rules, or guidelines applicable to the HealthBeacon Service or certain features of the HealthBeacon Service which are available on the Website or the App (the “Additional Terms”). All Additional Terms are incorporated by this reference and are made as part of these Terms.

Subcontractors. You hereby consent to HealthBeacon’s engagement of third parties (including HealthBeacon’s affiliates) to perform or support the performance of, all or any portion of the HealthBeacon Service.

Force Majeure. HealthBeacon will be excused from performance under these Terms for any period that it is prevented from or delayed in performing any obligations pursuant to these Terms, in whole or in part, as a result of a Force Majeure Event. To the fullest extent permitted under applicable law, for purposes of this section, “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (1) weather conditions or other elements of nature or acts of God; (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (3) quarantines or embargoes, (4) labor strikes; (5) telecommunications, network, computer, server or Internet downtime; (6) unauthorized access to HealthBeacon’s information technology systems by third parties; or (7) other causes beyond the reasonable control of HealthBeacon.

Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without HealthBeacon’s prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be null and of no effect. HealthBeacon may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Notices; Consent to Electronic Communications. By using the HealthBeacon Service, You consent to receive certain electronic communications from Us as further described in the Privacy Notice. Please read the Privacy Notice to learn more about Our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that We send to You electronically will satisfy any legal communication requirements, including that those communications be in writing. All notices from HealthBeacon intended for receipt by You shall be deemed delivered and effective when sent to the email address provided by You during the registration process or when posted to and made available to You on the HealthBeacon Service. If You change the email address provided in connection with Your registration to access and use the HealthBeacon Service, You must update Your address in accordance with the procedures set forth on the HealthBeacon Service. By providing Your mobile number to Us, You consent to receive text messages at that number as requested for User Account verification, message notifications, and other purposes related to the HealthBeacon Service. If You wish to opt out of such text messages, You may do so. While We do not charge a fee for text messages, Your carrier may charge standard messaging, data, and other fees. You are responsible for those charges. We may send and receive text messages through cellular telephone operators or other networks, and the level of reliability may vary. We are not responsible for the timeliness or final delivery of the message, as this is outside Our control and is the responsibility of the cellular telephone operator or other networks. Notwithstanding the foregoing, We will use Your mobile number in accordance with the Privacy Notice.

Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF FROM US.

Governing Law. These Terms, including this Section 23 are governed by the laws of the State of Delaware without regard to conflict of law principles. Jurisdiction and venue for any dispute (including arbitration) arising out of these Terms will exclusively rest within the State Courts of Delaware and each party hereby waives all defenses of lack of personal jurisdiction and forum non conveniens related thereto.

Generally. To the fullest extent permitted under applicable law and in the interest of resolving disputes between You and HealthBeacon most expediently and cost-effectively, You and HealthBeacon agree that every dispute arising in connection with these Terms will be resolved by binding arbitration.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND HEALTHBEACON ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

Opt-Out of Agreement to Arbitrate. You can decline this agreement to arbitrate by contacting support.usa@healthbeacon.com within 30 days of first accepting these Terms of Use and stating that You (include Your first and last name, and email address used to register for the HealthBeacon Service) decline this arbitration agreement.

Exceptions. Nothing in this section will be deemed to waive, preclude, or otherwise limit the right of either party to (a) bring an individual action in small claims court; (b) pursue enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

Arbitrator. To the fullest extent permitted under applicable law, any arbitration between You and HealthBeacon will be settled under the Federal Arbitration Act and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA.

Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). HealthBeacon’s address for Notice is HealthBeacon Inc. 423 West Broadway, Ste 301 South Boston, MA 02127. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, You or HealthBeacon may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by You or HealthBeacon must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award if any. If the dispute is finally resolved through arbitration in Your favor, HealthBeacon will pay You the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by HealthBeacon in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.

Fees. If You commence arbitration in accordance with these Terms, HealthBeacon will reimburse You for Your payment of the filing fee, unless Your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location, to be agreed upon, in the state of Massachusetts, but if the claim is for $10,000 or less, You may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing, or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of Your billing address. If the arbitrator finds that either the substance of Your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards outlined in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, You agree to reimburse HealthBeacon for all monies previously disbursed by it that are otherwise Your obligation to pay under the AAA Rules. Regardless of how the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

No Class Actions. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND HEALTHBEACON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and HealthBeacon agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, to the fullest extent permissible pursuant to applicable law.

Claims. Unless otherwise prohibited by applicable law, no action arising out of, in connection with, or relating to these Terms shall be brought by You more than two (2) years after the accrual of the cause of action. This period shall not be extended for any reason, except by the written consent of both parties. All statutes or provisions of law that would toll or otherwise affect the running of the period of limitation are hereby waived, and no such statute or provision of law shall operate to extend the period limited in this paragraph, to the fullest extent permitted under applicable law.

Modifications to this Arbitration Provision. If HealthBeacon makes any future change to this arbitration provision, other than a change to HealthBeacon’s address for Notice, You may reject the change by sending Us written notice within 30 days of the change to HealthBeacon’s address for Notice, in which case Your User Account with HealthBeacon will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes You rejected will survive.

Contacting HealthBeacon

Please feel free to contact Us if You have any questions about HealthBeacon’s Terms of Use and/or any other documents referenced herein. You may contact Us at support.usa@healthbeacon.com, or Our mailing address: HealthBeacon Inc, 423 West Broadway, Ste 301, South Boston, MA 02127.

HEA011-0005-6391245-2 82078052.2

http://www.healthbeacon.com/

HEALTHBEACON Plc PRIVACY NOTICE

Last Revised: March 2023

This Privacy Notice is provided by HealthBeacon plc (“HealthBeacon”) for participants and users of the HealthBeacon program in conjunction with Evernorth/Accredo/Cigna, our HealthBeacon SMART Sharps Bin by HealthBeacon (“SMART Sharps Bin”) and related services, and our website, and mobile application (collectively, “Services”). This Privacy Notice covers the collection and use of your Personal Information (“Personal Information”). in relation to your use of the Services. You should not use these Services if you do not agree to this Privacy Notice. Any Personal Information provided by Evernorth/Accredo to us will be subject to the agreement we have entered into with Evernorth/Accredo/Cigna.

The term “Personal Information” includes any information that can be used on its own or with other information in combination to identify or contact one of our users. Some of the Personal Information we collect and transmit may be considered “health data” (i.e., data related to your physical or mental health), “protected health information” or “PHI” (i.e., information that relates to your past, present, or future physical or mental health or condition(s); the provision of health care to you; or the past, present, or future payment for the provision of health care to you), and/or medical records as defined by state law. All Personal Information will be considered PHI and treated as such.

We believe that privacy and transparency about the use of your Information is of utmost importance. Therefore, our privacy practices are intended to comply with the Health Insurance Portability and Accountability Act (“HIPAA”) and relevant state law related to the use and disclosure of medical records, where applicable. Additionally, in this Privacy Notice, we provide you detailed information about our collection, use, maintenance, and disclosure of your Personal Information. The Patient User Privacy Notice explains what kind of information we collect, when and how we might use your Personal Information, how we protect Personal Information, and your rights regarding your Personal Information.

For additional information related to how we use and disclose your Personal Information, health data, PHI, and/or medical records data, please contact our Privacy Officer at dataconcern@healthbeacon.com

For any medical questions, you must contact your HealthCare Provider.

THIS POLICY WILL EXPLAIN THE FOLLOWING:

• METHODS OF PERSONAL INFORMATION COLLECTION
• WHAT PERSONAL INFORMATION IS COLLECTED
• HOW HEALTHBEACON WILL USE YOUR PERSONAL INFORMATION
• HOW HEALTHBEACON WILL SHARE YOUR PERSONAL INFORMATION
• COLLECTION OF COOKIES AND DEVICE DATA
• THIRD PARTY SERVICES ACCESSED VIA HEALTHBEACON SERVICES
• CALL MONITORING AND COMMUNICATIONS
• CHILDREN UNDER THE AGE OF 13
• YOUR CHOICES
• DURATION OF PROCESSING
• COMPELLED AND NECESSARY DISCLOSURES
• HOW YOU CAN CORRECT/UPDATE YOUR PERSONAL INFORMATION
• RETENTION AND DESTRUCTION OF PERSONAL INFORMATION
• WHERE WE PROCESS PERSONAL INFORMATION
• HOW WE KEEP YOUR PERSONAL INFORMATION SECURE
• CALIFORNIA RESIDENTS
• RESPONSIBLE DISCLOSURE GUIDELINES
• WHEN THE PRIVACY NOTICE WAS LAST UPDATED
• CONTACTING HEALTHBEACON

METHODS OF PERSONAL INFORMATION COLLECTION

We collect Personal Information directly from you, such as when you (i) are onboarded onto the program (ii) install and interact with the mobile application and (iii) provide it to us when interacting with customer service; or (iv) provide it with us when reporting adverse events or making a complaint. The information you disclose in connection with the Services is provided strictly on a voluntary basis. HealthBeacon and Evernorth is not responsible for the effects of any incorrect information provided by you.

We may also collect Personal Information from you passively. For example, the Services use tracking tools like cookies, pixels, and web beacons to collect usage and browser information. For more information about the trackers that we use, please see the Collection of Cookies and Device Data section of this Privacy Notice. Additionally, if you enable location data on your device, this data will be collected based on the location settings on your device.

In the circumstances where we need your consent to collect your Personal Information, we will ask for such consent.

WHAT PERSONAL INFORMATION IS COLLECTED

This section describes the categories of Personal Information we may collect from you. You are not required to give us all the Personal Information identified in this Privacy Notice; however, if you do not provide requested Personal Information, we may not be able to provide you with some or all of the Services. The Personal Information collected as part of the Services may include:

• Name.
• Age and date of birth.
• Gender.
• Contact details (phone, address, e-mail, best time to contact).
• Contact details of parents, guardians, and authorized agents (name, phone number, email and relation to user).
• Details relating to medication being taken and how it is administered.
• Details of interactions with the Services, such as missed doses and any technical queries.
• Details of interactions with the Service team through the customer care support line and mobile app chat feature, such as individual SMS reminders, records, and email communications.
• Details of interactions with HealthBeacon staff, including non-medical advice or training information.
• Information considered relevant by the HealthBeacon team you speak to, including adverse event notifications, complaints, and service requests.
• Information related to your use of the Services (as described in the Collection of Cookies and Device Data).
• Data that is generated by or through use of the Services (including but not limited to diagnostic data), such as the time stamped image of the injection drop made, the time and date the injection drop was made, the location the injection drop was made, type of medication injection, and frequency and timing of the injections.
• Feedback on the Services.
• Device identifiers/device data (such as IP address, type of browser, geo-location information).

HOW HEALTHBEACON WILL USE YOUR PERSONAL INFORMATION

Your Personal Information will be used for:

• HealthBeacon program administration;
• Ensuring correct use of your SMART Sharps Bin;
• Delivering products and Services to you;
• Reminding you when your medication is due, by SMS text, mobile app notification, chat, phone or email as provided by you;
• Tailoring the Services to you;
• Providing you with information relating to the Services;
• Providing you with educational materials and training;
• Responding to your questions or customer service requests;
• Reviewing calls and mobile app chat content for quality control, service and product improvements and safety reporting purposes;
• Storing and managing your Personal Information on the mobile application;
• Contacting you regarding any issues identified relating to the HealthBeacon Services, to inform you of changes and to collect your feedback;
• Administering surveys;
• Protecting against criminal activity, such as fraud or intellectual property infringement;
• Responding to reviews, comments, or other feedback provided to us;
• Protecting the security and integrity of the Services;
• Benchmarking, data analysis, audits, developing new products, enhancing the Services, facilitating product, software and applications development, improving the Services, conducting research, analysis, studies or surveys, identifying usage trends, as well as for other analytics purposes;
• Meeting our legal and contractual obligations;
• Investigating claims, accidents or incidents related to the Services;
• Responding to inquiries related to employment opportunities; and
• Any other lawful purpose for which the Personal Information is collected.

HealthBeacon will not use your Personal Information in a manner inconsistent with applicable law and this Privacy Notice.

Please be aware that in event of a breach involving your PHI, we will notify your healthcare provider.

HOW HEALTHBEACON WILL SHARE YOUR PERSONAL INFORMATION

We may share your Personal Information in the following circumstances:

• Within HealthBeacon – We may share your Personal Information with our affiliates, subsidiaries, and employees.
• HealthBeacon Advisors – We may share your Personal Information with our advisors, including lawyers, insurers, accountants and auditors.
• Service Providers – When we hire a service provider to help operate the Services or our business, we may allow access to Personal Information as necessary to perform the service for us. This may include service providers that operate the Services, such as third party delivery company.
• Evernorth/Accredo/Cigna and Other Business Partners – We share Personal Information with our trusted business partners. For example, we share your Personal Information with Evernorth/Accredo/Cigna through the promotion and offering of the HealthBeacon service. These partners may use your Personal Information to, among other things, send you information or contact you about their services and products.
• Legal Obligation or Protection from Harm – When we have a good faith belief that access, use, preservation or disclosure of the Personal Information is reasonably necessary to (a) satisfy or comply with any requirement of law, regulation, legal process, or enforceable governmental request, (b) enforce or investigate a potential violation of the Terms of Use, (c) detect, prevent, or otherwise respond to fraud, security or technical concerns, (d) support auditing and compliance functions, or (e) protect the rights, property, or safety of HealthBeacon, its users, or the public against harm.
• Mergers, Acquisitions, Divestitures – If we are involved in a merger, acquisition, or any form of transfer or sale of some or all of our business, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, Personal Information may be transferred along with the business. Where legally required we will give you prior notice and, if you have a legal right to do so, an opportunity to object to this transfer.
• Purposes Described to You – We may share your Personal Information for other purposes, as we describe to you and as permitted by applicable law.
• Authorized Third Parties – If you authorize a third party to have access to your account, we will share Personal Information with them. You can revoke access to third parties at any time through your account settings or by contacting the HealthBeacon customer care team. If you revoke access to a third party, we will no longer share your Personal Information with that person, but we do not have control over any Personal Information they may have retained prior to having his or her access revoked.

HealthBeacon will not share your Personal Information in a manner inconsistent with applicable law and this Privacy Notice.

COLLECTION OF COOKIES AND DEVICE DATA

Along with our third-party service providers we may collect user and device data in a variety of ways when you use the Services including:

• internet browser and electronic device information
• app usage data
• data grouped together so that it is not possible to link the data to an individual, known as aggregated data
• cookies and other tracking technologies including log files, pixel tags, web bugs, web beacons, clear GIFs, Local Storage Objects (LSOs) such as HTML5 and Flash or other similar technologies

The below information may be collected and used as described in this Privacy Notice.

Methods of Data Collection	Examples
Through your internet browser or electronic device	Certain information is collected by most websites or automatically through your electronic device, such as your IP address (i.e. your computer’s address on the internet), internet browser type and version, electronic device manufacturer and model, language, time of the visit, pages visited, and the name and version of the Services (such as the Firmware revision) you are using. We use this information to ensure that the Services function properly.
Through your use of an App	When you download and use our mobile application. we and our service providers may track and collect usage data, such as the date and time your electronic device accesses our servers and what information and files have been downloaded based on your device number.
Using cookies and online tracking	To make some of our Services work properly, we sometimes place small data files called cookies on your device. Most websites do this. You can refuse to accept the cookies we use by adjusting your browser settings. However, if you do not accept these cookies, you may experience some inconvenience in your use of the Services and some online products. We currently do not respond to browser do not track signals.
Location Data	While navigating the Services, your mobile device or browser may share your location data, both through WiFi and GPS, and IP address or MAC address. We will collect this information based on the settings of your phone and browser. In some circumstances, location may become Personal Information if you are identifiable in relation to the location data. In such cases, the location data will be handled as Personal Information as described in the earlier sections of this Privacy Notice.
By aggregating information	We may group information together so that it does not link to a specific individual, i.e. aggregate, and use that information (for example, we may aggregate information to calculate the percentage of our users who have a particular telephone area code).

Cookies are small files that download when you access certain websites. For more information about cookies visit: http://www.allaboutcookies.org/.

To assist us with analyzing our Services traffic, we may share your Personal Information with third- party analytics companies who utilize cookies and other similar technologies.

These cookies may be placed by us (first-party) or by a third party. These cookies may also be Flash Cookies. To learn how to manage privacy and storage settings for Flash cookies click here. We may use cookies that are session-based or persistent. Session cookies expire when you close your browser or turn off your device. Persistent cookies remain on your device after you close your browser or turn off device.

We may use a variety of cookies:

Type of Cookies	Description
Required	Required cookies are essential for the operation of the Services. They include, for example, cookies that allow you to access and use secure areas of the Services.
Functionality	Functionality cookies allow the Services to remember information you have entered or choices you make (such as your username, language, or your region) and provide enhanced, more personal features. These cookies also enable you to optimize your use of the Services after logging in. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customize.
Performance	These cookies collect information about how you use the Services, including which pages you go to most often and if they receive error messages from certain pages. These cookies do not collect information that individually identifies you. All information these cookies collect is aggregated and anonymous. It is only used to improve how the Services function and perform.

Most internet browsers accept cookies by default. You can also accept, or block cookies by activating the setting on your browser that allows you to reject all or some cookies, or by changing your cookie preferences via the Services. The help and support area on your internet browser should have instructions on how to block or delete cookies. Some web browsers (including some mobile web browsers) provide settings that allow you to control or reject cookies or to alert you to when a cookie is placed on your computer, tablet or mobile device. Although you are not required to accept cookies, if you block or reject them, you may not have access to all of the features available through the Services.

• Cookie settings in Internet Explorer
• Cookie settings in Firefox
• Cookie settings in Chrome
• Cookie settings in Safari web and iOS.
  To find out more on how to manage and delete cookies, visit aboutcookies.org. For more details on your choices regarding use of your web browsing activity for interest-based advertising you may visit the following sites:
• networkadvertising.org
• optout.aboutads.info
• youradchoices.com
• youronlinechoices.eu

On a mobile device, you may also adjust your settings to permit or limit ad tracking.

THIRD PARTY SERVICES ACCESSED VIA HEALTHBEACON SERVICES

We are not responsible for the privacy practices of any third parties, including any third party operating any site or service to which our Services link. Links to third party sites are provided for your convenience only.

The inclusion of a link on our Services does not imply endorsement of the linked site or service by us or by our related companies. Please note that we are not responsible for the collection, usage and disclosure policies and practices (including the information security practices) of any third party, including, but not limited to Facebook®, Twitter®, Apple®, Google®, Microsoft®, RIM/Blackberry® or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or electronic device manufacturer, or for any Personal Information you provide them. Your use of third party site or any feature offered by a third party is governed by the privacy policy of the company providing the site or feature, not by this Privacy Notice.

CALL MONITORING AND COMMUNICATIONS

To ensure that we can meet the needs of users of the HealthBeacon service we may record telephone calls to:

• Improve the standard of service that we provide by providing our team with feedback and training;
• Address queries, concerns or complaints;
• Prevent, detect and investigate crime, including fraud and money laundering, and analyse and manage other commercial risks; and
• Comply with our legal and regulatory obligations.

We may also monitor electronic communications between us (for example, emails) to protect you, our business and IT infrastructure, and third parties. This monitoring may include identifying and dealing with inappropriate communications, looking for and removing any viruses, or other malware, and resolving any other information security issues.

CHILDREN UNDER THE AGE OF 13

The Services are meant for adults, and we will not knowingly collect Personal Information from any person under the age of 13 without permission from a parent or guardian. The Services are not designed to attract the attention of persons under the age of 13. No information should be submitted to us by any person under the age of 13. Individuals under the age of 18 should consult with their parent or guardian about the use of the Services for their benefit. If you are a parent or legal guardian and think your child has given us information, you can email us at support.usa@healthbeacon.com. Please mark your inquiries “COPPA Inquiry.”

YOUR CHOICES

Depending on where you are located, you may have certain choices about how we use your Personal Information. Those choices include the right to deactivate any account you have with HealthBeacon and to opt-out of receiving any marketing materials from HealthBeacon. To opt- out of marketing communications please email us at support.usa@healthbeacon.com or by following the instructions included in the email or text correspondence. To exercise other rights with respect to your Personal Information, please contact us using the information in this Privacy Notice.

Please note that, even if you unsubscribe from certain correspondence, we may still need to contact you with important transactional or administrative information, as permitted by law. Additionally, if you withdraw your consent or object to processing, or if you choose not to provide certain Personal Information, we may be unable to provide some or all of the Services to you.

DURATION OF PROCESSING

HealthBeacon will use, process, and store Personal Information only for so long as necessary to provide the Services, or as legally required by set retention periods. As a company recording medical records, there are laws and regulations that apply to us which set minimum periods for retention of Personal Information.

For example:

• Where we hold Personal Information to comply with a legal or regulatory obligation, we will keep the information for at least as long as is required to comply with that obligation.
• Where we hold Personal Information in order to provide a product or service (such as a SMART Sharps Bin), we will keep the information for at least as long as we provide the product or service.
• For further information about the period of time for which we retain your Personal Information, please contact us.

COMPELLED AND NECESSARY DISCLOSURES

In certain circumstances, we may be legally compelled to release your Personal Information in response to a court order, subpoena, search warrant, law or regulation

HOW YOU CAN CORRECT/ UPDATE YOUR PERSONAL INFORMATION

You can correct or update your Personal Information at any time by calling the HealthBeacon Customer Care Team using the phone number on the back of your SMART Sharps Bin.

RETENTION AND DESTRUCTION OF PERSONAL INFORMATION

Subject to any applicable business, legal, or regulatory requirements, we securely destroy Personal Information when it is no longer required to fulfil our services and commitments to you or to enforce our rights or meet our obligations.

WHERE WE PROCESS PERSONAL INFORMATION

HealthBeacon customer support teams and other supporting functions will, at times, access the data from other HealthBeacon global facilities using two-factor user authentication.

HOW WE KEEP YOUR PERSONAL INFORMATION SECURE

Information security is extremely important to us. HealthBeacon uses appropriate technical, physical, legal and organizational measures, which comply with data protection laws to keep Personal Information secure. If, despite our efforts, you believe that Personal Information is no longer secure, please tell us so that we can resolve any security issue.

As most of the Personal Information we maintain is stored electronically, we have implemented appropriate IT security measures to ensure this Personal Information is kept secure. For example, we may use anti-virus protection systems, firewalls, and data encryption technologies. We have procedures in place at our premises to keep any hard copy records physically secure. Our HealthBeacon team receives regular training on data protection and information security.

When HealthBeacon engages a third party (including our service providers) to collect or otherwise process Personal Information on our behalf, the third party will be selected carefully and required to use appropriate security measures to protect the confidentiality and security of Personal Information.

Unfortunately, no data transmission over the Internet or electronic data storage system can be guaranteed to be 100% secure. If you believe that your interaction with us is no longer secure (for example, if you feel that the security of any Personal Information you might have sent to us has been compromised), please contact us immediately.

CALIFORNIA RESIDENTS

California enacted A.B. 370, amending the California Online Privacy Protection Act to require website operators like us to disclose how we respond to “Do Not Track Signals”; and whether third parties collect personally identifiable information about users when they visit us.

We do not track users who do not interact with the sharing functionality across the web, and therefore do not use “do not track” signals.

We do not authorize the collection of personally identifiable information from our users for third party use through advertising technologies without separate member consent.

California Civil Code Section 1798.83 also permits our customers who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to support.usa@healthbeacon.com Please note that we are only required to respond to one request per customer each year.

Categories of Personal Information Collected, Used, and Shared In accordance with California law, we may have collected and share the following categories of Personal Information within the past 12 months:

• Identifiers – A real name, Internet Protocol address, email address, and other types of online identifiers.
• Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) – e.g., a name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some Personal Information included in this category may overlap with other categories.
• Internet or other similar network activity – Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
• Geolocation data – Physical location or movements.
• Commercial information - Products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
• Protected classification characteristics under California or federal law – Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
• Professional or employment-related information – Current or past job history or performance evaluations.

We share each of these categories of Personal Information with our service providers to the extent necessary for them to facilitate our business purposes. We also share this Personal Information for the purposes set forth in this Privacy Notice.

RESPONSIBLE DISCLOSURE GUIDELINES

Security issues should be disclosed to support.usa@healthbeacon.com. We will investigate legitimate security reports and respond within 1-2 business days, and make every effort to quickly correct any issues, while following applicable laws and regulations. If you identify a security issue you should not modify or access data that does not belong to you.

WHEN THE PRIVACY NOTICE WAS LAST UPDATED

This Privacy Notice was last updated in March 2023. We review this Privacy Notice regularly and reserve the right to make changes at any time to take account of changes in our business activities, legal requirements, and the way we process Personal Information. If a material change to this Privacy Notice is made, We will notify You of the modified Terms by email to the address You provided in Your user profile.

CONTACTING HEALTHBEACON

If you have any questions about this Privacy Notice, or the privacy practices of HealthBeacon please email us at support.usa@healthbeacon.com or write to us at:
HealthBeacon Inc, 423 West Broadway, Ste 301, South Boston, MA 02127

If you are contacting us to exercise your rights with respect to your Personal Information as detailed in this Privacy Notice, we ask you to please adhere to the following guidelines:

• Tell Us Which Right You Are Exercising: Specify which right you want to exercise and the Personal Information to which your request relates (if not to you). If you are acting on behalf of another consumer, please clearly indicate this fact and your authority to act on such consumer’s behalf.
• Help Us Verify Your Identity: Provide us enough information to verify your identity. For example, provide us (at a minimum) your full name, address, and phone number. Please note that if we cannot initially verify your identity, we may request additional information to complete the verification process. Any Personal Information you disclose to us for purposes of verifying your identity will solely be used for the purpose of verification.
• Direct Our Response Delivery: Inform us of the delivery mechanism with which you prefer to receive our response. You may specify, for example, email, mail, or through your account (if you have one with us).

Please note that you don’t need to create an account with us in order to make a request to exercise your rights hereunder.