Monogram Health, Inc. (“Monogram Health,” “we, “us,” or “our”) owns and operates www.MongramHealth.com, Monogramhealthcare.com, Monogramhc.com, Monogramhealth.net, Monogramkidney.com, Monogramkidney.net, Monogramkidneycare.com, including without limitation all services, content, features and functionality available therein (collectively, the “MH General Sites”), and the Monogram Health patient experience website available at patient.MonogramHealth.com, including all services, content, features, and functionality available therein (the “Patient Engagement Site” and together with the MH General Sites, the “Site”). Monogram Health values and respects the privacy of its customers and visitors (“user”, “you”, or “your”). The terms, conditions and policies contained in this document (“Privacy Policy”) apply to the Site. The purpose of this Privacy Policy is to provide you with information about Monogram Health’s policies regarding the collection, processing, use, storage, and disclosure of information when you access our Site. This Privacy Policy also describes the choices you can make about our use of your information.

We may update or modify this Privacy Policy at any time, by posting the updated version including the effective date of the updated version. Please review this Privacy Policy periodically for any updates or changes. This Privacy Policy is binding on all those who access our Site, whether acting as an individual or on behalf of an entity, including you and all persons, entities, or digital engines of any kind that harvest, crawl, index, scrape, spider, or mine digital content by an automated or manual process or otherwise. Please read this Privacy Policy carefully. Your continued use of the Site is considered your acceptance of these terms, and you agree to the terms of this Privacy Policy and the collection and use of information in accordance with this Privacy Policy. If you do not agree to be bound by this Privacy Policy or any subsequent modifications, you should not access our Site or disclose any Personal Information through our Site. This Privacy Policy is incorporated into our Terms of Use .

(1)    HOW TO CONTACT US

You can update your preferences and information by contacting us at the e-mail address or physical address provided below. Additionally, if you have any questions or concerns about our use of your Personal Information (defined below), please do not hesitate to contact us through either of the methods below.

Address: Monogram Health

541 Maryland Way

Suite 400

Brentwood, TN 372027

Attn: Privacy Office

Email: info@monogramhealth.com

(2)    PERSONAL INFORMATION

While using our Site, we may ask you to provide us with certain personally identifiable information (“Personal Information”). Personal Information is information that identifies, relates to, describes, can reasonably be associated with, or can reasonably be linked to a particular individual or household.

We collect information from you both when you provide it voluntarily and also automatically when you access our Site. We may also collect Personal Information from other sources, as described below.

We collect Personal Information from you and any devices (including mobile devices) you use when you: use our Site, contact Monogram Health via email or other means, connect with Monogram Health’s social media pages in connection with your use of the MH General Sites, and/or otherwise respond to Monogram Health’s communications to you, such as surveys or requests for feedback.

In addition, we also collect Personal Information about you from third parties in connection with our Site, including from the following sources:

(a)    Service providers (including hosting providers)

(b)    Data analytics service providers

(c)    Email, chat, survey, feedback, and other communications service providers

(d)    Customer service providers

(e)    Advertising providers

(f)     Social media platforms (only in connection with your use of the MH General Sites; we do not collect Personal Information from social media platforms in connection with use of the Patient Engagement Site)

(g)    Promotional partners

(3)    INFORMATION WE COLLECT

We may collect the following categories of Personal Information from you, depending on your interactions with our Site and the choices you make, as further described in the chart below:

(a)    Identifiers. Your name, email address, phone number, address, social media usernames, and Internet Protocol (IP) address.

(b)    Interactions. Information you submit to the Site, including emails or other communications you provide to us.

(c)    Internet or other electronic network activity information. For example:

·       Browse history. Data about the webpages you visit, including without limitation web browser specifications, websites visited before accessing our Site, and websites visited after leaving our Site.

·       Search history. Data about the search terms you enter.

·       Device, connectivity, and configuration data. Data about your device and nearby networks, including internet connection information, computer equipment information, regional and language settings.

·       Geolocation data. Data about your device’s location, which is inferred from your internet connection data, your IP address, and your postal address, or which you may choose to allow us to access by granting the Site access to your location when prompted.

(d)    Third-Party Social Networking Service(s). If you choose to access, visit, and/or use any third-party social networking service(s) that may be integrated with any of our MH General Sites, we may receive your Personal Information and other information about you and your computer, mobile, or other device that you have made available to those social networking services, including information about your contacts through those services. Some social networking services will facilitate registration or enhance or personalize your experience on our Site. This includes if you “follow,” “like,” or link your social networking account to our Site. Your decision to use a social networking service in connection with our Site is voluntary. However, you should make sure you are comfortable with the information your third-party social networking services may make available by reviewing privacy policies of those providers and/or modifying your privacy settings directly with those networking services. For the avoidance of doubt, we do not collect Personal Information from social media platforms or networking services in connection with your use of the Patient Engagement Site.

If we combine or associate information from other sources with Personal Information that we collect through the Site, we will treat the combined information as Personal Information in accordance with this Privacy Policy.

Monogram Health does not ever request, solicit, or require you to submit, upload or transmit Protected Health Information (“PHI”), as defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), in order to access or use the Site, and Monogram Health asks that you do not send us, and you not disclose any PHI on or through the Site or otherwise with us. To the extent Monogram Health receives PHI, Monogram Health will handle the PHI in accordance with Monogram Health’s Notice of Privacy Practices[ECS2] . Notwithstanding the foregoing, please do not send us any PHI through the Site. MONOGRAM HEALTH CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PHI OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED, OR RECEIVED WHILE USING THE SITE.

We generally process your information when we need to do so to fulfill a contractual obligation or where we or someone we work with needs to use your Personal Information for a reason related to their business or our business, as applicable. These legitimate interests are further detailed in the “How We Use Information” section below. We only process Personal Information for these interests after considering the potential risks to your privacy.

Information collected through use of the Site

Categories of Information

Description of Category

How We Use This Information

Website Inquiry Information

The Site contains links or forms that can be used to contact us with inquiries about Monogram Health and our services. This is an optional service provided to you by Monogram Health.

When you contact us with inquiries through the Site, you may provide Personal Information, which may include your name, email address, and any Personal Information that you choose to enter into a blank message box.

Some of the Personal Information we will ask you to provide is required in order to contact us with inquiries.

·     To respond to your questions and requests.

·     To provide customer support.

·     To contact you with marketing or promotional materials and other information that may be of interest to you.

Usage Information

This can be Personal Information and non-Personal Information that is collected about you when you are using the Site, and this may include:

• Information about your interactions with the Site, which includes the data and time of any information you enter into the Site and for the MH General Sites, your interactions with other users of the MH General Sites.

• User Content you submit to the Site including messages you send and/or receive and your interactions with our customer service team.

• Technical data which may include URL information, cookie data, the types of devices you are using to access or connect to the Site, unique device IDs, device attributes, network connection type (e.g., WiFi, 3G, LTE, Bluetooth) and provider, network and device performance, browser type, language, and operating system. Further details about the technical data that is processed by us can be found below.

Our Site uses cookies, unique identifiers and similar technologies to collect information over time and across different websites when you use or visit our Site. We or our third-party partners use common tracking tools to collect information about the pages you view, our Site functions that you access, the buttons and icons you click, and to remember your login information and Site settings to make it easier and more efficient for you to use our Site.

Cookies. Cookies are small data files that are downloaded onto your computer or mobile device when you use our Site, which are unique to your device or account. Cookies make it easier for you to use our Site by saving your preferences so that we can use these to improve your next and subsequent visits to our Site. Cookies help us learn which areas of our Site are useful and which areas need improvement.

You can choose whether to accept cookies by changing the settings on your browser or device. Each browser has its own methods for doing this. For detailed instructions on how to disable, block or delete cookies in your browser, consult your browser's help files or visit How to Manage Cookies. Please bear in mind that if you choose to disable this function, your experience with our Site may be impaired and some features may not work as they were intended. When we use cookies or other similar technologies, we may set the cookies ourselves or ask third parties to do so to help us.

Please note that our Site is not set up to respond to Do Not Track signals, but it does respond to browser cookies settings. You may opt-out from receiving personalized advertising from some third parties by visiting here. Please note that these choices will not opt you out of receiving advertisements. You will continue to receive generic advertisements. Like many websites, we use analytics, including Google Analytics and Microsoft Clarity. For the avoidance of doubt, we use Google Analytics solely in connection with the MH General Sites and not with the Patient Engagement Site. Similarly, we use Microsoft Clarity in connection with the Patient Engagement Site only. You may find out more about how Google Analytics collects and processes data by visiting “How Google uses data when you use our partners’ sites or apps” found here. Further, you can elect to directly opt out of Google Analytics using your information by using the opt-out browser add-on, which you can learn about here. You may find out more about how Microsoft’s Clarity collects and processes data by visiting Microsoft’s Privacy Statement, found here

Pixels, Web Beacons. We or our third-party partners may use invisible pixels or beacons on our Site to count how many users access or use certain pages, features or content. This information is collected and reported in the aggregate. We may use this information to improve our current Site offerings, develop new products or services, and target information to you that may be helpful and useful to you based upon your use of our Site.  

·     To optimize the display of the Site on your device.

·     To provide, maintain, personalize and improve the Site.

·     To provide customer support.

·     To monitor the usage of the Site.

·     To allow you to participate in interactive features of the Site when you choose to do so.

·     To gather analysis and assess trends and interests.

·     To detect, prevent, and address technical issues.

·     To help maintain the safety, security and integrity of the Site.

·     To For our businesses purposes, such as: data analysis, audits, fraud monitoring and prevention; developing new products and services; enhancing, improving or modifying our products and services; identifying usage trends; determining the effectiveness of our promotional campaigns; and operating and expanding our business activities.

Anonymized Information

We use anonymized and aggregated information that may be created or derived from your Personal Information or usage of the Site for purposes that include data analysis, improving the Site, and developing new features and functionality within the Site.

·     To provide, maintain, personalize and improve the Site.

·     To monitor the usage of the Site.

·     To gather analysis and assess trends and interests.

·     To detect, prevent, and address technical issues.

·     To help maintain the safety, security and integrity of the Site.

Third Party Data

This includes both Personal Information and non-personally identifiable data from our affiliates, customers, partners or vendors, data brokers or public sources.

·       To provide, maintain, operate, personalize, and improve our Site.

·       To monitor the usage of our Site.

·       To gather analysis and assess trends and interests.

·       To work with our service providers who perform certain business functions or services on our behalf.

·       To provide you with advertising content in which we think you will be interested. As part of this customization, we may observe your behaviors on the Site or on other websites.

Location Data

We may collect general location information if you use features on our Site that provide location-based services.

·       To provide you with location-based services.

·       To monitor the usage of our Site.

·       To gather analysis and assess trends and interests.

·       To customize the Site to your preferences and location.

(4)    SHARING YOUR INFORMATION

We share non-Personal Information with third parties at our discretion. We do not sell your Personal Information and we do not share your Personal Information with third parties for purposes of targeted advertising. In connection with our Site, we may share your Personal Information with certain third parties who we engage to help us run our business and perform the Site, including under the following circumstances:  

(a)    Service providers that help us to administer and provide the Site (for example, a web hosting company whose services we use to host our platform).

(b)    Software and service providers we use to manage and process your information, for example, providers of communication services (e.g., email provider, electronic calendar provider).

(c)    Corporate affiliates, including corporate parents, subsidiaries, other affiliated entities and associated entities, and customers

(d)    For the MH General Sites Only: Google Analytics, a service provided by Google, Inc., to gather information about how you and other users engage with our Site. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners.

(e)    For the Patient Engagement Site Only: Microsoft Clarity, a service provided by Microsoft Corporation, to gather information about how you and other users engage with our Site. For more information about Microsoft Clarity, please visit: https://privacy.microsoft.com/en-us/privacystatement.

(f)     Marketing service providers we use to communicate with you.

(g)    Business partners, including promotional partners who provide a product or service in partnership or collaboration with us in participating regions.

(h)    Third parties in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).

(i)      Other third parties that you expressly request or authorize us to share your Personal Information with.

Additionally, we will share your Personal Information with third parties where required by law, where it is necessary in connection with our Site, where it is necessary to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, where necessary to protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others, where necessary to detect, prevent, or otherwise address fraud, security, or technical issues, or where we have another legitimate interest in doing so.

Most of the third parties with whom we share your Personal Information are located and store your information in the United States, although some may be located or store your information outside of the United States.

(5)    HOW WE SAFEGUARD YOUR PERSONAL INFORMATION

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. Any transmission of Personal Information is at your own risk. By using our Site, you acknowledge and accept these risks. As a result, we cannot guarantee or warrant the security of any information you disclose or transmit to us or that are otherwise provided to us and we cannot be responsible for the theft, destruction, or inadvertent disclosure of information. Any transmission of information is at your own risk.

(6)     HOW LONG WE STORE YOUR PERSONAL INFORMATION

We will retain your Personal Information only for as long as is necessary for the legitimate business purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal, accounting, or reporting obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies. Additionally, we may continue to store your Personal Information contained in our standard back-ups.

(7)    YOUR RIGHTS AND OPTIONS REGARDING YOUR PERSONAL INFORMATION

Cookies. As noted above in “The Information We Collect” above, you can choose whether to accept cookies by changing the settings on your browser or device. However, if you choose to disable cookies, your experience with the Site may be impaired and some features may not work as they were intended.

Do Not Track. As noted above, Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the preferences or settings page of your web browser. However, these features are not yet uniform, so we do not currently respond to such features or signals. Therefore, if you select or turn on a “do not track” feature in your web browser, we and our third-party providers may continue collecting information about your online activities as described in this Privacy Policy.

(8)    STATE-SPECIFIC RIGHTS

Depending on where you live, you may have certain rights with respect to Personal Information that we have collected and used under certain circumstances, which may include the following:*

(a)    The right to request the following information regarding our use of your Personal Information:

·       The categories of your Personal Information that we have collected

·       The purposes for which we have collected or used such Personal Information

·       The categories of sources for the Personal Information we have collected about you

·       The categories of third parties with whom we have disclosed your Personal Information

·       If we have disclosed your Personal Information for a business purpose, a list identifying the Personal Information categories that each category of recipient obtained

·       If we have sold or shared your Personal Information, a list identifying the Personal Information categories that each category of recipient purchased or received

(b)    The right to receive a copy of your Personal Information.

(c)    The right to request correction of your inaccurate Personal Information.

(d)    The right to request us to erase your Personal Information when we no longer need such data in connection with the Site (subject to certain exceptions that may apply under applicable law).

(e)    The right to opt out of sales or sharing of your Personal Information. However, as stated above, we do not sell your Personal Information and we do not share your Personal Information with third parties for purposes of targeted advertising.  

(f)     The right to limit the use or disclosure of your Sensitive Personal Information to that use which is necessary to provide the services or goods. For the avoidance of doubt, Monogram Health does not collect and asks that you not send or disclose to us any Sensitive Personal Information in connection with your use of the Site.

* If you are a resident of a jurisdiction where one or more of these rights are granted to you under applicable law, and you wish to exercise any such rights listed above, please contact us by either:

Address: Monogram Health

5410 Maryland Way Suite 400

Brentwood, TN 37027

Attn: Privacy Office

Email: info@monogramhealth.com

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. Please understand that we are required to verify your request and may require you to provide some information to enable us to carry out such verification. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.

Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

(9)    ACKNOWLEDGEMENT

To the extent that you provide or transmit any information, including, but not limited to, any Personal Information, any information that identifies any other individual (including without limitation name, email address and/or telephone number) to Monogram Health or our third-party service or data providers, licensors, or distributors (“Representatives”) through the Site, you warrant that (a) you are providing or obtaining only your own information or the information of others which you are authorized to provide to third parties and/or obtain from third parties on their behalf; and (b) the use of such information by Monogram Health and its Representatives will not infringe upon or misappropriate the intellectual property rights or otherwise violate the rights of any third parties.

(10)  TRANSFER OF DATA; SPECIAL NOTICE TO NON-U.S. USERS

Your information, including Personal Information, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. Services are provided solely to individuals located in the United States. By using the Site, you represent that you are located in the United States and you consent to the general use and disclosure of your Personal Information in the United States.

(11)  SENSITIVE PERSONAL INFORMATION; Protected Health Information

We ask that you not send us, and you not disclose, any Sensitive Personal Information as this term is defined under applicable data protection and privacy laws (for example, social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Site or otherwise to us.

If you send or disclose any sensitive Personal Information to us, we will delete any and all such Sensitive Personal Information. You must not submit such content to the Site.

As mentioned in “Information We Collect” above, we ask that you not send us, and you not disclose, any PHI when you connect with us via the Site. Please do not provide us PHI in connection with your use of the Site. To the extent that you do, we will use the information in accordance with our Notice of Privacy Practices .

(12)  POLICY ON CHILDREN’S INFORMATION

Our Site is not created for anyone under the age of 18 (“Children” or “Child”). By using the Site, you represent that you are at least 18 years old. If you do not meet this age requirement, then you must not access or use our Site.

We do not knowingly collect Personal Information from anyone under the age of 14, and we do not target the Site to Children. If you are a parent or guardian and you are aware that your Child has provided us with Personal Information, please contact us though one of the methods listed under “How to Contact Us” above. If we become aware that we have collected Personal Information from Children without verification of parental consent, we take reasonable steps to remove that information from our servers.

For more information about the Children’s Online Privacy Protection Act (“COPPA”), which applies to websites that direct their services to children under the age of thirteen (13), please visit the Federal Trade Commission’s website https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions.

(13)  LINKS TO OTHER SITES

Our Site may contain links to third-party websites that are not operated or maintained by Monogram Health (“Linked Sites”). If you click on one of those links, you will be taken to websites we do not control. By providing a link to a Linked Site, we are not endorsing or attempting to associate with any other entity, their content or services, or the persons or entities associated with those websites. You understand that these Linked Sites are not under our control and that this Privacy Policy does not apply to the information practices of those third-party Linked Sites. You should read the privacy policies of Linked Sites carefully. We are not responsible for the content, privacy policies, actions or security of any Linked Sites. You also agree and acknowledge that Monogram Health will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, services, resources, or goods on or through any such Linked Site, and you acknowledge that your use and access of these other websites is solely at your own risk.