Consumer Health Data Privacy Notice

Effective Date: October 8, 2025

This Consumer Health Data Privacy Notice (the “Notice”) supplements ClearWellness’ Privacy Policy and explains our collection, use, and disclosure of personal information that may identify your past, present, or future physical or mental health status (“Consumer Health Data”).

This Notice does not apply to information that would be considered “Protected Health Information” under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

Consumer Health Data We Collect

We may collect Consumer Health Data when you browse our websites and other online services, or subscribe to our Wellness Services. Examples of Consumer Health Data we may process include:

Contact Information. The name, email address, physical address, gender, age, and authorized representatives of individuals who provide it to us, for example, to register for an account or subscribe to the Wellness Services.
Measurement Data. Our Connected Devices take measurements and other recordings about those who use them, including the following:
- Sleep-Related Measurements such as heart rate, time asleep, number of sleep interruptions, time in REM sleep, and sleeping state (e.g., “light” or “deep” sleep).
- Bodily Measurements such as weight, body mass index (“BMI”), body fat measurements, bodily water measurements, bone weight, and muscle weight.
- Activity Measurements, such as activity type, pulse, heart rate (including variability), and respiration rate.
Wellness Information. Data related to a Member’s Wellness status and history, such as:
- Physical/Mental Health Condition, including information about Member’s health conditions, history, status, diagnoses, prescriptions, testing, or treatments.
- Wellness Goals, Assessments, & Trends, which considers a Member’s and others’ input, Measurement Data, and other information.
- Calculated or Inferred Data. Calculations or inferences related to a Member, such as sleep patterns/phases, activity levels, BMI, readiness, and similar calculations and inferences.
Member-Provided Activity and Context. Information provided by a Member and recorded by ClearWellness, such as Wellness Coach interactions notes, activities, comments, feedback, and other information.
Data Provided by Others. Personal data about a Member that we collect from third parties, such as caregivers, family members, personal representatives, and others.
Commercial Activity. We keep track of the Services utilized by Members.

If we collect biometric information about you, we provide you with notice of that collection, and collect your consent in compliance with applicable law, prior to collecting such information. Our Devices are not configured to create a biometric identifier of any individuals.

Our Use of Consumer Health Data

We process Consumer Health Data to provide you with the Wellness Services you request, as described in this Notice or as otherwise disclosed to you. For example, we use Consumer Health Data for the following purposes:

Wellness Coaching. Our Wellness Coaches use Consumer Health Data to provide the Members with personalized wellness plans, including to set goals, make recommendations, monitor progress, and spot trends.
To Provide our Wellness Services. In addition to use by a Wellness Coach, we use Consumer Health Data to perform a variety of services essential to the Member experience and our business, such as account setup, maintenance, and support, transaction processing and fulfillment, billing and payment processing, and customer service across multiple channels.
Third-Party Interactions. We may share Consumer Health Data with Authorized Recipients.
To Communicate. We will use Consumer Health Data to facilitate communications with the Members or other Authorized Recipients.
Business Operations. We use Consumer Health Data to perform business operations, such as document management and record keeping, training and development, generating business intelligence reports, strategic decision making, auditing and compliance, maintaining the security and integrity of our Services, including protection against fraudulent or illegal activities. This includes confirming identities as necessary.

Our Disclosure of Consumer Health Data

While personal information that is not Consumer Health Data may be disclosed as provided in the “Disclosure of Personal Data” section of our Privacy Policy, our disclosure of Consumer Health Data is limited to the following situations.

Wellness Coaches. Our Wellness Coaches receive access to Member’s Consumer Health Data, as part of the Services.
Care Facilities and Medical Providers. We share Consumer Health Data of Members with the care facilities, doctors, trainers, specialists, or other professionals authorized by the Member or their legal representative to receive it. Once the Consumer Health Data of Members is shared with such persons or entities, they become the controllers of such data, and are responsible for processing it in accordance with the laws applicable to them.
Authorized Representatives. We may disclose Member’s Consumer Health Data with authorized recipients (each an “Authorized Representative”). Authorized Representatives may include a Member’s family members, care facility personnel, in-home care personnel, or healthcare providers. Authorization may be revoked at any time by providing a revocation of authorization. ClearWellness is not responsible for use of a Member’s Consumer Health Data by an Authorized Representative.
Legal Obligations. We may share Consumer Health Data to fulfill legal obligations such as responding to subpoenas, court orders, or other binding government requests. If we are involved in litigation, we may use Member Consumer Health Data to establish, exercise, or defend legal claims.
Reorganization. In the event of a business transaction such as a sale, merger, consolidation, acquisition, change in control, transfer of substantial assets, bankruptcy, or reorganization, Consumer Health Data may be shared or transferred. This also includes any subsequent integration activities post-transaction.

ClearWellness does not sell or share Consumer Health Data.

Why We Collect Consumer Health Data

Category	Purpose	Retention
Measurement Data	Deliver core Wellness Services; generate personalized insights	Active membership + 7 yrs
Wellness Goals & Assessments	Goal-tracking, trend analysis	Active membership + 7 yrs
Contact Information	Account creation, authentication, service notices	Until account deletion
Commercial Activity	Billing, fraud prevention	7 yrs for tax / accounting

Security of Your Consumer Health Data

We implement recognized physical, technical, and organizational safeguards tailored to protect the confidentiality, integrity, and availability of Consumer Health Data we collect and process. These safeguards are designed to prevent unauthorized or unlawful access, destruction, loss, alteration, or disclosure of such data. However, despite our best efforts, no security measures can provide absolute protection against all security threats, and we cannot guarantee that unauthorized access or loss will never occur. We have procedures in place to deal with any suspected data security breach. We will notify the appropriate person and/or any applicable regulator of a suspected data security breach where we are legally required to do so.

Your Rights Under State Law

Residents of certain jurisdictions have the right to access, delete, and correct certain Consumer Health Data we collect about them. Please email us at wellnesscoach@clearwellness.com or by calling 833-846-4368 to submit a request. If your request to exercise your rights is denied, you may appeal that decision using the mechanism provided at the time of our response.

Only the individual, or the person legally authorized by the individual to submit requests on their behalf, may make a verifiable request related to the aforementioned rights. To ensure the security and confidentiality of personal data, we have established verification measures that must be completed prior to fulfilling any request to exercise data privacy rights. These measures may involve confirming the identity of the Member and/or their authorized representative through a series of questions or requiring documentation that substantiates the requestor’s identity or authority to make the request. Should we be unable to verify identity or authority adequately, we reserve the right to decline the request. We will provide an explanation for our decision where applicable or required. Upon receiving a verified request to exercise data privacy rights, we will acknowledge receipt of the request. We will aim to respond substantively to a request within time permitted under the applicable law. If we require more time to process a request, we will inform the requestor of the reason and extend the period by the notified number of days.

Please note that not all requests will be granted. Certain legal exceptions may apply, such as if we are unable to authenticate a request, or if there are legal or contractual reasons that prevent us from fulfilling the request. Where applicable or required, we will provide a written response that either details the actions we took or explains why no action was possible.

If we deny your request, you may file an appeal within 45 days by emailing compliance@clearwellness.com with “Appeal” in the subject line. We will respond in writing within 45 days of receipt, explaining our decision and providing any further recourse available under applicable law.

Depending on your state of residence, you may have additional privacy rights. These rights may include rights to access and control sensitive personal information, which may include Consumer Health Data. For more information, please see our Privacy Policy.

Changes to this Notice

We will update this Notice when necessary to reflect changes in how we use Consumer Health Data or the applicable law. When we post changes to this Notice, we will revise the “Effective Date” at the top of the Notice.

How to Contact Us

If you have a privacy concern, complaint, or a question, please contact us at ClearWellness, LLC, 3026 Owen Drive, Suite 111-112, Antioch, Tennessee 37013.