Platform Privacy Policy

XRHealth App/Platform Privacy Policy

Effective Date: June 28, 2024

INTRODUCTION

1.1 In this Privacy Policy, “our” “we” “us” or “XRHealth” means XRHealth USA Inc. and its affiliates and subsidiaries.

1.2 This Privacy Policy explains how we collect, process and keep your data safe in line with the European General Data Protection Regulation (“GDPR”), the Spanish Information Society Services and Electronic Commerce Law (“LSSI”) and other relevant data protection legislation. The Privacy Policy will tell you about your privacy rights, how the law protects you, and informs our employees and staff members of all their obligations and protocols when processing data.

1.3 This policy provides notice of our processing regarding the XRHealth Mobile Application and web platform (the “App”). For information on our general website, https://xr.health, please visit the website privacy policy at https://xr.health/website-privacy-policy

WHO WE ARE (DATA CONTROLLER)

2.1 The clinic, hospital, or private medical professional with whom you have contracted professional psychology services and who uses our platform to offer you part of the services you have contracted will be your Data Controller.

2.2 In operating our App & platform, we primarily act as a Data Processor of your personal data. We act as Data Controller for your Customer Profile, purchase information and any data related to your use of cookies on our App/platform. See section 2.3 below for more information on our role in processing your data. You may contact us directly at:

Ph: +1-857-990-6111

Email: privacy@xr.health

2.3 XRHealth offers both Products (XRHealth sells its technology to healthcare professional and facilities) and Services (XRHealth Clinics provide telehealth services to patients). When offering Products to other clinics, hospitals or private medical professionals, we are acting as Data Processor, as described above in section 2.2. When offering Services, we are acting as both Data Controller and Data Processor.

2.4 Your clinic, hospital or private medical professional will provide you with information regarding their data processing. You can also request further information from them at any point. XRHealth also offers services, as outlined in Section 2.3 above, and in that instance, we are your Data Controller and will provide the necessary processing information.

2.5 If you are based in Europe or the United Kingdom, you have the right to make a complaint at any time with your local supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach the supervisory authority, so please contact us in the first instance.

2.6 We are bound by applicable data privacy laws governing how we collect and use your Personal Information, and we may review and update this Privacy Policy periodically. The most up-to-date version of our Privacy Policy can always be found on our website and in our App/platform.

2.7 While managing our responsibilities as a Data Controller, we employ the use of third-party providers who will deal with your data on our behalf (known as “Processors”). The responsibilities described below may be assigned to a processor or may be taken to apply to the organisation. XRHealth and our Processors have the following responsibilities:

Ensure that all processing of Personal Data is governed by one of the legal bases laid out in the GDPR (see section 2 below for more information on those bases);

Ensure that Processors authorized to process Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;

Implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk associated with the processing of Personal Data;

Obtain the prior specific or general authorization of the Controller before engaging another Processor;

Assist the Controller in the fulfillment of the Controller’s obligation to respond to requests for exercising the data subject’s rights;

Make available to the Controller all information necessary to demonstrate compliance with the obligations laid down in the GDPR and allow for and contribute to audits, including inspections, conducted by the Controller or another auditor mandated by the Controller;

Maintain a record of all categories of processing activities carried out on behalf of a Controller;

Cooperate, on request, with the supervisory authority in the performance of its tasks;

Ensure that any person acting under the authority of the Processor who has access to Personal Data does not process Personal Data except on instructions from the Controller; and Notify the Controller without undue delay after becoming aware of a Personal Data Breach;

PERSONAL DATA & LEGAL BASIS FOR PROCESSING

3.1 Types of Data / Privacy Policy Scope

“Personal Data” means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We collect, use, store, and transfer different kinds of Personal Data about you which we have grouped below. Not all the following types of data will necessarily be collected from you, but this is the full scope of data that we collect and when we could collect it from you. Please note, that the clinic, hospital or private medical professional is the responsible entity for your medical health data. We have included it in the below list for clarity:

Registration form / Customer Profile: This covers any personal data provided to us in your Customer Profile. It is provided via form and includes data such as your full name, phone number and email address. This also covers further personal data that we may process as a result of you contacting us directly.

Legal basis: Contract (Article 6.1.b)

Marketing and Communications Data: This is your preference for receiving marketing information from us for the purpose of our marketing activities. It will include your name & email address. Customers will receive service-related emails, as well as engagement emails that will offer marketing information that could be relevant to the users. Non-customers could receive retargeting emails, where we have your consent. You may always opt-out of these emails by unsubscribing. Note: any marketing emails will comply with the CAN-SPAM act, where applicable.

Legal basis: Consent for non-customers (Article 6.1.a), Legitimate Interest for existing customers (Article 6.1.f).

Payment data: containing information such as your name, email address and related payment information. We use this to receive your payment, though we use third parties such as ChargeBee & Stripe to receive the payments. For Products, we use Chargebee & Stripe, for Services, we use Stripe. For more information on which third parties we use to process payments, please refer to section 4.3

Legal basis: Contract (Article 6.1.b).

Technical Data: This is your IP address, browser type and version, time zone setting and location, operating system and platform, and other technology on the devices you use to engage with us. This is used for analytics, with your consent, as well as to improve site functionality. We operate cookies for this purpose.

Legal basis: Consent (Article 6.1.a), Legitimate Interest for strictly necessary cookies (Article 6.1.f).

Data collected and processed as Data Processor for clinics, hospitals and/or private medical professionals:

Patient Profile: This data populates your patient profile, which is accessible by your clinic, hospital and/or private medical professional with whom you contract services. This can include your name and surname, email address, as well as further categories that are optional such as: address, mobile phone, gender, date of birth, nationality, health insurance information, job status, civil status, religion, professional occupation.

Patient Clinical Data: This is any medical data either entered by yourself, or added to by the medical professional working with you. It can include: medical history (medical/psychological), pharmacotherapy information and medical reports.

Note 1: XRHealth also operates as Data Controller when offering our Services via the clinic. We will collect the above information in that scenario as Data Controller.

Note 2: Patient profile and clinical data are processed on behalf of the clinic, hospital or private medical professional with whom you have contracted services. As such, we do not identify the lawful basis when we are offering the Product to a clinic, hospital or private medical professional. For more information, please refer to your private medical professional.

The purpose of processing the above personal data collected is:

To fulfil our contractual obligations to our customers who provide us with your personal data through our platform.
To fulfil our contractual obligations to the clinics, hospitals and medical professionals who use our platform.
To send SMS to users so that they download the mobile App in order to guarantee the service.
To collect and store your preferences within the App through the use of Cookies.

3.2 During our normal business activities XRHEALTH will collect special categories of Personal Data according to the GDPR on behalf of the clinics, hospitals and/or private medical professionals that use our platform/app to connect to you – the user. It is their responsibility to ensure that data is processed lawfully according to Articles 6 and 9 of the GDPR. Where XRHealth is offering you the service, see Section 2.3, we will gather consent if required by law.

XRHEALTH will access and use your personal data only for the purposes for which you have submitted it to us to (a) provide information to you, (b) make contact with you, (c) provide services to you, or (d) maintain the operations and security of the website and services we provide to you. We will not use your personal information for any other purposes, for example for the communication of marketing materials, unless we have your specific consent that permits us to do so.

HOW WE USE YOUR PERSONAL DATA & RECIPIENTS OF DATA

4.1 We primarily obtain the data directly from you, the website visitor (including the devices you use), while visiting our website. If we do not collect the personal data directly from you, we will also tell you the source of the personal data and, if applicable, whether it is sourced from publicly available sources.

4.2 Recipients, or Categories of Recipients, of the Personal Data

When processing your data, we work with service providers who have access to your data. The categories of recipients are as follows:

software companies that enable us to provide our services, help us to improve them and/or serve us for marketing purposes (for example, to send newsletters, emails, manage customer contacts or applications);

public bodies and administrations to the extent that we are legally obliged to do so;

payment service providers;

hosting providers;

social media platforms; and

service companies, such as tax advisors or lawyers.

Purpose	Third Parties Involved
Marketing	Froged Technologies S.L. (Privacy Policy)
Web Hosting	Fastly, Inc. (Privacy Policy) Amazon Web Services (Data Processing Agreement)
Analytics	Custom created tools for App analytics purposes. These tools do not process personal data and primarily track simple engagement stats. Mixpanel, Inc. (Privacy Policy)
CRM	HubSpot, Inc. (Privacy Policy)
Security	Cloudflare, Inc. (Privacy Policy)
Support Chat	HubSpot, Inc. (Privacy Policy)
Application Distribution	Apple Store, Google Play Store
VR Management Tool	ManageXR (no personal data shared)

To fulfil the contract, we may also disclose your personal data to anyone to whom we assign rights arising from the contractual relationship with you. In these instances, you will be directly informed.

4.3 Change of Purpose

We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your Personal Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

YOUR RIGHTS AND HOW YOU ARE PROTECTED

5.1 EU & UK Visitors

As a data subject under the UK or EU GDPR, you have the right in law to:

Information, in accordance with Art. 15 EU/UK GDPR,

Rectification, in accordance with Art. 16 EU/UK GDPR,

Data erasure (“right to be forgotten”), in accordance with Art. 17 EU/UK GDPR,

Limitation of processing, pursuant to Art. 18 EU/UK GDPR,

Data portability, according to Art. 20 EU/UK GDPR and/or

Objection to the processing, pursuant to Art. 21 EU/UK GDPR.

To exercise these rights, you can send an email to us at any point at the following email address: compliance@xrhealth.com.

We will handle any request to exercise these rights in accordance with the relevant laws, but please note that these rights may not be absolute. XRHEALTH may refuse or deny a request in accordance with these rules, though where possible you will be informed why this is happening.

You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, if your request is clearly unfounded, we could refuse to comply with your request.

We may also need to request specific information from you to help us confirm your identity and ensure you have the right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

5.2 US Visitors

New privacy laws are being announced, and old laws are being updated. XRHealth updates this policy once per year, though will update this section more frequently where possible. Please contact us at compliance@xr.health for any US-related privacy concerns or questions.

5.2.1 California

Under Californian law, California residents are entitled to ask us for a notice identifying the categories of personal customer information that we share with certain third parties for marketing purposes, and providing contact information for such third parties. If you are a California resident and would like a copy of this notice, please submit a written request to us via email at compliance@xr.health. You must put the statement “Your California Privacy Rights” in your request and include your name, street address, city, state, and ZIP code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

The California Consumer Privacy Act of 2018 (CCPA) and the California Privacy Rights Act of 2020 (CPRA) collectively referred to as the “CCPA/CPRA” provide certain rights to residents of California. If the CCPA/CPRA is applicable to you, you have the right to:

know the categories of personal information collected about you in the prior 12 months and its sources and business purpose;

know whether your personal information is sold or disclosed, and to whom, in prior 12 months;

opt out of the sale or sharing of your personal information;

access and then delete your personal information (subject to exceptions);

equal service and price (non-discrimination) if you exercise your privacy rights;

limit the use of your sensitive personal information; and

correct your personal information.

5.2.2 Nevada

You may review and request changes to your data by emailing us at privacy@xr.health.

5.2.3 Colorado – Connecticut – Iowa – Utah – Virginia

You may exercise your consumer rights, including requesting changes to your data, by emailing us at privacy@xr.health.

5.2.3 Do Not Sell My Information

We take your privacy seriously. We do not sell your information.

YOUR DATA & THIRD PARTIES (DISCLOSURE)

6.1 We may disclose Personal Information to the following parties:

(a) Our employees, agents, trusted business partners and service providers;

(b) our professional and legal advisors;

(c) potential or actual buyers of our assets or business, such as by means of merger, acquisition or purchase of all or substantially all of the assets of XRHealth, so long as such potential or actual buyer maintains the same privacy terms hereunder;

(d) government, regulatory and law enforcement agencies as required, or as otherwise authorized or permitted by law; and/or

(e) other parties who you explicitly provide your consent to.

6.2 Any processors or subprocessors used are subject to our confidentiality obligations to only use your data for the purposes for which we disclose it to them and according to our instructions. They are bound by appropriate contractual agreements, such as Data Processing Agreements.

6.3 Third-Party Links

This site may include links to third-party websites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our site, we encourage you to read the privacy policy of every website you visit.

HOW LONG WE RETAIN YOUR DATA

8.1 We store your personal data only as long as it is necessary to achieve the purpose of processing. In most cases, we store your data if you have consented to the processing until you revoke your consent. If we need the data to perform a contract with you, we retain the data for as long as the contractual relationship with you exists. If we use the data based on a legitimate interest, we will retain your data for as long as your interest in deletion or anonymization does not prevail.

7.2 In addition, data may be stored beyond the outlined periods in certain rare circumstances where data must be kept in order to exercise legal rights or to comply with other legal obligations. In these cases, the data is deleted when a storage or retention period prescribed by law expires.

7.3 We store applicant documents for a period of six months if the application does not lead to an employment relationship and no further storage has been agreed.

CHILDREN’S DATA & PRIVACY

8.1 XRHealth’s App/platform is not targeted at children, however we recognize that in special situations children may use our services. Minors may use the App/platform with parental/legal guardian or other appropriate individual’s consent. Please note that in such instances, we do not collect more Personal Information than is necessary to provide children with the services. In these instances, we will gather appropriate express consent from the parent/legal guardian. Where necessary, we will provide a children-focused privacy policy.

8.2 Parents have the right to request the review or deletion of their child’s Personal Information. Parents also have the right to request that we stop collecting and using their child’s Personal Information. To make such a request, please contact us at compliance@xr.health. For us to analyze your request, we must first verify the identity of the requesting parent or legal guardian. To respect the privacy of parents/legal guardians, we dispose of information that is collected and used solely for obtaining verifiable parental/legal guardian consent or providing notice after a reasonable time after parental consent is declined or revoked.

SECURITY OF YOUR PERSONAL INFORMATION

9.1 We take appropriate measures to maintain the security and integrity of our website and prevent unauthorized access or use through generally accepted industry standard technologies and internal procedures. We utilize third parties to assist us in providing the website who are also bound by contractual and legal privacy protections. In addition, we employ highly secure services design and implementation using state-of-the-art encryption and architecture mechanisms. Furthermore, we implement a secure permission management and auditing system using specific and proprietary firewall and network access filtering as well as security group mechanisms. Please note, however, that there are inherent risks in transmission of information over the Internet or other methods of electronic storage and we cannot guarantee that unauthorized access or use will never occur.

9.2 Certain laws require us to indicate whether we honor “Do Not Track” settings in your browser. We do not currently respond to these signals, but we adhere to the standards set out in this Privacy Policy.

INTERNATIONAL DATA TRANSFER

10.1 We are headquartered in the United States and have service providers primarily based in the United States. Your personal data may be transferred outside of your country to the United States or other locations where privacy laws may not be as protective as those in your home country. XRHealth ensures that appropriate contractual measures are in place to govern any transfers of your personal data to our processors or subprocessors.

IF YOU HAVE QUESTIONS OR CONCERNS ABOUT YOUR PERSONAL INFORMATION

11.1 XRHealth has a designated Privacy Officer. If at any time you have a privacy related issue, or question about this Privacy Policy, please contact our Privacy Officer using the details below.

11.2 You should put any complaint you have in writing and give as much detail as you can about the nature of your complaint and the information affected.

11.3 The Privacy Officer will manage the investigation of your complaint or concern and will respond to you within a reasonable time frame.

CHANGES TO OUR PRIVACY POLICY

12.1 We may change this Policy from time to time and if we do, we will post any changes on this page. If the changes are significant, we will provide a more prominent notice.

XRHEALTH CONTACT DETAILS

13.1 If you have any questions or concerns about this Privacy Policy, your personal information, or our information management practices, you can contact our Privacy Officer at:

Privacy Officer: Ashley Robinson

Ph: +1 857-491-0162

Email: privacy@xr.health