Website Privacy Policy

XRHealth Inc. Website Privacy Policy

Effective Date: June 28, 2024

INTRODUCTION

1.1 In this Privacy Policy, “our” “we” “us” or “XRHealth” means XRHealth 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 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 privacy policy provides notice of the data we process during operation of our general marketing website, https://xr.health. For our application, please refer to our App Privacy Policy here.

WHO WE ARE (DATA CONTROLLER)

2.1 As your Data Controller, XRHealth will determine the purposes for which and how any Personal Data is processed. You may contact us at:

Privacy Officer: Ashley Robinson

Ph: +1 857-491-0162

Email: compliance@xr.health

Any inquiries about your data should be sent to the above email.

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 if possible.

2.2 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 https://www.xr.health/vrhealth-privacy-policy/

2.3 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 organization. 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 possibly collect it from you:

Contact Data: This covers any personal data provided to us in our ‘Contact Us’ form, such as your full name, phone number, email address and location. This also covers further personal data that we may process as a result of you contacting us directly.

Legal basis: Legitimate interest (Article 6.1.f). Depending on our interaction, we may go on to rely on other lawful bases such as Contract (Article 6.1.b) or Consent (Article 6.1.a). In these instances, you will be informed about the change of lawful basis.

Marketing and Communications Data: This is your preference for receiving marketing information and other information from us for our marketing newsletters. It will include your name & email address. Note: any marketing emails will comply with the CAN-SPAM act, where applicable.

Legal basis: Consent (Article 6.1.a).

Job application data: containing information such as your name, location, email, cv data and cover letter. We use this to decide if you are a suitable candidate for the role you have applied for. We use an Applicant Tracking System to manage your application. For more information on the specific providers we use, please refer to section 4.2 below.

Legal basis: Legitimate Interest (Article 6.1.f), and any provided sensitive data will be processed according to Article 9(2)(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)

Client business data: This is likely to be contact information, business email address and phone number.

Legal basis: Legitimate interest (Article 6.1.f) or pre-Contractual measures (6.1.b) depending on the nature of communication.

3.2 Our website is primarily an information source, and as such XRHEALTH will not collect any special categories of Personal Data according to the GDPR. Our App/platform does collect sensitive personal data. Please refer to the App privacy policy for more information.

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
Email Marketing	N/A
Web Hosting & Management of website	FlyWheel (Privacy Policy) WordPress (Privacy Policy)
Analytics	Google Analytics (Privacy Policy)
CRM	HubSpot, Inc. (Privacy Policy)
Security	Cloudflare, Inc. (Privacy Policy)
Application Tracking/Applicant Management	XRHealth: JazzHR (Privacy Policy) Amelia: TeamTailor (Privacy Policy)

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 compliance@xr.health.

5.2.3 Colorado, Connecticut, Utah and Virginia

To the extent that XR is processing on behalf of Customer any personal data in scope of the Colorado Privacy Act, Connecticut Data Privacy Act, Utah Consumer Privacy Act and/or Virginia Consumer Data Protection Act, XR shall:

Ensure that each person processing personal data is subject to a duty of confidentiality with respect to the data;

At Customer’s direction, delete or return all personal data to Customer as requested at the end of the provision of the Services, unless retention of the personal data is required by law;

Upon the reasonable request of Customer, make available to Customer all information in its possession necessary to demonstrate its compliance with the obligations under the foregoing laws;

Allow, and cooperate with, reasonable assessments by Customer or Customer’s designated assessor; alternatively, XR may arrange for a qualified and independent assessor to conduct an assessment of XR’s policies and technical and organizational measures in support of the obligations under the foregoing laws using an appropriate and accepted control standard or framework and assessment procedure for such assessments. XR shall provide a report of such assessment to Customer upon request; and

Engage any subcontractor pursuant to a written contract in accordance with the foregoing laws that requires the subcontractor to meet the obligations of XR with respect to the personal data.

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.

APPLYING FOR A JOB AT XRHEALTH

7.1 XRHealth has an application portal on our website. If you apply for one of our vacancies via the Careers page, we will collect and subsequently process your CV and other application information that you provide. The data will be made available for our HR team to review. To manage your application, we use an Applicant Tracking System (“ATS”). This is a third-party company that acts as our Data Processor. Our ATS provider is JazzHR, and their privacy policy can be found here. We have engaged in a Data Processing Agreement with JazzHR to ensure that they process your data in accordance with applicable laws.

We operate a talent pool of unsuccessful applicants. We will gather your express consent to be added to this talent pool. You may revoke this consent at any time via the ATS itself, or by emailing us at compliance@xr.health.

For applicants to our brand Amelia Virtual Care, we use a separate Applicant Tracking System to ensure compliance with the GDPR. Our ATS provider is TeamTailor, an EU-based provider. Like our use of of JazzHR for XR, TeamTailor acts as our Processor. Their privacy policy can be found here.

We may conduct background checks on new hires. When this occurs, we will inform you of the processing involved and gather your consent where applicable.

If you have further questions about how we process your data, please feel free to reach out to us at compliance@xr.health.

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.

8.2 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.

8.3 We generally 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. For US applicants, we store your data indefinitely.

CHILDREN’S DATA & PRIVACY

9.1 XRHealth’s website is not targeted at children, however we recognize that children may visit. For information on how children may use our services, such as our App or web portal, please refer to our App Privacy Policy. Generally, minors may use the App 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. We provide, as a limited offering, our services to minors in the U.S., Australia and Israel. We do not process the data of minors within Europe.

9.2 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

10.1 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.

10.2 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

11.1 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, such as the EU Standard Contractual Clauses or International Data Transfer Agreements.

IF YOU HAVE QUESTIONS OR CONCERNS ABOUT YOUR PERSONAL INFORMATION

12.1 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 in section 14 below.

12.2 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.

12.3 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

13.1 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

14.1 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

For more information, please contact us at compliance@xr.health.