Achu Health™

(Effective as of December 10, 2021)

Your privacy is very important to us. Before we get to the details, check out our Privacy Label to see a summary of our privacy practices.

Privacy Label

Collection and Sale of Data

Do we sell your personal information? No

Do we share or sell aggregate information? No

Do we share your data with third party API partners? No

Do we use sensitive categories of data, like health information?Yes, with your consent

Do we use your contact list if you allow us access?No

Do we delete your data when you request account deletion?Yes

Do we retain your data for as long as we need it unless you request deletion?Yes

Tracking

Do we track your device location to provide achu health to you? No

Do we track your device location while you are not using the app?No

Do we use cookies?Yes

Do we track your browsing activities on other sites?No

Do we listen to you using your device microphone?No

Communication

Do we give you advance notice when we make important changes to our Privacy Policy?Yes

Do we send you marketing communications with opt out?Yes

Do we send you push notifications with opt out?Yes

Privacy Policy

Introduction

Datapult Inc. of 235-17 Industrial Parkway South, Aurora, Ontario, L4G 3V5 (“Datapult,” “we,” “our,” or “us”) believes in transparency and appreciates your trust in how we handle your personal information. Here we describe our privacy policy (“Policy”) for our website ((achuhealth.com), mobile applications, APIs, software, social media pages, products, and other Properties and services as it relates to the information we collect, how we use and keep your information safe, and the control that you retain over your information. We may change this Policy from time to time in order to address new issues and to reflect changes to the Properties, our data collection or use practices, or the applicable law. We reserve the right to revise or make any changes to this Policy at our sole discretion, and your continued use of the Properties subsequent to any changes to this Policy shall be subject to any such revisions of this Policy, to which you will be bound. Accordingly, please reread this Policy if the effective date posted on the top of this page has changed.

Questions or comments about this Privacy can be submitted to support@achuhealth.com

1. Information Achu Health Collects

We may collect the following information for use as described in the HOW WE USE INFORMATION section.

INFORMATION THAT YOU PROVIDE

You are required to submit some basic information to create an account to use our Properties, such as your name, user name, email address, password, date of birth and gender. You may also provide, at your own discretion, daily health questionnaires providing ratings towards stress, fatigue, and anxiety, risk factors, smoking status, medications, alcohol use, and any other information that may increase the accuracy of HRV Daily Outlook model for you. You may also choose to provide other information, such as a profile photo, biography, country information, and community username. If you contact us or provide feedback of any kind, we may collect information that you voluntarily submit such as your name, contact information, and the content of your message.

PAYMENT INFORMATION

You may purchase services or items through the Properties, including payments and transactions with third parties. To make purchases through the Properties, you will need provide information sufficient for identification and verification, such as your name, credit, debit or other card number, card expiration date, and CVV code. This information is encrypted and sent to your card network for processing. Note that third- party payment processors may retain your information in accordance with their own privacy policies and terms.

AUTOMATICALLY COLLECTED INFORMATION

We automatically obtain some information about you when you use our Properties, including information concerning your IP address, internet service provider, user preferences, device, operating system, preferences, and geolocation information. We may use browser cookies, which are small files stored on your computer’s memory, in connection with the Properties. Cookies allow us to identify account holders and maximize your experience using the Properties. You may disable or refuse cookies, but you may lose certain functionality in your use of the Properties. Location data is only collected upon your consent. You may disable or refuse to provide your location information, but may lose certain functionality in your use of the Properties.

INFORMATION COLLECTED FOR AND FROM THIRD PARTIES

We may work with third-party services to collect data and other information concerning your use of the Properties for non- advertising purposes, such as helping us understand how visitors use our website, improving our technology, or other purposes. We may also use service providers, like Google Analytics, for digital analyses and search engine optimization. To learn more about how Google Analytics collects and processes data, you may visit their site at google.com/policies/partners. If you choose to connect to our Properties through a third party with whom you have an account, we may receive information from the third party. You can stop sharing information from the third party by removing our access to that other service.

HEALTH AND SPECIAL CATEGORIES OF PERSONAL DATA

Health data and other special categories of personal data are subject to the European Union’s General Data Protection Regulation (“GDPR”). We ask for your explicit consent to process this data, and obtain this consent from you prior to collecting the data. You can withdraw your consent at any time using your account settings, or by deleting your account. If you withdraw your consent, you may lose certain functionality in your use of the Products.

2. HOW WE USE INFORMATION

We consider privacy a top priority, and provide users control over their data. All personal and user-identifiable information is maintained locally on your device(s), minimizing the need for your data to be sent to the cloud for computation. With your explicit permission, we may use anonymized health data collected from you through our Properties for purposes of health and technology optimization including, for example, to:

a. provide, maintain, and improve the performance of our Properties;

b. optimize health benefits recommend workouts to users; c. validate, improve, and personalize our Heart Rate Variability Baseline and Daily Outlook Feature ;

d. perform data analyses and research, including through third parties;

e. troubleshoot errors and debug our Properties;

f. develop new products;

g. track health data to determine fitness and health trends and data;

h. provide you with Daily Health Outlook’s (i.e Daily Outlook), Activity and Workout Reccomendations, and other notifications.

i. fulfill health and fitness goals

GDPR

For personal data subject to GDPR, we rely on several legal bases that allow us to process data, including:
a. your consent which you may withdraw at any time; b. when processing is necessary to perform pursuant to our Agreement; and c. other legitimate goals, such as in improving, personalizing, and developing the Properties, improving existing features or products, and promoting safety and security for our users.

3. HOW INFORMATION IS SHARED

PERSONAL IDENTIFYING INFORMATION

We do not share personal information that can reasonably identify you, or associate your identity with your health data. All user-identifiable health data is kept locally on your device(s) whenever possible. However, we reserve the right to disclose identifying information (i) to comply with a law, regulation, legal process, or governmental request; (ii) to assert legal rights or defend against legal claims; (iii) to prevent, detect, or investigate illegal activity, fraud, abuse, violations of our terms, or threats to the security of the Properties or the physical safety of any person; or (iv) if we are involved in a merger, sale, acquisition, assignment, or transfer of all or part of our assets, affiliates, lines of business, or products, including at bankruptcy, in which case we will give affected users notice before transferring any personally-identifying information to a new entity.

DE-INDENTIFIED INFORMATION

We do share aggregated and/or de-identified information including as provided below:

GENERALLY

With your permission, we may disclose and use aggregated and/or de- identified information such that it cannot reasonably be used to identify an individual.

FOR EXTERNAL PROCESSING

We transfer aggregated and/or de-identified information to our corporate affiliates, subsidiaries, parent companies, service providers, vendors, consultants, agents, contractors, and other partners or service providers who process it in compliance with this Policy, and with any other appropriate confidentiality and security measures. These partners provide us with services, including for customer support, information technology, data analysis, and research.

PUBLICLY:

We may disclose aggregated and/or de-identified information publicly, such as in public reports about Feature Leaderboards and Fitness Trends including in social media, in an aggregated data displayed or as part of any service provided to users of our Properties.

4. DATA RETENTION

We keep information needed to maintain your account with us – including your name, email address, and password – for as long as your account is active. We keep other information, including your completion of goals and tasks, health programs and health data, until you delete your account. We also keep de-identified aggregate data for as long as necessary for our legitimate research, development and legal interests, as provided in the HOW WE USE INFORMATION and HOW INFORMATION IS SHARED sections.

5. YOUR RIGHTS TO ACCESS AND CONTROL YOUR PERSONAL DATA

ACCESSING YOUR DATA

You may access and control to your personal data through your account settings. By accessing your account, you may view, save, download, or your personal information, including your dashboard with your related health and activity statistics.

EDITING OR DELETING YOUR DATA

You may edit or delete your personal data through your account settings, including without limitation your profile data or your account. If you delete your account, most of your information will be deleted within 90 days, however we reserve the right to preserve de-identified information, or information that was already used or shared. See the HOW WE USE INFORMATION and HOW INFORMATION IS SHARED sections for more information.

OBJECTING TO OR LIMITING DATA USE

We provide options in account settings for you to control our data use. For example, you can limit (i) how your information is visible to other users of the Products; (ii) notifications you receive from us; and (iii) access of third party applications that you previously connected to your account with us. If you live in the European Economic Area, United Kingdom, or Switzerland, you can object to our processing of your information – including as described in the HOW WE USE INFORMATION section – and you have a general right to object to the use of your information for direct marketing purposes. Please also review our use of cookies for your options to control how we and our partners use cookies and similar technologies for advertising.

6.CHILDREN’S PRIVACY POLICY (COPPA)

Our Properties are not directed to children under the age of 13 and children under the age of 13 should not use any of our Properties without parental consent. Datapult also does not knowingly collect or maintain information collected online from children under the age of 13 without such consent. As a parent, you maintain control of your child’s account. If at any time you wish to stop further collection or use of your child’s information, you can delete your child’s account. The terms of this Policy apply to your child’s data, but for the following exceptions:

LOCATION SERVICES

We will not collect location data of any kind, including GPS or triangulation data from cell towers, but will automatically collect and store information about account connectivity such as IP addresses, browser type, language, operating system, and app and mobile device information (including cookie and application identifiers).

HOW WE USE INFORMATION

We use children’s information in the following ways: to provide, personalize, and improve our Properties and services, authenticate identities, to track HRV Trends and health data, and to provide customer support. We also use the data we collect for internal purposes such as troubleshooting, protecting against errors, data analysis and testing, and to develop new features and services.

HOW INFORMATION IS SHARED

Information that we collect may be shared outside of Datapult in some limited circumstances. We do not share information that personally identifies children to companies, organizations, or individuals outside of Datapult unless one of the following applies:

a. EXTERNAL PROCESSING: We provide personal information to our affiliates or other trusted businesses or persons for processing based on our instructions and subject to other appropriate confidentiality and security measures.

b. OWNERSHIP CHANGES: If we are involved in a merger, acquisition, or sale of assets, we will give you notice before transferring any personal information to a new entity.

c. LEGAL REASONS: We may disclose information to comply with a law, regulation, legal process, or governmental request; to assert legal rights or defend against legal claims; or to prevent, detect, or investigate illegal activity, fraud, abuse, violations of our terms, or threats to the security of the Services or the physical safety of any person.

CHANGES TO THIS POLICY

We may change this Policy from time to time at our sole discretion. We will inform you when we revise the Policy and post a new effective date on this website. We encourage you to review our Policy periodically to make sure you understand our practices with respect to your information. If you object to any of the changes to this Privacy Policy, you should stop using the Services and delete your account.

CONTACT: If you have any questions or comments regarding our Policy, you may contact us at info@achuhealth.com