WELLUP TECHNOLOGIES, INC. 

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PRIVACY POLICY

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Last Updated August 7, 2023

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Wellup Technologies, Inc., together with its affiliates and subsidiaries (collectively, the “Company”, “we”, “us” or “our”) provides certain social and healthcare services, which focus on the social determinants of health, through the utilization of our Wellup Platform (the “Wellup Platform”), whereby Wellup Navigators (the “Navigators”) use the Wellup Platform to perform certain services for or on behalf of certain persons (the “Subjects”), and where as certain-back end management functions are conducted by Wellup Administrators (the “Admins”) through the Wellup Administrative Portal (the “Administrative Portal”, and collectively, with the Wellup Platform, the “Services”). Navigators and Admins utilizing the Services in their provision of certain services to Subjects are collectively referred to herein as the “User”, “you”, or “your”. Our Terms of Service (the “Terms”) are expressly incorporated herein, by reference, and are an integral part hereof.

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This Privacy Policy (this “Privacy Policy”) sets forth our policy with respect to information, collected from you on or through the Services that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you (“Personal Data” or “Personal Information”). We take the privacy of Personal Data seriously. Because of that, we have created this Privacy Policy. By using the Services or interacting with us, you are agreeing to this Privacy Policy. Please read the following carefully to understand how we collect, use, disclose, and maintain information that can be used to identify you. In addition, this Privacy Policy describes your choices for use, access, and correction of Personal Data. If you do not agree to be bound by this Privacy Policy, please stop using the Services.

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1. Changes to this Privacy Policy. We may change this Privacy Policy, at any time and from time to time. In any event that we make changes, we will notify you by revising the “Last Updated” date at the top of this Privacy Policy. If there are significant changes to this Privacy Policy, we will attempt to notify you directly by e-mail, or otherwise provide such information via the home page of the Services prior to such changes becoming effective. We encourage you to review our Privacy Policy whenever you use the Services to stay informed of ways that you can protect privacy.

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2. Information We Collect and Receive. When you use or interact with us through the Services, either as a Navigator or Admin, we may collect certain Personal Data. More information about the categories and sources of information is provided below.

2.1 Information You Provided to Us. We collect information that you decide to share with us. At times, we may require you to provide certain information in order to use certain parts of our Services, fulfill your requests, or provide you with certain services. 

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2.1.1 Account Information. When you create an account, you may provide your name, e-mail address, phone number, physical address, picture, a copy of your driver’s license or equivalent identification card and any other information you choose to upload to your account. 

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2.1.2 Payment Information. The Company may provide a compensation payout mechanism via the Services to remit compensation to Users for services performed. If you elect to opt-in to such compensation payout mechanism via the Services, we will collect your bank account information. All bank account information is stored by our third-party payment processor, and you should review its privacy policies carefully. 

2.1.3 User Content. Certain features and functionalities of the Services may allow you to communicate with other Users. We may gather Personal Data from the information, comments, photos, posts, and other content you upload, post, or share on the Services.

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2.1.4 Contacting Us. You may interact with us or other Users through our Services, including through any interactive feature, online contact form, e-mail, or any other communication mechanism. When using these channels, you typically provide your account information and any other information you choose to provide at your option.

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2.1.5 Surveys. When you complete any forms or respond to a survey or questionnaire, we collect the Personal Data you provide. 

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2.2 Information We Obtain from Others. We may obtain information about you from third-parties who help us provide our Services, from publicly available sources, and from other Users of the Services. We may also obtain some information from our third-party partners, such as various healthcare and social services providers, in order to supplement information provided by you. Finally, we may obtain information that does not identify you directly, but which is later used in a way that may later directly identify you. We may combine that general information with your Personal Information in order to enhance our Services or to better facilitate your provision of services to us and the Subjects.   

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2.3 Information We Automatically Collect. We automatically collect certain information from you when you use the Services, including internet or other network activity information such as your Internet Protocol (“IP”) address, unique device identifiers, browsing and search history within the Services, and cookies and other technologies.

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2.3.1 Log Information. We retain information about you when you access and use the Services. This information can include the following:  IP address, timestamps, browser information, Internet Service Provider (“ISP”), web pages visited, and the URL of the webpage you visited before navigating to our Services.

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2.3.2 Device Information. We monitor User activity in connection with the Services and may collect information about the applications and features you use within the Services, websites you visit, as well as types and amount of time which you spend within Services.

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2.3.3 Crash and Error Information. If the Services crash or return an error, we may collect data to determine the cause of the error using first- or third-party services. The crash or error information collected may include the following:  Device IP address, device name, operating system version, application configurations(s), the time and date, and other germane statistics.

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2.3.4 Cookies and Other Technologies. Cookies and similar technologies (e.g., pixels and ad tags) (collectively, “Cookies”) are small files which, when placed on your device, enable us to collect certain information, including Personal Data, from you in order to provide certain features and functionality. We and our service providers and business partners use Cookies to collect data and recognize you and your device(s) on the Services and elsewhere across your different devices. We do this to enhance your User experience.

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2.4 Information We Collect Specific to Our Mobile Application. When using the Wellup Platform, we also may collect the following information if you choose to provide us with access or permission. This information is primarily needed to maintain the security and operation of the Wellup Platform for troubleshooting and for our internal analytics and reporting purposes as well as to better monitor your provision of services to us and the Subjects. 

2.4.1 Geolocation Information. We may request access or permission to track location-based information from your mobile device, either continuously or while you are using the Wellup Platform, to provide certain location-based services. If you wish to change our access or permissions, you may do so in your device’s settings. 

2.4.2 Mobile Device Data. We automatically collect device information (such as your mobile device ID, model, and manufacturer), operating system, version information and system configuration information, and device and application identification numbers. We may also collect information about the phone network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, your mobile device’s unique device ID, and information about the features of our mobile application you accessed. 

2.4.3 Push Notifications. We may request to send you push notifications regarding your account, your provision of services as required in your Navigator or Admin role, or certain features of the Wellup Platform. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings. 

3. How We Use Your Information. We may use your Personal Data for our legitimate interests and the limited purpose of providing the Services and related functionality and services, as described in the Terms and in this Privacy Policy, and as permitted by applicable law. These purposes include circumstances where it is necessary to provide or fulfill the services requested by or for you; to facilitate or allow for you to provide or perform certain required services or duties, in your Navigator or Admin role, to us, the Subjects, or our third-party partners; and in such instances where you have given us your express consent. We may use your Personal Data as follows:

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3.1 For Our Legitimate Business Interests. We may use your Personal Data:

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(i) To support our legitimate interests, including, without limitation, the provision and maintenance of the Services, consistent with your rights and preferences;

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(ii) To provide you with services that you request; 

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(iii) To provide certain services to our third-party partners; 

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(iv) To respond to your inquiries, comments, feedback, or questions;

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(v) To send administrative information to you; for example, information regarding the Services and changes to our Terms or this Privacy Policy;

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(vi) To help us improve the functionality of the Services;

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(vii) To customize and optimize the information or content that you see or receive when you use the Services, and otherwise to enhance or improve your experience and our Services; 

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(viii) To develop, analyze and improve our Services, which may include traffic, usage, and navigation patterns related to your activities on the Services; 

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(ix) To send you certain informational messages, including, without limitation, newsletters and e-mail and text communications regarding the Services;

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(x) To protect our or any third-party’s rights or interests; 

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(xi) For internal purposes such as auditing and data analysis;

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(xii) To investigate alleged violations of our Terms or this Privacy Policy; and 

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(xiii) To comply with legal obligations and legal process and to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or other third-parties.

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3.2 With Your Consent. In some cases, we will ask for consent to use your Personal Data for specific purposes. If we do, we will make sure you can revoke your consent in in accordance with the “Your Choices” section below.

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3.3 Other Purposes. If we intend to use any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time the Personal Data is collected, or we will obtain your consent subsequent to such collection but prior to such use.

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4. How We Share and Disclose Information.

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4.1 We Do Not Sell Personal Information. We do not sell or otherwise disclose Personal Data we collect about you, except as described herein or otherwise disclosed to you at the time the Personal Data is collected or prior to our use of such Personal Data collected.

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4.2 Service Providers and Business Partners. To assist us in meeting business operations needs and to perform certain services and functions, we may share Personal Data with various service providers and business providers, including providers of website and/or platform hosting, website and application-related consulting and monitoring, data analysis, payment processing, information technology and related infrastructure provision, background check, e-mail delivery, auditing, and other services related to delivering the Services. Pursuant to our instructions, these parties will access, process, or store Personal Data in the course of performing their duties to us. Additionally, we provide access to or share your Personal Information with our third-party partners, such as healthcare providers, on whose behalf we perform certain services. We take commercially reasonable steps to ensure our service and business providers and third-party partners adhere to the security standards that we apply to your Personal Data.

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4.3 Sharing You Control. We may ask for your consent to share your Personal Data, and if you agree, we will share your Personal Data accordingly.

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4.4 Settings. We may share information consistent with your settings selections within the Services.

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4.5 Aggregate/De-Identified Data. From time to time, we may share aggregate/de-identified statistical information about use of the Services, such as by publishing a report on usage trends. The sharing of such data is unrestricted.

4.6 Legal Reasons. We may also disclose your Personal Data when we, in good faith, believe disclosure is appropriate to comply with the law, a court order, or a subpoena. We may also disclose your Personal Data to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of our Services; to enforce or apply our policies or other agreements; or to protect our own rights or property or the rights, property or safety of our Users or others. We will attempt to notify our Users about legal demands for their Personal Data when appropriate in our judgment unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague, or lack proper authority.

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4.7 Sale, Merger, or Other Business Transfer. As we continue to develop our business, we may buy, merge, or partner with other companies. In such transactions (including in contemplation of such transactions), Personal Data may be among the transferred assets. If a portion or all of our assets are sold or transferred to a third-party, your Personal Data would likely be one of the transferred business assets. If such transfer is subject to additional mandatory restrictions under applicable laws, we will comply with such restrictions.

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5. Your Choices.

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(a) If you have registered for an account, you may access, review, update, or delete certain Personal Data that you have provided to us by logging into your account and using available features and functionalities or by contacting us in accordance with the “Contact Us” section below. You may also contact us to delete you’re account. Please note that we will need to verify that you have the authority to delete the account and certain activity generated prior to deletion may remain stored by us and may be shared with third-parties as detailed in this Privacy Policy.

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(b) Most web browsers are set to accept Cookies by default. If you prefer, you can usually set your browser to remove or reject Cookies. Please note that if you choose to remove or reject Cookies, this could affect the availability and functionality of our Services. 

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(c) In certain circumstances, providing Personal Data is optional. However, if you choose not to provide any Personal Data that is needed to use some features of our Services, then you may be unable to use those features, which could affect your ability to perform your required duties as a Navigator or Admin. We will tell you what Personal Data that you must provide in order to receive the Services.

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(d) Some browsers offer a “do not track” (“DNT”) option. Since no common industry or legal standard for DNT has been adopted by industry groups, technology companies, or regulators, we do not respond to DNT signals. We will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.

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6. Additional Information for Residents of Certain US States.

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6.1 Additional information for California Residents (Effective January 1, 2023).

6.1.1 If you are a resident of the State of California, you may have certain rights afforded to you under the California Consumer Privacy Act or the “CCPA”, as amended by the California Privacy Rights Act. 

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6.1.2 We collect Personal Data for the business and commercial purposes described in the section above titled “How We Use Your Information”, and we share Personal Data with the categories of third-parties described in the section above titled “How We Share and Disclose Information”. We do not ‘sell’ (as such term is defined in the CCPA) the Personal Data we collect (and will not sell it without providing you a right to opt-out). Please note that we do use third-party Cookies as further described in the section above titled “Information We Automatically Collect”.

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6.1.3 California law, if applicable to us, provides some California residents with the rights listed below:

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(i) You may have the right to request that we disclose to you the Personal Data we collect, use, or disclose, and information about our data practices.

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(ii) You may have the right to request that we delete your Personal Data that we have collected from you.

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(iii) You may have the right to request that we correct inaccurate Personal Data.

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(iv) You may have the right to exercise control over our collection and processing of certain sensitive Personal Data.

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(v) You have the right not to receive retaliatory or discriminatory treatment for exercising these rights. 

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6.1.4 To request access to or deletion of your Personal Information, or to exercise any other privacy rights under California law, please contact us at hi@wellup.io or via any other method which may be specified in the “Contact Us” section below. In order to verify your request to know or delete certain Personal Data, we may require you to provide us with certain information to be used solely for the purpose of verifying your identity.

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6.1.5 Under the CCPA, you may exercise these rights yourself or you may designate an authorized agent to make these requests on your behalf. We may request that your authorized agent have written permission from you to make requests on your behalf and may need to verify your authorized agent’s identity.

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6.2 Additional information for Colorado Residents (Effective July 1, 2023). 

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6.2.1 The Colorado Privacy Act, if applicable to us, provides some Colorado residents with the rights listed below:

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(i) You may have the right to know and see what Personal Data we have collected about you in a portable format. 

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(ii) You may have the right to request that we correct inaccurate Personal Data. 

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(iii) You may have the right to request that we delete the Personal Data we have collected about you.

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(iv) You may have the right to opt out of targeted advertising (as defined under Colorado law). 

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6.2.2 To request access to or deletion of your Personal Data, or to exercise any other privacy rights under Colorado law, please contact us at hi@wellup.io, or via any other method which may be specified in the “Contact Us” section below.

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6.2.3 Please note that to respond to some rights we may need to verify your request either by asking you to log in and authenticate your account or otherwise verify your identity by providing information about yourself or your account. Authorized agents can make a request on your behalf if you have given them legal power of attorney or we are provided proof of signed permission, verification of your identity, and, in some cases, confirmation.

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6.3 Additional information for Connecticut Residents (Effective July 1, 2023). 

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6.3.1 The Connecticut Data Privacy Act, if applicable to us, provides some Connecticut residents with the rights listed below:

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(i) You may have the right to know and see what Personal Data we have collected about you in a portable format. 

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(ii) You may have the right to request that we correct inaccurate Personal Data.

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(iii) You may have the right to request that we delete the Personal Data we have collected about you.

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(iv) You may have the right to opt out of targeted advertising (as defined under Connecticut law). 

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6.3.2 To request access to or deletion of your Personal Data, or to exercise any other privacy rights under Connecticut law, please contact us at hi@wellup.io, or via any other method which may be specified in the “Contact Us” section below.

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6.4 Addition Information for Nevada Residents (Effective October 1, 2019).

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6.4.1 If you are a Nevada resident, under Privacy and Security of Personal Information Chapter of the Nevada Revised Statutes Section 603A (“603A”), we are required to provide you with the following: 

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(i) We may collect certain covered information (as defined under Nevada Law) when you create an account, use or visit the Services, including, but not limited to first and last name, home or other physical address, electronic e-mail address, and telephone number.

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(ii) We may share your covered information to third-parties as described in the section above titled “How We Share and Disclose Information”.

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(iii) Third-parties may collect covered information about your online activities over time and across different internet websites or online services when you use our Services.

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6.4.2 Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration (as such terms are defined under Nevada law) to a person for that person to license or sell such information to additional persons. We do not engage in such activity; however, if you are a Nevada resident who has provided “personally identifiable information” to us via the Services, you may submit a request to opt out of any potential future sales under Nevada law by contacting us at hi@wellup.io, or via any other method which may be specified in the “Contact Us” section below. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.

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6.5 Additional information for Utah Residents (Effective December 1, 2023). 

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6.5.1 If you are a Utah resident, pursuant to the Utah Consumer Privacy Act, we must share with you that:

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(i) We collect Personal Data for the business and commercial purposes described in the section above titled “How We Use Your Information”;

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(ii) We may share your Personal Data to third-parties as described in the section above titled “How We Share and Disclose Information”; and 

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(iii) We collect the categories of Personal Data described in the section above titled “Information We Collect and Receive”. 

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6.5.2 Utah law, if applicable to us, provides some Utah residents with the rights listed below:

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(i) You may have the right to know and see what Personal Data we have collected about you in a portable format.

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(ii) You may have the right to request that we delete the Personal Data we have collected about you. 

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(iii) You may have the right to opt out of targeted advertising (as defined under Utah law). 

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6.5.3 To request access to or deletion of your Personal Information, or to exercise any other privacy rights under Utah law, please contact us at hi@wellup.io, or via any other method which may be specified in “the Contact Us” section below.

6.6 Additional information for Virginia Residents (Effective January 1, 2023). 

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6.6.1 If you are a Virginia resident, pursuant to the Virginia Consumer Privacy Act, we must share with you that:

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(i) We collect Personal Data for the business and commercial purposes described in the section above titled “How We Use Your Information”;

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(ii) We may share your Personal Data to third-parties as described in the section above titled “How We Share and Disclose Information”; and 

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(iii) We collect the categories of Personal Data described in the section above titled “Information We Collect and Receive”. 

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6.6.2 Virginia law, if applicable to us, provides some Virginia residents with the rights listed below:

(i) You may have the right to know and see what Personal Data we have collected about you.

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(ii) You may have the right to request that we correct inaccurate Personal Data.

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(iii) You may have the right to request that we delete the Personal Data we have collected about you. 

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(iv) You may have the right to opt out of targeted advertising (as defined under Virginia law). 

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6.6.3 To request access to or deletion of your Personal Information, or to exercise any other privacy rights under Virginia law, please contact us at hi@wellup.io, or via any other method which may be specified in the “Contact Us” section below.

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7. Security. We take reasonable precautions intended to help protect your Personal Data that we collect. Unfortunately, no system or online transmission of data is completely secure, and we cannot guarantee the security of data transmitted across the Internet. If you believe that information you provided to us is no longer secure, please notify us immediately using the contact information provided below.

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8. Information Retention. We will retain Personal Data required to comply with privacy requests, as required by law, and in order to resolve disputes. We may also retain copies of your Personal Data for disaster recovery purposes, to prevent fraud or future abuse, or for legitimate business purposes.

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9. Data Processing and Data Transfers. To provide you with the Services, we may store, process, and transmit data in the United States and locations around the World—including those outside of your country. Your Personal Data, therefore, may be subject to privacy laws that are different from those in your country of residence. In such instances, we shall ensure that the transfer of your Personal Data is carried out in accordance with applicable privacy laws and, in particular, that industry appropriate contractual, technical, and organizational measures are in place.

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10. Links to Third-Party Websites. The Services may contain links to other websites, applications, or materials not operated or controlled by us (collectively, the “Third-Party Websites”). The information that you share with Third-Party Websites will be governed by the specific privacy policies and terms of service of the Third-Party Websites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these Third-Party Websites. Please contact the Third-Party Websites directly for information on their privacy practices and policies.

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11. Children’s Information. The Services are to be used by Users, both Navigators and Admins, who are the age of 18 and over. We do not knowingly collect Personal Data from Users under the age of eighteen (18). If we become aware of Users who have provided us with Personal Data and are under the age of 18, we will take steps to deactivate their account and delete their Personal Data. If you become aware of information from Users under the age of 18 which has been provided to us, please contact us in accordance with the “Contact Us” section below.

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12. Contact Us. If you have any questions or concerns about our Privacy Policy, please contact us via e-mail at hi@wellup.io.  

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