Privacy Notice Effective Date: April 30th, 2024 Last Updated: April 30th, 2024

Peak Weight Management and its affiliates (“us”, “we”, “our”) respect your privacy.

This Privacy Notice describes the types of information we collect about users (“user”, “you”, your”) through our products and services, including, without limitation, your use of https://www.peakweightmanagement.com and user portal, mobile applications or other components which hyperlink to this Privacy Notice (collectively the “Service(s)”). In providing these Services, we act as a “business associate” (as defined under the Health Insurance Portability and Accountability Act (“HIPAA”)) when we collect and process Personal Information that constitutes “protected health information” (as defined by HIPAA) (“PHI”) on behalf of our “covered entity” (as defined by HIPAA) clients. For more information about how PHI is used and disclosed, and your rights regarding your PHI, please review the applicable Notice of Privacy Practices (“NPP”), which supplements this Notice.

By accessing or using the Services, you signify that you have read, understood and agree to our collection, storage, use and disclosure of your Personal Information as described in this Privacy Notice.‍

1. When this Privacy Notice Applies This Privacy Notice applies to your “Personal Information,” which includes information that may identify you, and that we collect or which is derived from your interactions with our Services. Examples of Personal Information may include your name, your address, or an online identifier that could identify you (such as an IP address).

This Privacy Notice does not apply to:

● Users of our Services who are located outside of the United States.

● Third-party websites or services that may be linked within our Service.

Any information you provide to those third-party websites are controlled by those third parties and are subject to their privacy policies. We encourage you to read their privacy policies carefully before giving them your information.

2. Types of Personal Information We Collect and How we Collect We collect and generate different types of Personal Information depending on how you use or interact with our Services. The categories and sources of Personal Information we collect and generate about you may include: Creating an account and onboarding. When you create a user account we collect information that enables you to register and onboard to use our products and services. Using the Service. When you use the Service, we collect additional information that you provide to us such as your preferences related to our Services and health care providers, information related to scheduling appointments and payment information. Demographic and Contact Information: Demographic and contact information that you provide to us. For example, we may collect information such as your name, mailing address, e-mail address, and telephone and fax number. Webforms and Requests: Information you submit to us through online or interactive forms available within our Services. For example, you may “contact us,” submit feedback, request additional information about the Services provided, sign up for a mailing or other type of newsletter, or reach out to us regarding a question or concern.

Websites: Information such as your username and password to enter certain sections of our websites or Services, unique identifiers, preference information, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site, operating system, date/time stamp, and clickstream data and other pieces of information. This is further described in Tracking Technologies subsection below. Log Information: Usage details of our Services, including the address (or URL) where you came from before visiting us, which pages or features you visit or utilize, which browser you use, search terms you enter, and items you click on. We may also create usage statistics and monitor the traffic from your use or interaction with our Services. This includes information provided to the browser. Internet Protocol (IP) Addresses: Internet protocol (IP) addresses are unique identifiers automatically assigned to each computer when logging onto the Internet. We generally collect IP address information from visitors using or interacting with the Services and we log them for system administration purposes. In some cases, as described below, we may also use IP addresses to serve you ads on third party websites regarding our Services that may be of interest to you based upon your use or interaction with the Services if you have opted-in to certain types of cookies. You can always adjust your Cookie Settings or your individual browser’s settings. Location Information: Your location information may be collected in a variety of ways depending on how you use or interact with our Services. For example, location information can be derived from your IP address, location information associated with your use of a device, your country or location selection, or other location-based components and content of our Services. Business Interactions: Information derived from your business-related requests, communications, and dealings we have with you, or the company/organization you work(ed) for or are associated with. This may include your job title, business contact information (phone, email, fax, and address), information about products or Services you expressed an interest in or purchased from us, or that we have purchased from you or your company/organization, and other information needed to verify your ability to conduct business with us. Financial and Payment Information: In certain circumstances, we may collect payment information. If a credit card is used to purchase, we may collect information necessary to process the credit card transaction, such as the credit card type, number, and expiration date.

Social Media: Our Services may link to our pages or accounts on third party social media networks (“social media”) but our Services do not use social media plug-ins. If you choose to interact with us on social media, we may collect the information you publish or submit. Note that this information is also governed by the privacy policies of the respective companies offering the social media service. Forums and Blog: Some Services may link to blogs or forums (“forums”) that may or may not be owned or operated by us. If you choose to participate in forums, we may collect the information you submit to the forums. Note that such information may also be governed by the privacy policies of the respective companies offering the forums. Video Recording and Photographs: If you choose to use certain portions of our Services which involve video and/or photography, we will collect this Personal Information from you in order to provide you with the Services you have requested. Customer Support, Product Research, and Feedback: When you reach out to us such as to obtain support, give us feedback about the Service and our Providers, or participate in optional satisfaction surveys, product research (including user testing), we may also collect information that you choose to share. Personal Information Obtained From Third Parties: We may also get Personal Information about you from other third parties, including your health care providers, where permitted by applicable law. Communications: We may collect your Personal Data via email, by phone, by text, by instant message, live chat, social media platforms, and through third party advertisers. We do not control our business partners’ use of Personal Data, and their use of your Personal Data will be in accordance with their own privacy policies. User-Specific Information: Depending on the type of user you are, and which components of our Services you utilize, we may also collect additional types of Personal Information from you such as:

• Users of Online Services: How you use and interact with our online Services, such as the date of your last login, the type of content that you viewed or accessed, pages you viewed, features you use, your browser and device type, error reports, and any links you click on to leave or interact with the Service.

• Patients: Health, medical and insurance related information, which is considered PHI and further described in the Notice of Privacy Practices.

• Health Care Providers and Clinical Staff: Your professional credentials, affiliations, and other information needed to administer the Services and treat patients.

• Cookies and Tracking Technologies: We and our service providers may use cookies and similar technologies to collect usage and browser information about how you use our website. We process the information collected through such technologies, which may include or be combined with Personal Information, to help operate certain features of our website, to enhance your experience through personalization, and to help us better understand the features of our website that you and other users are most interested in. In order to manage your preferences with respect to these technologies, please visit our preferences page. In addition, most browsers provide you with the ability to block, delete, or disable cookies, and your mobile device may allow you to disable transmission of unique identifiers and location data. If you choose to reject cookies or block device identifiers, some features of our Services may not be available, or some functionality may be limited or unavailable. Please review the help pages of your browser or mobile device for assistance with changing your settings. We do not respond to Do Not Track (“DNT”) signals sent to us by your browser at this time.

3. How We Use Personal Information Depending on what Services you use and how you interact with us, we may use your Personal Information in the following ways.

● To administer the Services;
● To manage business transactions;
● To respond to your inquires and provide information about the Services;
● To send you marketing information as permitted by applicable law;
● To send you advertisements you may be interested in as permitted by applicable law;
● To improve the Services and user experience;
● If we are involved in a merger, acquisition, or sale of our assets (or a portion thereof), it may impact how we process your Personal Information. In such an instance, we will comply with all applicable laws and treat your Personal Information accordingly;
● To maintain records relating to your account;

● To manage our relationship and communicate with you and our customers about new features and Services that we may offer;

● To respond to inquiries and resolve disputes;

● To carry out analytics, quality control, security processes and similar activities, in order to identify and develop potential improvements to the Services;

● To aggregate claim information and analyze outcomes for the Services;
● To measure your satisfaction with our company through surveys, feedback and ratings;
● To process payments from you in certain circumstances;
● To prevent, detect, and prosecute illegal or fraudulent activity on the Services;
● Other uses required to do so by law, for example in order to maintain accounting records, compliance with applicable retention obligations, for purposes of reporting obligations, to respond to lawful requests by public authorities, to investigate potential breaches and to protect our rights, property, safety and those of our users; and
● When permitted by law, we may also enhance or combine information about you, including your Personal Information, with information about you that we obtain from third parties for the same purposes described in this Privacy Notice.

4. How We Share Personal Information

We may share your Personal Information to the following third parties, and for the following reasons, in accordance with applicable law: Health Care Providers: To the health care providers who are treating you. Affiliates and Employees: To our related entity affiliates, and our employees, in order to provide you with the Services. Links to/From Third-Party Website: As a resource to our users, we may provide links to/from other unaffiliated websites or services within our Services. If you choose to visit such third-party websites or services, please note that any information you submit to them is not subject to this Privacy Notice. For Legal Obligation or Safety Reasons: When we have a good faith belief that access, use, preservation or disclosure of Personal Information is reasonably necessary to (a) satisfy or comply with any requirement of law, regulation, legal process, or enforceable governmental request, (b) enforce or investigate a potential violation of the Terms of Use, (c) detect, prevent, or otherwise respond to fraud, security or technical concerns, (d) support auditing and compliance functions, or (e) protect the rights, property, or safety of our users, or the public against harm. In the Case of a Merger or Sale: If and when we are involved in a merger, acquisition, or any form of transfer or sale of some or all of its business, whether as an ongoing concern or as part of bankruptcy, liquidation, or similar proceeding. Personal Information may be transferred along with the business. Where legally required, we will give you prior notice and if you have a legal right to do so, an opportunity to object to this transfer.

To Service Providers: When we hire a service provider to help operate the Site or our business, we may give access to Personal Information as necessary to perform the service for us. This may include service providers that operate our Site, send our communications, or run our promotions. To Business Partners: We may share Personal Information with our trusted business partners. For example, we may share your Personal Information with a company when we co-sponsor a promotion or service. These partners and affiliates may use your Personal Information to, among other things, send you information or contact you about their services and products.

5. How We Protect Personal Information We use commercially reasonable efforts to protect the confidentiality and security of Personal Information. However, despite these efforts to store Personal Information in a secure environment, we cannot guarantee the security of Personal Information during its transmission or its storage on our systems

6. International Use of our Services Our website is hosted in the United States. If you are visiting our website from outside of the United States, please note that by providing your Personal Information, it is being transferred to, stored, collected, or processed in the United States, where our servers are located and operated.

7. Retention of Personal Information We will retain your Personal Information for as long as necessary to fulfill the purposes for which it has been collected, as outlined in this Privacy Notice, or any longer retention period required by law.

8. Children’s Privacy The Service is not directed to, and we do not knowingly collect personal information from, anyone under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us. We will delete such information from our files as soon as reasonably practicable. If you think that we have collected Personal Information via an online Service from a child under the age of 13, please contact us.

9. Updates To Our Privacy Notice Please note that we may modify or update this Privacy Policy from time to time, so please review it periodically. We may provide you with an updated Privacy Policy if material changes are made. Unless otherwise indicated, any changes to this Privacy Policy will apply immediately upon posting to the Site.

Shine the Light Under California Civil Code Section 1798.83, individuals who reside in California and who have an existing business relationship with us may request information about our disclosure of certain categories of Personal Information to third parties for the third parties’ direct marketing purposes, if any. To make such a request, please contact us using the information in the Contact Us section below.

Please be aware that not all information sharing is covered by these California privacy rights requirements and only information on covered sharing will be included in our response. This request may be made no more than once per calendar year.

10. Marketing Communications To opt out of marketing emails, please email us at [email protected] or by following the instructions included in the email or text correspondence. Please note that, even if you unsubscribe from certain correspondence, we may still need to contact you with important transactional or administrative information, as permitted by law. Additionally, if you withdraw your consent or object to processing of your Personal Information, or if you choose not to provide certain Personal Information, we may be unable to provide some or all of our Services to you.

11. How to Contact Us If you have questions about this Privacy Notice, our information practices, or how we handle your information or would like to exercise your rights, please reach out by contacting us at [email protected]