PrehabMD Inc. and the PrehabMD team respect your privacy and are committed to protecting your privacy in accordance with this “Privacy Policy.” For clarity and consistency, any terms not defined herein have the meaning given to them in our Terms of Use.

This Privacy Policy explains our treatment of certain information collected in connection with the PrehabMD Platform. This Privacy Policy also explains how you can ask us questions and make suggestions about our privacy practices and review and update such information.

We urge you to read this Privacy Policy carefully and to check back periodically as it may change from time to time. Please note that this Privacy Policy does not apply to the practices of companies or websites which are not owned or controlled by Company.

(1) Personal Information Collected

When you access or use Company Materials and provide User Submissions we may collect information that can be used to directly or indirectly identify you, such as your name, mailing address, e-mail address, telephone number, Internet protocol (IP) address, username, billing and account information used to contact you ("Personal Information").

Personal Information can be collected if submitted or provided to any of our service agents or electronically when you email us, subscribe, make a profile, or through third-party technologies, such as cookies.

(2) Consent to Collection, Use and Disclosure

By accessing, using or receiving a Company Materials, you are providing your consent for us and our approved third-party agents to collect, use and disclose Personal Information in accordance with this Privacy Policy and applicable laws. You may withdraw your consent at any time, subject to applicable laws.

(3) Use of Information

We may use your Personal Information:

(a) to provide you with the Company Materials and other services and information you have requested from us, including your use of the PrehabMD Platform;

(b) to contact you about changes, enhancements or similar notices related to the Company Materials or other services that we feel may be of interest to you;

(c) for the purposes of assisting in the investigation of a contravention of a federal, provincial, or foreign law or in order to protect or defend a legal interest, if Company has reasonable grounds to believe the information could be useful for such purposes;

(d) in the context of performing or amending our agreements with you and in correspondence between you and Company;

(e) to generally enhance your experience with the Company Materials and to enhance the PrehabMD Platform;

(f) for research and statistical reporting purposes, provided that if any reports or other related work product are made public this applies only to Personal Information that has been anonymized so as not to include any identifiable features of a particular User;

(g) to investigate and prevent errors, defects, performance and security issues; and

(h) for other such purposes as may be required by applicable law.

(4) Disclosure of Personal Information

We may share Personal Information internally within Company or with Company’s affiliates and their respective personnel. Other than these internal disclosures, we will only disclose your Personal Information to third parties:

(a) where you have given your express or implied consent to disclose the Personal Information for a designated purpose;

(b) where the third parties are acting on our behalf as our agents, suppliers, or service companies, to enable us to more efficiently and effectively provide Company Materials;

(c) to facilitate the provision of such Company Materials, such as fulfilling legal requirements;

(d) for purposes required by law, including by an order of any court, institution or body with jurisdiction or authority to compel the production of information, or in order to protect or defend a legal interest; and

(e) in connection with a sale of the Company.

(5) Information Collected by Nutrition Tool

We have developed a Nutrition Tool as a standalone module of the PrehabMD Platform in order to provide you a report and programs of interest. This module is optional and requires certain information including your gender, type of surgery, cancer information, recent weight loss, decreased food intake, height, weight and waist circumference. Once inputted, this information is anonymized, is not linked to your personal information in any way and cannot be used to identify you. This information will be used solely for providing you a report and programs of interest outputted by the Nutrition Tool and for research and statistical reporting purposes.

(6) Information Collected by Anxiety and Depression Tool

We use a publicly available Anxiety and Depression Questionnaire as a standalone module of the PrehabMD Platform in order to provide you a report and programs of interest. This module is optional and requires answering four questions about your mood. Once inputted, this information is anonymized, is not linked to your personal information in any way and cannot be used to identify you. This information will be used solely for providing you a report and programs of interest outputted by the Anxiety and Depression Tool and for research and statistical reporting purposes.

(7) Information Collected by Exercise Safety Tool

We have developed an Exercise Safely Tool as a standalone module of the PrehabMD Platform in order to provide you a report and programs of interest. You are required to complete this module before gaining access to the PrehabMD fitness content. It requires certain information including signs and symptoms or medical conditions that could affect your ability to safely participate in a fitness program. Once inputted, this information is anonymized, is not linked to your personal information in any way and cannot be used to identify you. This information will be used solely for providing you a report and programs of interest outputted by the Exercise Safety Tool and for research and statistical reporting purposes. For your convenience, completion of the Exercise Safety Tool will be linked to your account so that you will not have to repeat the tool every time you login on any device for the duration of your membership.

(8) Links to Other Sites and Advertisements

Company Materials may contain links to other websites and services. While we try to link only to websites and services that share our high standards and respect for privacy, please understand that we are not responsible for the content of, or the privacy practices employed by, other companies or websites. This Privacy Policy applies only to the Company Materials referencing this Privacy Policy.

(9) Security

The security of your Personal Information is important to us. Company takes technical, contractual, administrative, and physical security steps to protect this information which is encrypted in transit and at rest.

Company will keep and store your Personal Information for a period of time that is necessary to fulfill its purposes for which it is collected, except as required or permitted by applicable law.

Unfortunately, the transmission of information via the internet and mobile apps is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your personal information transmitted through the PrehabMD Platform. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any PrehabMD Platform privacy settings or security measures.

You can help protect the security of your Personal Information as well. For instance, never give out your password, since this is what is used to access your account or registration information. Also remember to log out of your account and close your browser window when you finish using Company Materials so that other people using the same computer will not have access.

(10) Data Retention

Except as otherwise permitted or required by applicable law or regulation, we will only retain your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances we may anonymize or aggregate your Personal Information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.

(11) Children and Minors

The PrehabMD Platform is not intended for any User under the age of majority. Further, we do not knowingly collect personal information from children under 13. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at the address indicated below.

(12) Changes to this Privacy Policy

We may from time to time change our Privacy Policy in our sole discretion. Changes will be effective when a new version is made available through the PrehabMD Platform. If you continue to receive the Company Materials after the changes have been posted, you are accepting these changes. It is your responsibility to read, understand and agree to the terms of this Privacy Policy and any changes made. If you do not agree to this Privacy Policy or any changes, it is your responsibility to cancel the Company Materials and stop using any related service. This Privacy Policy was last updated September 2022.

(13) Accessing and Changing Account/Registration Information

If you want to review, verify, correct, or withdraw consent to the use of your Personal Information you may also send us an email at privacy@prehabmd.com to request access to, correct, or delete any Personal Information that you have provided. Some Personal Information that was anonymized to protect your privacy may not be accessible. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. We may charge you a fee to access your Personal Information, however, we will notify you of any fee in advance.

If you are unsure whether we have a record containing any of your Personal Information and would like to confirm whether or not we do, or if you would like to withdraw your consent to the use of any Personal Information as described in this Privacy Policy or if you have any comments or suggestions, please send an e-mail to our privacy manager at privacy@prehabmd.com.