Washington and Nevada Consumer Health Data Privacy Notice

Effective as of March 31, 2024

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This Consumer Health Data Privacy Notice (the “Consumer Health Notice”) applies to residents of Washington State and Nevada and individuals whose Consumer Health Data (as defined below) is collected in Washington State and Nevada by Pogo Technologies, Inc. (“Pogo,” “we,” “us,” or “our”) through the www.joinpogo.com website (the “Site”), the Pogo mobile application (the “App”) and the Pogo Chrome browser extension (the “Extension”). In addition, this Consumer Health Notice covers the related content, products, services, platforms and other functionality offered on or through the online services, and any other website or mobile application that we own or control and which posts or links to this Consumer Health Data Notice (collectively, including the Site, the App, and the Extension, the “Service”).

This Consumer Health Notice supplements the Pogo Privacy Policy and explains how we collect, use, and process your Consumer Health Data. This Consumer Health Notice does not address privacy practices relating to Pogo job applicants, employees, and other personnel. Please note that this Consumer Health Notice is not a contract and does not create any legal rights or obligations not otherwise provided by law.

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1. Our Collection and Use of Consumer Health Data

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The term “Consumer Health Data” as used in this Consumer Health Notice means any personal information that is linked or reasonably linkable to you and that identifies your past, present, or future physical or mental health status as defined in the Washington My Health My Data Act or the Nevada Consumer Health Data Privacy Law (the “Laws”). The data we collect depends on the context of your interactions with us and, in most cases, is information that you decide to share with us. This includes data collected through surveys, and from email accounts, financial accounts, digital consumer accounts that you link to your Pogo account (collectively, the “Linked Account(s)”), or from your interactions with our Service. Consumer Health Data does not include information that is considered deidentified under the Laws.

Examples of Consumer Health Data that Pogo may collect include:

• Information you share through surveys about your health-related conditions, symptoms, experiences, prescription medication, vaccination history, diagnoses, testing, health habits, or treatments.
• Information about transactions from Linked Accounts and physical receipts that you share, such as payments for medication and provider services.
• Information that we collect from health trackers or apps you link to Pogo, including, for example, activity history, health vitals, physical characteristics, or clinical records.
• Other information that may be used to infer or derive data related to the above or other health-related information.

We may process Consumer Health Data that we collect from you by methods including, but not limited to, collecting, using, storing, organizing, combining, erasing, filtering, and transmitting data in accordance with this Consumer Health Notice.

We combine your Consumer Health Data with other personal information we collect directly from you or receive from other sources. We may process and/or use this information to deliver the Service to you, including for the following purposes:

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• For market research and providing insights into consumer health behaviors/conditions and conducting surveys based on health attributes.
• To build and enhance consumer profiles.
• To provide targeted offers that may be of interest to you.
• To surface clinical study or other research study opportunities in which you may be eligible to participate.
• To create anonymous, aggregated, or de-identified data.

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2. Sources of Consumer Health Data

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The Consumer Health Data we collect depends on the context of your interactions with our Service and, in most cases, is information that you decide to share with us such as through surveys or responses to direct inquiries or as part of non-clinical studies.

At your request, we may also collect Consumer Health Data gathered or generated by your use of any third-party health application, system, program and/or device that you connect to the Service in accordance with our Privacy Policy, or through your Linked Accounts. We may also collect Consumer Health Data from your interactions with our Service.

Note: we and our third-party partners may combine information that each of us collects automatically with other information about you, including information you choose to provide. Our service providers and third-party partners may collect this type of information over time and across third-party websites and mobile applications. For more information, please see the “What information is automatically collected?” section of our Privacy Policy.

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3. Our Disclosure of Consumer Health Data

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We may share the categories of Consumer Health Data set forth above with the following third parties:

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• Service Providers: We work with a variety of service providers who help us process your Consumer Health Data, such as to facilitate the operation of our Sites and Services and to support our communications, and advocacy programs.
• Business Transactions: We may take part in or be involved with a business transaction, such as a merger. We may disclose Consumer Health Data to a third-party during the negotiation of or in connection with such a transaction.
• Legal Obligations and Rights: We may disclose Consumer Health Data to third parties: in connection with the establishment, exercise, or defense of legal claims; to comply with laws or to respond to lawful requests and legal processes; to protect our rights and property and the rights and property of others, including to enforce our agreements and policies; to detect, suppress, or prevent fraud; to protect the health and safety of us and others; or as otherwise required by applicable law.
• With Your Consent: We may disclose Consumer Health Data about you to other service providers or publicly with your consent or at your direction. For example, with an individual’s consent or at their direction we may post their testimonial on our Sites or Services-related publications.

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4.    Your Privacy Rights

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The Laws provide the following rights with respect to Consumer Health Data we collect about you:

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• Right to Access / Confirm: You may have the right to confirm whether we are collecting, sharing, or selling Consumer Health Data about you and with whom we may be disclosing such Consumer Health Data, and to access such data.
• Right to Withdraw Consent: If you have provided your consent for our processing or sharing of your Consumer Health Data, you may have the right to withdraw your consent.
• Right to Delete: You may have the right to request that we delete your Consumer Health Data and that all third parties to whom we have disclosed your Consumer Health Data delete such data.

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5.   How to Exercise Your Privacy Rights

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To exercise any of the privacy rights set forth above or to review or request changes to data, please submit a request by either:

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• Emailing [email protected] with the subject line “Consumer Rights Request,”
• Submitting your request through the Pogo Privacy Center, or
• Calling (917) 473-3881.

Before processing your request, we will need to authenticate your identity. To authenticate your identity, we will generally require matching a minimum amount of information you provide us with the information we maintain about you in our systems. This process may require us to request additional information from you, including, but not limited to, your email address and phone number.

In certain circumstances, we may decline a request to exercise the rights described above, particularly where we are unable to authenticate your identity or locate your information in our systems. If we are unable to comply with all or a portion of your request, we will explain the reasons for our decision.

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6.   Appealing Privacy Rights Decisions

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If your request to exercise a right under the Laws is denied, you may appeal that decision by contacting us at [email protected]. If the appeal is unsuccessful, you may raise a concern or lodge a complaint with the applicable attorney general:

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• Washington: www.atg.wa.gov/file-complaint
• Nevada: ag.nv.gov/Complaints/File_Complaint/

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7.   Changes to this Consumer Health Data Privacy Notice

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We may update this Consumer Health Notice from time to time. When we make changes to this Consumer Health Notice, we will notify you by changing the date at the beginning of this Consumer Health Notice. If we make material changes to this Consumer Health Notice, we will notify individuals by email to their registered email address, by prominent posting on this website or our other platforms, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise specified.

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