INFORMED CONSENT FOR TELEHEALTH SERVICES

DO NOT USE THIS SERVICE IF YOU MAY BE EXPERIENCING A MEDICAL EMERGENCY.

In an emergent situation, you can: (i) call 911; (ii) go to the nearest emergency room; (iii) contact

your local crisis center; (iv) if applicable, call the National Suicide Prevention Lifeline

(1-800-272-8255); or (v) if applicable, contact the Crisis Text Line (text “GO” to 741-741).

We are pleased you have chosen Beluga Health, P.A. for your telehealth needs. This document is intended

to inform you of what you can expect of your clinician in terms of his or her credentials and in connection

with your treatment via telehealth. After you have carefully read this document and had an opportunity to

have your questions answered, certain state laws mandate that you must sign and date it before

commencing services.

YOUR TELEHEALTH PROVIDER’S CREDENTIALS. Your provider’s credentials were made

available to you before scheduling an appointment. If you have any questions about these credentials,

please direct them to your telehealth provider. For those states that require it, you can find an explanation

of the levels of regulation applicable to clinicians under the STATE REGULATIONS section of this

document.

IMPORTANT INFORMATION REGARDING YOUR TREATMENT BY TELEHEALTH HEALTH

PROVIDERS, INCLUDING POTENTIAL RISKS AND BENEFITS. Beluga Health and its affiliated

medical practices offer treatment by various types of healthcare providers, including physicians and

equivalent licensed professionals, via telecommunications technology (also referred to as “telehealth”).

Beluga’s telehealth services include care provided via asynchronous and synchronous telehealth modalities.

Asynchronous telehealth is one way to deliver telehealth. Asynchronous communication is often referred to

as “store-and-forward” communication, where participants submit and collect data at different times. An

example of asynchronous communication is a telehealth encounter with a healthcare practitioner that

involves sending photos, video, or other communications via email or text message.

“Asynchronous” means

“not occurring at the same time” and is different from “synchronous” telehealth which generally includes

visits conducted in real-time between patients and healthcare practitioners through audio or video means

(e.g., live phone calls or video-conferencing). Healthcare practitioners may use asynchronous telehealth to

aid in diagnoses and medical consultations when live communication or face-to-face contact is not possible

or necessary.Beluga’s platform (“Platform”), in particular, allows for the following asynchronous telehealth services: 1)

text-based healthcare practitioner-patient interactions through short message service (“SMS”) and

multimedia messaging service (“MMS”) communications; and 2) secure information collection through

asynchronous store-and-forward patient questionnaires.

The services provided may also include chart review, remote prescribing, appointment scheduling, refill

reminders, health information sharing, non-clinical services, such as patient education and other electronic

transmission for the purpose of rendering care to you. The electronic communication systems we use will

incorporate network and software security protocols to protect the confidentiality of patient identification and

imaging data and will include measures to safeguard the data and to ensure its integrity against intentional or

unintentional corruption. There are various benefits associated with telehealth services, including improved

access to care by enabling you to remain in your home while the provider consults with you, more efficient

care evaluation and management, and obtaining expertise of a specialist as appropriate. Possible risks include

delays in evaluation and treatment could occur due to deficiencies or failures of the equipment and

technologies, and in rare events, our provider may determine that the transmitted information is of inadequate

quality, thus necessitating a rescheduled telehealth consult or a meeting with your local primary care doctor.

At times, your clinician may seek supervision or consultation with other Beluga Health or non-Beluga Health

clinicians regarding your treatment, to enhance the services being provided to you given the multiple

perspectives, experiences, and treatment philosophies. All team members are ethically and legally bound to

maintain your privacy and confidentiality in this scenario and none of your personal information will be

shared or disclosed with any other individual without your consent. Exceptions to confidentiality do exist in

certain situations, such as: threat of serious harm to self or others; reasonable suspicion of abuse or neglect of

a child, or abuse, neglect, or exploitation of an incapacitated or dependent adult; court order and/or

subpoena; permission from the client or guardian (i.e. voluntary release signed by the client or guardian);

during supervisory consultations; diagnosis and dates of service shared with an insurance company to collect

payments; information released as outlined in the Beluga Health’s Notice of Privacy Practices and Privacy

Policy; and as otherwise required by law.

By consenting to the telehealth services, You confirm that You have read and agreed to the terms

outlined in the Notice of Privacy Practices and the Privacy Policy. You understand how your personal

and health information will be collected, used, and protected in accordance with applicable laws.

By consenting to this Informed Consent, You acknowledge that You understand and agree with the

following:

1. You hereby consent to receiving Beluga Health’s services via telehealth technologies. You

understand that the Telehealth Provider and its providers offer telehealth-based medical services, but

that these services do not replace the relationship between your and your primary care doctor. Our

clinicians are an addition to, and not a replacement for, your local primary care provider.

Responsibility for your overall medical care should remain with your local primary care provider, if

you have one, and we strongly encourage you to locate one if you do not. You also understand it is

up to the Beluga Health provider to determine whether or not your specific clinical needs are

appropriate for a telehealth encounter.

2. You understand that if you need to receive non-emergent follow-up care related to your treatment,

please contact your clinician by sending a message via the modality in which the conversation was

initiated (e.g., in the app chat or via SMS).

3. You understand that federal and state law requires health care providers to protect the privacy and

the security of health information. You understand that the Beluga Health will take steps to make sure

that your health information is not seen by anyone who should not see it. You understand that

telehealth may involve electronic communication of your personal medical information to other

health practitioners who may be located in other areas, including out of state.

4. You expressly consent to allow Beluga or its healthcare practitioners to call, email, or text you (via

SMS and/or MMS) with or regarding Personal Data (as defined in the Beluga Privacy Policy),

appointments, or similar matters related to your telehealth encounter using the contact information

you have provided. Any calls or texts to you may be placed using an auto-dialer or a pre-recorded or

artificial voice, even if your number is on a do-not-call list. Your phone carrier’s normal rates may

apply. This is consent, not a condition of purchase. You may revoke this consent at any time by

emailing us at admin@belugahealth.com.

5. You understand there is a risk of technical failures during the telehealth encounter beyond the

control of the Beluga Health. You agree to hold harmless the Beluga Health for delays in evaluation

or for information lost due to such technical failures.

6. You understand that you may be asked to provide identification and confirm your physical location

prior to or during the telehealth visit.

7. You understand that you have the right to withhold or withdraw your consent to the use of telehealth

in the course of your care at any time, without affecting your right to future care or treatment. You

understand that You may suspend or terminate use of the telehealth services at any time for any

reason or for no reason. You understand that if you are experiencing a medical emergency, that you

will be directed to dial 9-1-1 immediately and that the Beluga Health providers are not able to

connect you directly to any local emergency services. You may request to delete your patient profile

at any time by emailing admin@belugahealth.com.

8. You understand that alternatives to telehealth consultation, such as in-person services are available

to you, and in choosing to participate in a telehealth consultation, you understand that some parts of

the services involving tests may be conducted by individuals at your location, or at a testing facility,

at the direction of the Beluga Health provider (e.g., labs or bloodwork). You understand that Beluga

Health does not have any in-person clinic locations.

9. You understand that you may expect the anticipated benefits from the use of telehealth in your care,

but that no results can be guaranteed or assured.

10. Because Beluga Health does not have access to your complete medical records, if you do not

disclose to your telehealthcare practitioner a full list of your medical history including diagnoses,

treatments, medications/supplements, and allergies, adverse treatment, drug interactions or allergic

reactions, or other negative outcomes may occur.

11. You understand that your healthcare information may be shared with other individuals for

scheduling and billing purposes. Persons may be present during the consultation other than the

Beluga Health provider in order to operate the telehealth technologies. You further understand that

you will be informed of their presence in the consultation and thus will have the right to request the

following: (a) omit specific details of your medical history/examination that are personally sensitive

to you; (b) ask non-medical personnel to leave the telehealth examination; and/or (c) terminate the

consultation at any time.

12. You understand that you will not be prescribed any narcotics.

13. You understand that there is no guarantee that You will be issued a prescription and that the decision

of whether a prescription is appropriate will be made in the professional judgement of the Beluga

Health Provider.14. You understand that there is no guarantee that You will be treated by the Beluga Health Provider.

Beluga Health's Provider reserves the right to deny care for potential misuse of the Services or for

any other reason if, in the professional judgment of the Provider, the provision of the Services is not

medically or ethically appropriate.

15. You understand that if you participate in a consultation, that you have the right to request a copy of

your medical records which will be provided to you at reasonable cost of preparation, shipping and

delivery.

16. You have read and you understand the disclosures set forth next to the state in which you are located

at the time of the telehealth encounter, as set forth below:

STATE REGULATIONS:

Alaska: You understand your primary care provider may obtain a copy of your records of your telehealth

encounter. (Alaska Stat. § 08.64.364).

Arizona: You understand that all medical records resulting from a telemedicine consultation are part of your

medical record. (A.R.S. § 12-2291.)

Colorado: You are informed that if you want to register a formal complaint about a provider, you should file

at https://dpo.colorado.gov/FileComplaint.

Connecticut: You understand that your primary care provider may obtain a copy of your records of your

telehealth encounter, and that you can revoke your consent at any time. (Conn. Gen. Stat. Ann. § 19a-906).

D.C.: You have been informed of alternate forms of communication between you and a physician for urgent

matters. (D.C. Mun. Regs. tit. 17, § 4618.10).

Georgia: You have been given clear, appropriate, accurate instructions on follow-up in the event of needed

emergent care related to the treatment. (Ga. Comp. R. & Regs. 360-3-

.07(7)).

Iowa: To file a complaint, fill in the form below or fill out the complaint form and email it to the medical

board at ibmcomplaints@iowa.gov.

As appropriate your provider will identify the medical home or treating physician(s) for you, when available,

where in-person services can be delivered in coordination with the telemedicine services. Your provider shall

provide a copy of the medical record to your medical home or treating physician(s). Iowa Admin. Code

653-13.11(147,148,272C)(13.11(11))

Idaho: You have been informed that if you want to register a formal complaint about a provider, you should

visit the medical board’s website, here: File a Complaint | Division of Occupational and Professional

Licenses

Illinois: You have been informed that if you want to register a formal complaint about a provider, you should

visit the Illinois Division of Professional Regulation at Division of Professional Regulation File a Complaint

Indiana: If a prescription is issued to you, and subject to your consent the prescriber shall notify your

primary care provider of any prescriptions the prescriber has issued for you if the primary care provider's

contact information is provided by you. This requirement does not apply if: (A) The practitioner is using an electronic

health record system that your primary care provider is authorized to access. (B) The practitioner

has established an ongoing provider-patient relationship with the patient by providing care to the patient at

least 2 consecutive times through the use of telehealth services. If the conditions of this clause are met, the

practitioner shall maintain a medical record for you and shall notify your primary care provider of any issued

prescriptions. Ind. Code Ann. 25-1-9.5-7.

If you are a Medicaid patient, you have the right to choose between an in-person visit or telehealth visit.

Indiana Medicaid Manual: Telehealth and Virtual Services.

Kansas: You understand that if you have a primary care provider or other treating physician, the person

providing telemedicine services must send within three business days a report to such primary care or other

treating physician of the treatment and services rendered to you during the telemedicine encounter. (Kan.

Stat. Ann. § 40-2,212(2)(d)(2)(A).

Kentucky: You have been informed that if you want to register a formal complaint about a provider, you

should visit the medical board’s website, here: https://kbml.ky.gov/board/Pages/default.aspx.

Information related to filing grievances may be found here

https://kbml.ky.gov/grievances/Documents/Consumer%20Guide%20and%20Grievance%20Form.pdf

If requested by you, your physician must share the medical record with your primary care physician and

other relevant members of your existing care team. Kentucky Board Opinion on the Use of Telemedicine

Technologies (2014), as amended September 15, 2022.

Louisiana: You understand the role of other health care providers that may be present during the consultation

other than the telehealth provider. (46 La. Admin. Code Pt XLV , § 7511).

Maine: You have been informed that if you want to register a formal complaint about a provider, you should

visit the medical board’s website, here: File a Complaint | Maine Board of Licensure in Medicine

Nebraska: If you are a Medicaid recipient, you retain the option to refuse the telehealth consultation at any

time without affecting your right to future care or treatment and without risking the loss or withdrawal of

any program benefits to which the patient would otherwise be entitled. All existing confidentiality

protections shall apply to the telehealth consultation. You shall have access to all medical information

resulting from the telehealth consultation as provided by law for access to your medical records.

Dissemination of any patient identifiable images or information from the telehealth consultation to

researchers or other entities shall not occur without your written consent. You understand that you have the

right to request an in-person consult immediately after the telehealth consult and you will be informed if

such consult is not available. (Neb. Rev. Stat. Ann. § 71-8505; 471 Neb. Admin. Code § 1-006.05). You

have been informed that if you want to register a formal complaint about a provider, you should visit:

https://dhhs.ne.gov/Pages/Complaints.aspx

New Hampshire: You understand that the telehealth provider may forward your medical records to your

primary care or treating provider. (N.H. Rev. Stat. § 329:1-d).

New Jersey: You understand that you have the right to request a copy of your medical information and you

understand your medical information may be forwarded directly to your primary care provider or health care

provider of record, or upon your request, to other health care providers. If you do not have a primary care

provider or other health care provider of record, the health care provider engaging in telemedicine or

telehealth may advise you to contact a primary care provider, and, upon request by you, may assist you with

locating a primary care provider or other in-person medical assistance that, to the extent possible, located

within reasonable proximity to you. N.J. Rev. Stat. Ann. § 45:1-62.

Ohio: You understand that the telehealth provider may forward your medical records to your primary care or

treating provider. Ohio Admin. Code 4731-37-01(C)(4).

Oregon: If you have a concern or complaint about the providers providing care to you, you may contact a

board agency to assist you. You understand that the provider may ask if you need more detail. ORS

17-52-677.07. See also Or. Medical Board, Statement of Philosophy: Telemedicine (Oct 2, 2020)

Complaints may be filed with:

Oregon Medical Board

1500 SW 1st Ave., Suite 620

Portland, OR 97201-5847

Complaint Resource Staff: 971-673-2702 | complaintresource@omb.oregon.gov

Rhode Island: If you use e-mail or text-based technology to communicate with your provider, then you

understand the types of transmissions that will be permitted and the circumstances when alternate forms of

communication or office visits should be utilized. You have also discussed security measures, such as

encryption of data, password protected screen savers and data files, or utilization of other reliable

authentication techniques, as well as potential risks to privacy. You acknowledge that your failure to comply

with this agreement may result in the telehealth provider terminating the relationship. (Rhode Island

Medical Board Guidelines).

South Carolina: You understand your medical records may be distributed in accordance with applicable law

and regulation to other treating health care practitioners. You understand the value of having a primary care

medical home and, if requested, we can provide assistance in identifying available options for a primary care

medical home. S.C. Code Ann. § 40-47-37.

You also understand that if you are a Medicaid beneficiary, you can withdraw your consent at any time.

South Carolina Health and Human Svcs. Dept. Physicians Provider Manual, p. 35 (Feb. 2024).

South Dakota: You have received disclosures regarding the delivery models and treatment methods or

limitations. You have discussed with the telehealth provider the diagnosis and its evidentiary basis, and the

risks and benefits of various treatment options. (S.D. Codified Laws § 34-52-3).

Tennessee: You understand that you may request an in-person assessment before receiving a telehealth

assessment if you are a Medicaid recipient. TN Dept. of Mental Health and Substance Abuse Services.

Office of Crisis Services Telecommunications Guidelines, p. 8, (2012) (Accessed Jan. 2024).

Texas: You understand that your medical records may be sent to your primary care physician. (Tex. Occ.

Code Ann. § 111.005). You have been informed of the following notice:

NOTICE CONCERNING COMPLAINTS -Complaints about physicians, as well as other licensees and

registrants of the Texas Medical Board, including physician assistants, acupuncturists, and surgical assistants

may be reported for investigation at the following address: Texas Medical Board, Attention: Investigations,

333 Guadalupe, Tower 3, Suite 610, P.O. Box 2018, MC-263, Austin, Texas 78768-2018, Assistance in

filing a complaint is available by calling the following telephone number: 1-800-201-9353, For more

information, please visit our website at www.tmb.state.tx.us.A VISO SOBRE LAS QUEJAS- Las quejas sobre médicos,

asi como sobre otros profesionales acreditados e

inscritos del Consejo Médico de Tejas, incluyendo asistentes de médicos, practicantes de acupuntura y

asistentes de cirugia, se pueden presentar en la siguiente dirección para ser investigadas: Texas Medical

Board, Attention: Investigations, 333 Guadalupe, Tower 3, Suite 610, P.O. Box 2018, MC-263, Austin,

Texas 78768-2018, Si necesita ayuda para presentar una queja, llame al: 1-800-201-9353, Para obtener más

información, visite nuestro sitio web en www.tmb.state.tx.us

Utah: You are able to a (i) access, supplement, and amend your patient-provided personal health

information; (ii) contact your provider for subsequent care; (iii) obtain upon request an electronic or hard

copy of your medical record documenting the telemedicine services, including the informed consent

provided; and (iv) request a transfer to another provider of your medical record documenting the

telemedicine services. Utah Admin. Code r. 156-1-602.

Virginia: You acknowledge that you have received details on security measures taken with the use of

telemedicine services, such as encrypting date of service, password protected screen savers, encrypting data

files, or utilizing other reliable authentication techniques, as well as potential risks to privacy

notwithstanding such measures; You agree to hold harmless the Beluga Health for information lost due to

technical failures; and you provide your express consent to forward patient-identifiable information to a third

party. (Virginia Board of Medicine Guidance Document 85-12).

Vermont: You understand that you have the right to receive a consult with a distant-site provider and will

receive one upon request immediately or within a reasonable time after the results of the initial consult.

You have been informed that if you want to register a formal complaint about a provider, you should visit the

medical board’s website, here:

http://www.healthvermont.gov/health-professionals-systems/board-medical-practice/file-complaint;

You have read this document carefully, and understand the risks and benefits of the telehealth

services and have had your questions regarding the services explained and you hereby give your

informed consent to participate in a telehealth consultation under the terms described herein.

By using Beluga Health’s Thelehealth provider services You hereby state that You have read,

understood, and agree to the terms of this Informed ConsentPRIVACY POLICY

FULL PRIVACY POLICY

Version 2

Last Updated: Feb 7, 2025

WE AT BELUGA HEALTH, P .A. (“We”

,

“Us”

, or “Beluga”) VALUE YOUR PRIVACY AND ARE COMMITTED TO

KEEPING YOUR (“You/Your”) PERSONAL DATA CONFIDENTIAL. WE USE YOUR DATA SOLELY IN THE

CONTEXT OF PROVIDING A WEB PORTAL (“WEB PORTAL”) AND VARIOUS RELATED SERVICES DEFINED

BELOW (“SERVICES”) TO SUPPORT THE DELIVERY OF REMOTE CLINICAL CARE AND PRESCRIPTION

SERVICES BY QUALIFIED PHYSICIANS (“PROVIDER USERS”) TO PATIENTS OF BELUGA HEALTH (“PATIENT

USERS”). YOU ARE EITHER A PATIENT USER OR A PROVIDER USER. THE SERVICES INCLUDE, IN ADDITION

TO THE WEB PORTAL, THE FACILITATION OF (1) SECURE INFORMATION COLLECTION, (2) SHORT MESSAGE

SERVICE (“SMS”) AND MULTIMEDIA MESSAGING SERVICE (“MMS”) COMMUNICATIONS BETWEEN

PATIENTS AND PROVIDERS, AND (3) ELECTRONIC PRESCRIBING OF MEDICATIONS.

THIS PRIVACY POLICY APPLIES TO PERSONAL DATA BELUGA COLLECTS FROM USERS OF THE SERVICES.

“PERSONAL DATA” INCLUDES ANY INFORMATION THAT CAN BE USED ON ITS OWN OR WITH OTHER

INFORMATION IN COMBINATION TO IDENTIFY OR CONTACT ONE OF OUR PATIENT OR PROVIDER

USERS. WE BELIEVE THAT TRANSPARENCY ABOUT THE USE OF YOUR PERSONAL INFORMATION IS OF

UTMOST IMPORTANCE. IN THIS PRIVACY POLICY , WE PROVIDE YOU DETAILED INFORMATION ABOUT OUR

COLLECTION, USE, MAINTENANCE, AND DISCLOSURE OF YOUR PERSONAL DATA. THE POLICY EXPLAINS

WHAT KIND OF INFORMATION WE COLLECT, WHEN AND HOW WE MIGHT USE THAT INFORMATION,

HOW WE PROTECT THE INFORMATION, AND YOUR RIGHTS REGARDING YOUR PERSONAL INFORMATION.

SOME OF THE PERSONAL DATA WE COLLECT AND TRANSMIT WILL, IN SOME CIRCUMSTANCES, BE

CONSIDERED “HEALTH DATA” (data related to a Patient User’s physical or mental health) or “Protected

Health Information” (information that relates to the past, present, or future physical or mental health or

condition of a Patient User; the provision of health care to a Patient User; or the past, present, or future

payment for the provision of health care to a Patient User). THEREFORE, OUR PRIVACY PRACTICES ARE

INTENDED TO COMPLY WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (“HIPAA“)

AND WITH STATE LAW RELATED TO HEALTH DATA, WHERE APPLICABLE. FOR ADDITIONAL INFORMATION

RELATED TO YOUR HEALTHCARE INFORMATION, PLEASE CONTACT OUR PRIVACY OFFICER AT

security@belugahealth.com.BY SUBMITTING YOUR PERSONAL DATA THROUGH THIS WEB PORTAL OR THROUGH THE SERVICES,

YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND AGREE TO THE TERMS OF THIS POLICY. IF YOU

DO NOT AGREE, PLEASE DO NOT LOG INTO OR ACCESS THE WEB PORTAL AND DO NOT SUBMIT ANY

PERSONAL DATA TO US.

PLEASE NOTE THAT WE OCCASIONALLY UPDATE THIS PRIVACY POLICY AND THAT IT IS YOUR

RESPONSIBILITY TO STAY UP TO DATE WITH ANY AMENDED VERSIONS. IF WE MODIFY THE PRIVACY

POLICY , WE WILL POST A LINK TO THE MODIFIED TERMS ON THE WEB PORTAL AND WILL ALSO NOTIFY

YOU VIA EMAIL. YOU CAN STORE THIS POLICY AND/OR ANY AMENDED VERSION(S) DIGITALLY , PRINT IT,

OR SAVE IT IN ANY OTHER WAY . ANY CHANGES TO THIS PRIVACY POLICY WILL BE EFFECTIVE

IMMEDIATELY UPON PROVIDING NOTICE, AND SHALL APPLY TO ALL INFORMATION WE MAINTAIN, USE,

AND DISCLOSE. IF YOU CONTINUE TO USE THE SERVICES FOLLOWING SUCH NOTICE, YOU ARE AGREEING

TO THOSE CHANGES.

In case You have any questions or concerns after reading this Privacy Policy, please do not hesitate to

contact Us at admin@belugahealth.com. We appreciate Your feedback. If You do not agree or no longer

agree to the processing of Personal Data as described in this Privacy Policy, You can delete Your account

or request Beluga terminate the processing of your Personal Data by notifying Us by email at

admin@belugahealth.com.

Responsible Entity

Beluga is the controller of Your Personal Data and may process Personal Data in accordance with the

Privacy Policy. If We are processing Personal Data on behalf of a third party that is not an agent or

affiliate of Beluga, the terms of this Privacy Policy do not apply—instead, the terms of that third party’s

privacy policy will apply. You can contact Us with any questions about Our Privacy Policy at

admin@belugahealth.com.

What Personal Data do We collect?

The types of Personal Data We collect are described below.

Demographic Data

We collect demographic information, such as Your name, birth year, gender, phone number, and e­ mail

address. Primarily, the collection of Your Personal Data assists us in creating Your account (“User

Account”) if You are a Provider User, which You can use to securely receive the Services. If You are a

Patient User, the collection of Your Personal Data assists us in securely providing you with the Services.

Payment Data

If you make payments via our Services, We may require that You provide to Us Your financial and billing

information, such as billing name and address, credit card number or bank account information.

For Patient Users: Health Data

In addition to demographic information, We will collect information regarding Your health conditions,

allergies, medical history, symptoms, and communications between You and the Provider User providing

healthcare services to You via the Services. We collect this information to provide You with the Services.Support Data

If You contact Us for support or to lodge a complaint, We may collect technical or other information from

You through log files and other technologies, some of which may qualify as Personal Data. (e.g., Internet

Protocol (“IP”) address). Such information will be used for the purposes of troubleshooting, customer

support, software updates, and improvement of the Services in accordance with this Privacy Policy. Calls

with Beluga may be recorded or monitored for training, quality assurance, customer service, and

reference purposes.

For Provider Users: Device, Telephone, and ISP Data

We use common information-gathering tools, such as log files, cookies, web beacons, and similar

technologies to automatically collect information, which may contain Personal Data, from Your computer

as You navigate Our Services, or interact with emails We have sent You. The information We collect may

include Your IP address (or proxy server), device and application identification numbers, location,

browser type, Internet service provider and/or mobile carrier, the pages and files You viewed, Your

searches, Your operating system and system configuration information, and date/time stamps associated

with Your usage. This information is used to analyze overall trends, to help Us provide and improve Our

Services and to guarantee their security and continued proper functioning.

How will We use Your Personal Data?

We process Your Personal Data for purposes based on legitimate business interests, the fulfillment of

Our Services to You, compliance with Our legal obligations, and/or Your consent. We only use or disclose

Your Personal Data when it is legally mandated or where it is necessary to fulfill the purposes described

herein. Where required by law, We will ask for Your prior consent before using or disclosing Personal

Data.

Specifically, We process Your Personal Data for the following legitimate business purposes:

To provide You with Our Services.

To fulfill Our obligations to You under the Terms of Use (for Provider Users);

To communicate with You about and manage Your User Account (for Provider Users);

To properly store and track Your data within Our system;

To respond to lawful requests from public and government authorities, and to comply with

applicable state/federal law, including cooperation with judicial proceedings or court orders;

To protect Our rights, privacy, safety, or property, and/or that of You or others by providing

proper notices, pursuing available legal remedies, and acting to limit Our damages;

To handle technical support and other requests from You;

To enforce and ensure Your compliance with Our Terms of Use or the terms of any other

applicable services agreement We have with You;

To manage and improve Our operations and the Services, including the development of

additional functionality;

To manage payment processing;

To evaluate the quality of service You receive, identify usage trends, and thereby improve Your

user experience;

To keep Our Services safe and secure for You and for Us;

To send You information about changes to Our terms, conditions, and policies;

To allow Us to pursue available remedies or limit the damages that We may sustain; and

If applicable, to provide access to the authorized Provider User/caregiver (with Your consent), to

enable that individual to monitor Your progress and overall condition and to follow up with You,

as they deem appropriate.

‍

Where is Your Personal Data processed?

Personal Data Beluga collects through the Services will be stored on secure servers in the United States.

Personal Data may be transmitted to third parties, which parties may store or maintain the data on their

secure servers on Our behalf. These third parties are not permitted to transfer Your Personal Data

outside of the United States.

Will We share Your Personal Data with anyone else?

For Patient Users: Yes, with the Provider User with whom You connect via the Services.

We will share information you provide to Us via the Services with the Provider User with whom connect

via the Services. If, at any point, you want to deny access to one or more Provider Users, you can do so

by emailing admin@belugahealth.com.

Yes, with third parties that help us power Our Services

Beluga has a limited number of service providers and other third parties (“Business Partners”) that help

Us run various aspects of Our business. These Business Partners are contractually bound to protect Your

Personal Data and to use it only for the limited purpose(s) for which it is shared with Us. Business

Partners’ use of Personal Data may include, but is not limited to, the provision of services such as data

hosting, IT services, customer service, and payment processing.

Yes, with third parties and the government when legal or enforcement issues arise

We may share Your Personal Data, if reasonable and necessary, to (i) comply with legal processes or

enforceable governmental requests, or as otherwise required by law; (ii) cooperate with third parties in

investigating acts in violation of this Agreement; or (iii) bring legal action against someone who may be

violating the Terms of Use or who may be causing intentional or unintentional injury or interference to

the rights or property of Beluga or any third party, including other users.

Yes, with third parties that provide advisory services

We may share Your Personal Data with Our lawyers, auditors, accountants, or banks when We have a

legitimate business interest in doing so.

Yes, with Payors

We may share Your Personal Data and medical information with payors, including insurance companies

and other reimbursement entities, to facilitate billing, claims processing, and payment for the services

provided. This sharing is conducted in compliance with applicable laws and regulations, such as the

Health Insurance Portability and Accountability Act (HIPAA), to ensure the privacy and security of Your

information. Information shared may include, but is not limited to, medical records, treatment details,

and other data necessary for reimbursement purposes.

Yes, with third parties in the event of a reorganization, merger, sale, joint venture, assignment, transfer,

or other disposition of all or any portion of Beluga’s corporate entity, assets, or stock (including in

connection with any bankruptcy or similar proceedings)If We share Your Personal Data with a third party other than as provided above, You will be notified at

the time of data collection or transfer, and You will have the option of not permitting the transfer.

How long do We retain Personal Data?

We will retain Your Personal Data for as long as You maintain a User Account or use Our Services and for

the amount of time necessary after the account is closed or Services are terminated, in order to fulfil Our

legal obligations. The exact period of retention will depend on the type of Personal Data, Our contractual

obligation to You, and applicable law. We keep Your Personal Data for as long as necessary to fulfill the

purpose for which it was collected, unless otherwise required or necessary pursuant to a legitimate

business purpose outlined herein. At the end of the applicable retention period, We will remove Your

Personal Data from Our databases and will request that Our Business Partners remove Your Personal

Data from their databases. If there is any data that We are unable, for technical reasons, to delete

entirely from Our systems, We will put in place appropriate measures to prevent any further processing

of such data. We retain anonymized data indefinitely.

NOTE: Once We disclose Your Personal Data to third parties, We may not be able to access that Personal

Data any longer and cannot force the deletion or modification of any such information by the parties to

whom We have made those disclosures. Written requests for deletion of Personal Data other than as

described should be directed to admin@belugahealth.com.

For Provider Users: What is Our Cookie Policy?

Cookies are small files that a Web server sends to Your computer or device when You visit a web site that

uses cookies to keep track of Your activity on that site. Cookies hold a small amount of data specific to

that web site, which can later be used to help remember information You enter into the web site (like

Your email or other contact info), preferences selected, and movement within the site. If You return to a

previously visited web site (and Your browser has cookies enabled), the web site sends the small file to

the Web server, which tells it what activity You engaged in the last time You used the web site, and the

server can use the cookie to do things like expedite logging in and retrieving user data and keeping Your

browser session secure.

We use essential cookies to provide user authentication. and other technologies to, among other things,

better serve You with more tailored information, and to facilitate efficient and secure access to the

Services. We only use essential cookies. Essential cookies are those necessary for Us to provide Services

to You.

We may also collect information using pixel tags, Web beacons, clear GIFs or other similar technologies.

These may be used in connection with some Web Portal pages and HTML­ formatted email messages to,

among other things, track the actions of users and email recipients, and compile statistics about usage

and response rates.

For Provider Users: How can You “Opt Out” of Cookies?

If You prefer, You can usually choose to set Your browser to remove cookies and reject cookies. If You

enable a do not track (“DNT”) signal or otherwise configure Your browser to prevent Beluga from

collecting any cookies, You will no longer be able to access the Web Portal.How can You Manage Your Cookies?

Most web browsers let You choose whether to accept cookies. Most also let You delete cookies already

set. The choices available, and the mechanism used, will vary from browser to browser. Such browser

settings are typically found in the “options”

,

“tools” or “preferences” menu. You may also consult the

browser’s “help” menu. For example:

Cookie settings in Internet Explorer

Cookie settings in Firefox

Cookie settings in Chrome

Cookie settings in Safari

There are online tools available for clearing all cookies left behind by the websites you have visited, such

as www.allaboutcookies.org. Usually, deletion of cookies will anonymize the information associated with

the pixel and a website will not receive any further associated information.

How do We protect Your Personal Data?

Beluga is committed to protecting the security and confidentiality of Your Personal Data. We use a

combination of reasonable physical, technical, and administrative security controls to maintain the

security and integrity of Your Personal Data, to protect against any anticipated threats or hazards to the

security or integrity of such information, and to protect against unauthorized access to or use of such

information in Our possession or control that could result in substantial harm or inconvenience to You.

However, Internet data transmissions, whether wired or wireless, cannot be guaranteed to be 100%

secure. As a result, We cannot ensure the security of information You transmit to Us. By using the

Services, You are assuming this risk.

Safeguards

The information collected by Beluga and stored on secure servers, is protected by a combination of

technical, administrative, and physical security safeguards, such as authentication, encryption, backups,

and access controls. If Beluga learns of a security concern, We may attempt to notify You and provide

information on protective steps, if available, through the e­ mail address that You have provided to Us or

the phone number you have provided Depending on where You live, You may have a legal right to receive

such notices in writing.

You are solely responsible for protecting information entered or generated via the Services that is stored

on Your device and/or removable device storage. Beluga has no access to or control over Your device’s

security settings, and it is up to You to implement any device-level

security features and protections You

feel are appropriate (e.g., password protection, encryption, remote wipe capability, etc.). We

recommend that You take any and all appropriate steps to secure any device that You use to access Our

Services.

NOTWITHSTANDING ANY OF THE STEPS TAKEN BY US, IT IS NOT POSSIBLE TO GUARANTEE THE SECURITY

OR INTEGRITY OF DATA TRANSMITTED OVER THE INTERNET. THERE IS NO GUARANTEE THAT YOUR

PERSONAL DATA WILL NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED DESPITE THE

IMPLEMENTATION OF OUR PHYSICAL, TECHNICAL, OR ADMINISTRATIVE SAFEGUARDS. THEREFORE, WE

DO NOT AND CANNOT ENSURE OR WARRANT THE SECURITY OR INTEGRITY OF ANY PERSONAL DATA YOU

TRANSMIT TO US AND YOU TRANSMIT SUCH PERSONAL DATA AT YOUR OWN RISK.

How can You Protect Your Personal Data?

In addition to securing Your device, as discussed above, We will NEVER send You an e­ mail requesting

confidential information such as account numbers, usernames, passwords, or social security numbers,

and You should NEVER respond to any e­ mail requesting such information. If You receive such an e­ mail

purportedly from Beluga, DO NOT RESPOND to the e­ mail and DO NOT click on any links and/or open any

attachments in the e­ mail, and notify Beluga support at admin@belugahealth.com.

For Provider Users: You are responsible for taking reasonable precautions to protect Your user ID,

password, and other User Account information from disclosure to third parties, and You are not

permitted to circumvent the use of required encryption technologies. You should immediately notify

Beluga at admin@belugahealth.com if You know of or suspect any unauthorized use or disclosure of Your

user ID, password, and/or other User Account information, or any other security concern.

Your rights

You have certain rights relating to Your Personal Data, subject to local data protection laws. These rights

may include:

●

to access Your Personal Data held by Us;

●

to erase/delete Your Personal Data, to the extent permitted or required by applicable data

protection laws;

●

to receive communications related to the processing of Your personal data that are concise,

transparent, intelligible, and easily accessible;

●

to restrict the processing of Your Personal Data to the extent permitted by law (while We verify

or investigate Your concerns with this information, for example);

●

to object to the further processing of Your Personal Data, including the right to object to

marketing;

●

to request that Your Personal Data be transferred to a third party, if possible;

●

to receive Your Personal Data in a structured, commonly used, and machine-readable format;

●

to lodge a complaint with a supervisory authority;

●

to rectify inaccurate Personal Data and, taking into account the purpose of processing the

Personal Data, ensure it is complete; and

●

to not be subject to a decision based solely on automated processing, including profiling, which

produces legal effects ("Automated Decision-Making").

Where the processing of Your Personal Data by Beluga is based on consent, You have the right to

withdraw that consent without detriment at any time or to exercise any of the rights listed above by

emailing Beluga at admin@belugahealth.com.

How can You update, correct, or delete Personal Data?

You can change Your e­ mail address and other contact information by contacting

admin@belugahealth.com. If You are a Provider User, and You need to make changes or corrections to

other information, You may change your password within the account settings on the Web Portal

dashboard. Please note that in order to comply with certain requests to limit use of Your Personal Data,

We may need to terminate Your account and/or Your ability to access and use the Services, and You

agree that We will not be liable to You for such termination or for any refunds of prepaid fees paid by

You. You can deactivate Your account or request termination of Services by contacting

admin@belugahealth.com.

Although We will use reasonable efforts to do so, You understand that it may not be technologically

possible to remove from Our systems every record of Your Personal Data. The need to back up Our

systems to protect information from inadvertent loss means a copy of Your Personal Data may exist in a

non­ erasable form that will be difficult or impossible for Us to locate or remove.

Can You “OPT­ OUT” of receiving communications from Us?

We pledge not to market third party services to You without Your consent. We may send e­ mails to You

regarding Your Beluga account and/or services. You can choose to filter these account and services

e­ mails using Your e­ mail client settings or, if you are a Patient User, by emailing

admin@belugahealth.com, but We do not provide an option for You to opt out of these e­ mails.

Third Party Links

Our Sites may offer links to other websites which may have information policies and practices different

from ours. We do not control and are not responsible for the privacy policies, practices, or content of any

third-party websites. We encourage you to review the privacy policies of any third-party website prior to

providing them with your Personal Information.

Information submission by minors

We do not knowingly collect Personal Data from individuals under the age of 18 and the Services are not

directed to individuals under the age of 13. We request that these individuals not provide Personal Data

to Us. If We learn that Personal Data from users less than 18 years of age has been collected, We will

deactivate the account and take reasonable measures to promptly delete such data from Our records. If

You are aware of a user under the age of 13 using the Services, please contact Us at

admin@belugahealth.com.

If You are a resident of California, under the age of 18 and have registered for an account with Us, You

may ask Us to remove content or information that You have posted to Our Services.

California Residents

California residents may request and obtain from Us, once a year, free of charge, a list of third parties, if

any, to which We disclosed their Personal Data for direct marketing purposes during the preceding

calendar year and the categories of Personal Data shared with those third parties. If You are a California

resident and wish to obtain that information, please submit Your request by sending Us an email at

admin@belugahealth.com with “California Privacy Rights” in the subject line.California’s “Shine the Light” law

(Civil Code Section § 1798.83) permits California residents to request

certain information regarding our disclosure of personal information to third parties for their direct

marketing purposes. To make such a request, please send an email to admin@belugahealth.com with

“California Privacy Rights” in the subject line.

Nevada residents

Nevada residents may contact us to inquire about your right to opt out of the sale of your Personal

Information

Contact Us

If You have any questions about this Privacy Policy, please contact Us by email at

admin@belugahealth.com or please write to: Beluga Health, P .A., 1321 Upland Dr., Suite 18399,

Houston, TX, 77043. Please note that email communications are not always secure; so please do not

include sensitive information in Your emails to Us.

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