Emerest Customer Policy

Welcome to Emerest Health LLC (the “Site”). These Terms of Use (“Terms” or “Terms of Use”) form a legal agreement between you, the end user of the Site and Emerest Health LLC d/b/a “Emerest, “we,” or “us”, and related websites, applications, and services licensed from Emerest Health LLC or its affiliates. These Terms govern your access to and use of the Siteincluding but not limited to the use of interactive features, plug-ins, portals, applications, content, downloads and/or other online services (“Service”). These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Site. IF YOU WANT TO ACCESS OR USE THE SERVICE, THEN CAREFULLY READ THESE ENTIRE TERMS (INCLUDING ALL LINKS TO DETAILS AND PORTAL TERMS OF USE), AS THEY CONSTITUTE A WRITTEN AGREEMENT BETWEEN YOU AND US AND THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. EACH TIME YOU ACCESS AND/OR USE THE SERVICE, YOU AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS THEN POSTED. THEREFORE, DO NOT USE THE SERVICE IF YOU DO NOT AGREE. IN THE EVENT OF A VIOLATION OF THESE TERMS, WE RESERVE THE RIGHT TO SEEK ALL REMEDIES AVAILABLE BY LAW AND IN EQUITY.

THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT WITH A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. THE ARBITRATION AGREEMENT REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATIONS OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

If you are accessing and using the Site on behalf of an individual or organization or entity (“IOE”), then you are agreeing to these Terms both individually and on behalf of that IOE. You represent and warrant that you have authority to bind the IOE to these Terms. If so, then “you” and “your” refer to both you and your IOE.

A. Scope of License

Emerest grants you a limited, personal, non-exclusive, non-transferable, revocable right to use the Site, the Service and features provided herein solely in connection with the purposes for which the Site and its features were designed. You agree that all features of the Site may not work well or at all on any particular device or computer.

B. Member Accounts and Logins

These Terms permit you to use the Site for your personal, non-commercial use only. You must not use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except as follows: (1) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, (2) You may store files that are automatically cached by your web browser for display enhancement purposes, and (3) You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution. You must not: (1) Modify copies of any materials from the Site, (2) Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, or (3) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.

C. Information That You Provide

We value the privacy of your information and comply with applicable privacy laws in processing the information you provide us. Our Site may include functionality that permits you to communicate with us or send us information. Whenever you interact with us and provide us information, we may collect that information (including your name, contact information, company name, and technical information provided by your device such as IP address). We may use this information to respond to your request or communication, improve our Site and services, comply with law, create aggregated or statistical data, and for other purposes.

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You also consent to receive electronic communications from us, and you agree that all notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY EMEREST OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records. You may receive notifications, alerts, emails, text messages, or other types of messages regarding the Service. We may also email you promotional or marketing materials. The Privacy Policy governs how we use your contact information and may provide you with additional rights and information. California residents should review the California-specific disclosures and information in the Privacy Policy.

You hereby agree that if you provide your mobile phone number, then you agree that this constitutes your consent to receive SMS text messages relating to our relationship with you, including messages about the services we provide, updates on your account, and other matters. If you provide us the phone number or other contact information of any IOE other than yourself, then you declare that you have permission to provide us that information, and you will indemnify and defend Emerest from all claims, liabilities, losses and expenses (including attorney’s fees) that we suffer or incur as a result. You acknowledge that your wireless or mobile carrier may assess extra charges and fees for use of SMS texting. This section only applies to general visitors to our website and it may not apply to you if we have a separate contractual relationship with you or your organization.

D. User Obligations; Restrictions

You agree to abide by all applicable local, state, national and international laws and regulations with respect to your use of the Site and not interfere with the use and enjoyment of the Site by other users or with Emerest’s operation and management of the Site.

You shall not do any of the following, which are all deemed material breaches of these Terms and of your license to use the Site and Services: (1) distribute or make the Site available over a network where it could be used by multiple devices at the same time; (2) access parts of the Site that you are not authorized to access, or attempt to circumvent restrictions imposed on your use or access of the Site; (3) rent, lease, lend, sell, sublicense, reproduce in whole or part, act as a service bureau, grant rights in the Site, or otherwise redistribute or use our Site or content in a manner that would substitute for the Site and our offerings; (4) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Site, any updates, or any part thereof; (5) intercept, examine or otherwise observe any proprietary communications protocol used by the Site, whether through the use of a network analyzer, packet sniffer or other device; (6) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse routing, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Site or any website, application or service organized or provided by Emerest or existing on any of our network hardware or infrastructure; (7) use the Site to institute, assist, or become involved in any type of attack, including denial of service attacks, upon any party; (8)commit trespass or act in a manner that overburdens the capacity of our networks or servers; (9) use or attempt to use the Site in any manner to harass, abuse, stalk, threaten, defame, harm, or infringe or violate the rights of any other party; (10)provide us sensor data (such as microphone, camera, fitness or other data) that you are not authorized to provide; (11) impersonate any other person or entity when using the Site; or (12)create any apps, extensions or other products or services that use our content without our permission.

Any attempt to do any of the foregoing is a breach of these Terms and will subject you to all remedies available to us, our service providers and our licensors under the law. Without limitation, this may include contract breach, intellectual property infringement, and computer fraud and abuse. If you breach any of these restrictions, you may be subject to prosecution and damages.

E. Third Party Content, Services and Links

The Site may (1) enable your access to websites, platforms or services (including social media platforms) created or provided by third parties, (2) display or otherwise make available content, data, information, applications, advertisements or materials from third parties, and (3) provide hyperlinks to certain third party web sites (“Third Party Materials”). Third Party Materials are provided solely as a convenience to you and you are subject to any specific terms and conditions under which they are provided. Emerest does not create, endorse, sponsor, recommend, suggest, or have any responsibility for any Third Party Materials or any products or services depicted therein. You acknowledge and agree that Emerest is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, language availability, appropriateness, availability or any other aspect of such Third Party Materials or any statements made therein. Be aware of and read all third party terms and privacy policies whenever you leave the Site. EMEREST DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES REGARDING THIRD PARTY MATERIALS. WE DO NOT ENDORSE OR ASSUME ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD PARTY MATERIALS.

Although Emerest does not intend for the Site to contain objectionable content, you understand and acknowledge that by using any of the Site, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Site at your sole risk and that Emerest shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

Emerest shall not be obligated to correct or update the Site or its content, and Emerest shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the Site.

No Medical Advice

The Site does not provide any medical advice or any medical services to you or anyone. Any patient treatment to any Site user is wholly separate from the Site. If you require health services, then please contact your normal health care provider directly for professional evaluation and care. The Site is not a medical app, medical service, or medical device. You acknowledge and agree that the Site is NOT intended to diagnose disease or other conditions; cure, mitigate, treat, or prevent any disease; or affect the structure or any function of the human body. You agree that Emerest has no responsibility for patient care, and that you and your medical provider are solely responsible for medical decision-making and care. Emerest is solely providing the Site as a communication tool for your use and is not providing medical care in any way. You further agree that your clinical judgments are based on your own medical expertise and shall not be determined in any way by the Site or any content contained therein. ALL INFORMATION AVAILABLE FROM THE SITE ON MEDICAL OR HEALTH TOPICS IS PROVIDED “AS IS”, WITH ALL FAULTS AND DEFECTS, AND FOR CONVENIENCE ONLY. You agree to seek and obtain any and all diagnosis and treatment information of any medical condition from your selected physician or another member of your care team.

While we hope that the information provided to you through the Site is accurate, we cannot guarantee that there will be no typographical errors, delays, deletions, alterations, or inaccuracies in the information. If you believe any information associated with your account is inaccurate, please contact us so that we may correct the information.

User Discussion Features

Use of any Site features allowing you to participate in any blogs, threaded discussions, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”) are conditioned on your compliance with any acceptable use policy (“AUP”) that Emerest may publish or link on the Site. Emerest reserves all discretion to determine what content violates its AUP, and such content may be removed without notice or liability to you or anyone else. You hereby grant Emerest a nonexclusive, perpetual, irrevocable, worldwide license to reproduce, publicly display, publicly perform, retransmit, and exploit in any other manner your Contributions, for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Emerest does not need to give you any further right to inspect or approve uses of such content or to compensate you for any such uses. Emerest owns all right, title, and interest in any compilation, collective work or other derivative work created by Emerest using or incorporating content posted to the Site.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change or remove any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms.
• Subject to the absolute restrictions set forth above on the submission of any personally identifiable or protected health information, you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms.
• Your Contributions do not disclose any information that may compromise your personal safety, including your name, phone number, social security number, health information, or any other personally identifying information.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not unlawful, obscene, lewd, lascivious, filthy, violent, threatening, harassing, defamatory, libelous, slanderous, hateful or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten any other person and to promote violence against a specific person, class of people or entity.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Site and legal action by us.

F. Suspension; Termination

Except as may be separately agreed in writing between you and Emerest, Emerest reserves the right to change, suspend, remove, disable or terminate access to the Site at any time without notice, for any or no reason, and with no liability or responsibility to you. Emerest may also impose limits on the use of or access to the Site, in any case and without notice or liability. These Terms and your license to use the Site are effective until terminated by you or Emerest. You may terminate your agreement with these Terms and your obligations hereunder by ceasing all use of the Site. If you fail to comply at all times with these Terms, your license to use the Site will terminate automatically and without any notice from Emerest, and your continued use after termination exposes you to legal liability to Emerest, which Emerest may pursue to the fullest extent permitted by law, including the pursuit of money damages or injunctive relief at our discretion. Upon any termination of the license, you shall cease all use of the Site.

G. Internet Disclaimer

Use of the Internet and the Site is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. Emerest does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Site over the Internet or other communication network.

H. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SITE AND INFORMATION CONTAINED THEREIN ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. EMEREST MAKES NO, AND HEREBY DISCLAIMS ALL, WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO: WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR PERFORMANCE, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, CURRENCY OR COMPLETENESS OF INFORMATION, OF NON‑INFRINGEMENT, OF FUNCTIONALITY, OF AVAILABILITY, OF NETWORK CONNECTIVITY AND TRANSMISSION, OF ABILITY TO ACCESS OR USE THE SITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR‑FREE, THAT DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EMEREST OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY. Certain jurisdictions do not allow the exclusion of certain implied warranties or limitations on applicable statutory rights of a consumer, so certain of the above exclusions and limitations may not apply to you.

I. LIMITATION OF LIABILITY

IN NO EVENT SHALL EMEREST, ITS AFFILIATES, SUBSIDIARIES, PARENT ENTITY(IES), DIRECTORS, TRUSTEES, OFFICERS, EMPLOYEES, PHYSICIANS, STAFF, AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY THE “EMEREST PARTIES”) BE LIABLE FOR PERSONAL INJURY OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR SIMILAR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR SALES, LOSS OR CORRUPTION OF DATA, LOSS OF USE OF YOUR DEVICE, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) AND EVEN IF EMEREST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EMEREST SHALL HAVE NO (ZERO) LIABILITY TO YOU IN CONNECTION WITH YOUR USE OF THE SITE. Certain jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so these limitations may not apply to you.

You agree to indemnify, defend and hold harmless Emerest and the Emerest Parties (defined above) from and against any and all claims, actions, proceedings and suits, and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorney’s fees and other dispute resolution expenses) incurred by any Emerest Party arising out of or relating to your use of the Site or your violation or breach of these Terms.

J. Ownership

The Site and its Contents are licensed and not sold or transferred. Emerest reserves all rights not expressly granted to you by these Terms. The information, text, content, images, videos, data, look and feel, color scheme, logos, and all other material contained on the Site are subject to copyright, patent, trademark and other intangible rights protection. You may not use such material except as part of the Site and in accordance with these Terms. No portion of the Site may be reproduced in any form or by any means, except that you may use sharing features available from within the Site (but only to the extent facilitated by such sharing feature). We do not grant you any other rights to such material.

K. RESOLVING DISPUTES

If a dispute should arise between you and Emerest, we want to provide you with a resolution that is efficient and cost effective. In our experience, almost all customer service disputes can be resolved to your satisfaction by our customer service team, reachable by emailing contact@emerest.com or by calling 718-701-7549.

If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND EMEREST AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.

Agreement to Arbitrate Disputes

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

WE BOTH AGREE TO ARBITRATE: You and Emerest agree to resolve any claims relating to this Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Emerest’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Emerest may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Emerest website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to this Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or (212) 751-2700. To initiate arbitration, you or Emerest must do the following things:

1. Write a demand for Arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
2. Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, 620 8th Ave Fl 34, New York, NY 10018.
3. Send one copy of the Demand for Arbitration to Emerest.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Emerest will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Emerest will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in New York County, New York, or any other location we mutually agree to, subject to New York law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Emerest, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Emerest.

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Emerest in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND EMEREST WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Emerest at contact@emerest.com and providing the requested information as follows: (1) Your Name; (2) the URL of the Terms and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms by signing up for the Terms.

L. Governing Law

The laws of the State of New York (other than rules that would apply the law of other states) govern these Terms and your use of the Site. Your use of the Site may also be subject to other local, state, national, or international laws. The exclusive jurisdiction and venue for any actions that you bring against Emerest relating to your use of the Sites shall be the courts located in or having jurisdiction over New York County in the State of New York. YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL. UNLESS PROHIBITED BY YOUR JURISDICTION, YOU HEREBY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN OR CONSOLIDATE YOUR CLAIMS AGAINST EMEREST WITH THE CLAIMS OF THIRD PARTIES.

M. Amendments

We may make changes to this Privacy Policy from time to time. The most recent version of the policy will govern our use of your information going forward and will be located within our Privacy Policy section. If we make material changes to this policy, we will notify you either by prominently posting a notice of such changes prior to implementing the change or by directly sending you a notification.

N. Legal

DMCA

Requests or notifications such as copyright takedown requests under the DMCA (Digital Millennium Copyright Act) or domain-related complaints under UDRP (Uniform Dispute Resolution Policy) must also be notified to us by writing to contact@emerest.com.

Injunctive and Other Remedies

You acknowledge that any violation of these Terms could result in irreparable harm to Emerest, the damages for which are incalculable. You agree that in the case of such a breach, Emerest shall have every remedy available at law, including immediate injunctive relief.

Waiver

No waiver by Emerest of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Emerest to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd. , Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

Contact

If you have questions or requests regarding these Terms, you may direct them to us by writing to contact@emerest.com or calling our corporate office at 718-701-7549. These Terms may not be copied, modified or adopted without our prior written consent

Effective date: April 30, 2026

This Privacy Policy explains how the following health care and associated Entities (each individually, the “Entity”), each associated with the Emerest Healthcare: Emerest Health LLC, Emerest Health Population Management LLC dba Emerest Connect, Remote Medical P.C. dba Emerest Medical, Emerest Home Care of Connecticut LLC, Emerest Health of Pennsylvania, LLC and Bettercare Home Health Services LLC dba Emerest Health of New Jersey and their affiliates under common control (herein after collectively known as “Emerest,” “we,” “us,” or “our”) collect, use, disclose, and safeguard personal information. It also outlines the rights and choices available to individuals (“you” or “your”) whose information we may process when they interact with our branded digital services. These services include the website www.Emerest.com, as well as related websites, applications, and services provided or licensed by Emerest Technology, LLC or its affiliates that reference or link to this Privacy Policy (collectively, the “Services”). Each Entity listed above enters into this Agreement with you solely on its own behalf. All references herein to Emerest, as applicable, are deemed to refer to each of the Entities in its individual capacity only. For purposes of determining the rights and obligations of each Party hereunder, you and each Entity shall be considered to have entered into an agreement that is separate and apart from any agreement between you and any other Entity. By accessing or using the Services in any manner, you acknowledge that you have read and understood this Privacy Policy and agree to the collection, use, and sharing of your information as described herein. If you do not agree with this Privacy Policy, you may not use the Services. If you are using the Services on behalf of another individual or an entity (such as your employer), you represent and warrant that you are authorized to accept this Privacy Policy on their behalf.

While we strive to manage various privacy laws consistently, some terms, obligations, and rights only apply or may be available to those who live in certain jurisdictions. Use of the term “right” in this Privacy Policy (and any supplements) is not intended to and shall not confer any legal rights or remedies on any person or party, and any such rights or remedies shall only exist to extent expressly provided under applicable law.

This Policy also serves as your Notice of Collection under applicable laws, including the California Consumer Privacy Act (CCPA/CPRA), by describing the categories of personal information we collect, the sources from which we obtain it, the purposes for which we use it, and the categories of third parties to whom it may be disclosed, sold, or shared. Where required, we may also provide additional notices at the point of collection that supplement or reference this policy. California residents: Please click here for supplemental information that may apply to you.

Remember that your use of Emerest’s Services is always subject to our Terms of Use, which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.

You may print a copy of this Privacy Policy by clicking here. If you have a disability, you may access this Privacy Policy in an alternative format by contacting contact@emerest.com.

Privacy Policy Table of Contents

1. What Data We Collect
   1. Categories of Personal Data We Collect
   2. Categories of Sources of Personal Data
   3. Our Commercial or Business Purposes for Collecting Personal Data
2. How We Share Your Personal Data
3. Tracking Tools and Opt-Out
4. Data Security and Retention
5. Personal Data of Children
6. Other State Law Privacy Rights
7. Changes to this Privacy Policy
8. Contact Information

What Data We Collect

This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Services. “Personal Data” may include information that identifies or relates to a particular individual or household and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules or regulations. This Privacy Policy does not cover the practices of companies we don’t own or control or people we don’t manage.

Categories of Personal Data We Collect

This chart details the categories of Personal Data that we may have collected and disclosed for a business purpose to the following categories, as described in the table below:

Category of Personal Data	Examples of Personal Data We Collect	Categories of Third Parties With Whom We Share this Personal Data For Business Purposes:	Current Use of This Data
Personal Identifiers or Contact Data	Name, alias, postal address, email address, account name and number, Social Security number, telephone number, driver’s license number, or other similar identifiers	Service Providers Advertising Partners Analytics Partners Business Partners Affiliates providing operational support Parties You Authorize, Access or Authenticate	Collected Processed Shared*
Online Identifiers	Unique identifiers such as account name and passwords. Other unique personal and online identifiers.	Service Providers Parties You Authorize, Access or Authenticate Affiliates providing operational support	Collected Processed Shared*
Device/IP Data	IP address, Device ID, Domain Server, Type of device/operating system/browser used to access the Services.	Service Providers Advertising Partners Analytics Partners Parties You Authorize, Access or Authenticate Affiliates providing operational support	Collected Processed Shared*
Web Analytics	Browsing or search history, web page interactions, referring webpage/source through which you accessed the Services, non-identifiable request IDs, statistics associated with the interaction between device or browser and the Services.	Service Providers Advertising Partners Analytics Partners Parties You Authorize, Access or Authenticate Affiliates providing operational support	Collected Processed Shared*
Social Network Data	Email, phone number, username, IP address, Device ID.	Service Providers Analytics Partners Parties You Authorize, Access or Authenticate Affiliates providing operational support	Collected Processed Shared*
Consumer Demographic Data	Gender, race, ethnicity, sexual orientation.	Service Providers Business Partners Parties You Authorize, Access or Authenticate Affiliates providing operational support	Not Applicable
Professional or Employment-Related Data	Job title, job history.	Service Providers Analytics Partners Parties You Authorize, Access or Authenticate Affiliates providing operational support	Collected Processed Shared*
Geolocation Data (including, for example, through the mobile app)	IP address-based location information.	Service Providers Analytics Partners Parties You Authorize, Access or Authenticate Affiliates providing operational support	Collected Processed Shared*
Health Data	Medical conditions, weight, health or exercise activity monitoring, or medical insurance information.	Service Providers Affiliates providing operational support	Collected Processed Shared*
Internet/Electronic Activity	IP address, device/browser data, user session activity.	Internal analytics	Collected Processed
Inferences Drawn from Other Personal Data Collected	Profiles reflecting user attributes, behavior, preferences or abilities/aptitudes.	Service Providers Affiliates providing operational support	Collected Processed Shared*

The disclosures provided in the table above are illustrative, not exhaustive, and are intended to reflect the typical scope of our data practices. Additional categories or examples of personal information may be collected or used, depending on how individuals interact with our Services. The table should be read in conjunction with the following important notes and explanatory details:

1. Shared* refers to disclosures made solely to provide our services as requested and directed by the user. These include disclosures to service providers or contractors under written agreement, as well as to other third parties to deliver the requested services. These are not considered “sharing” or “selling” under the CCPA/CPRA. The table marks these with an asterisk (*) for clarity; no listed disclosures involve selling or sharing, as defined by CCPA/CPRA.
2. Information that has been de-identified or anonymized in accordance with applicable laws is no longer considered Personal Data. We may use, share, license, or otherwise process such de-identified data for any lawful purpose, including but not limited to research, analytics, benchmarking, product development, service improvement, business intelligence, marketing insights, or the creation of aggregated datasets. We take reasonable steps to ensure that de-identified data cannot be re-associated with any individual.

Categories of Sources of Personal Data

We collect Personal Data about you from the following categories of sources:

• You
  • When you provide such information directly to us:
    • When you create an account or use our interactive tools and Services.
    • When you voluntarily provide information in free-form text boxes through the Services or through responses to surveys or questionnaires.
    • When you send us an email or otherwise contact us.
  • When you use the Services and such information is collected automatically:
    • Through Cookies (defined in the “Tracking Tools and Opt-Out” section below).
    • If you download our mobile application or use a location-enabled browser, we may receive information about your location and mobile device, as applicable.
    • If you download and install certain applications and software we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Services, such as information regarding when you are logged on and available to receive updates or alert notices.
• Third Parties
  • Service providers and affiliated entities — We may receive or generate Personal Data in collaboration with service providers (e.g., infrastructure, analytics, communications) or operational affiliates under common control who support delivery of our services.
  • Social Networks — If you provide your social network account credentials to us or otherwise sign in to the Services through a third-party site or service, some content and/or information in those accounts may be transmitted into your account with us.
  • Job applications — If you submit a job application through a third-party platform (e.g., Indeed or LinkedIn), we may collect and retain the information you provide for recruiting, business operations, and legal compliance purposes.

Our Commercial or Business Purposes for Collecting Personal Data

• Providing, Customizing and Improving the Services
  • Providing you with the products, services or information you request.
  • Meeting or fulfilling the reason you provided the information to us.
  • Performing operational services (such as hosting, billing, fulfillment, data storage, security, insurance verification, web service analytics) and/or making certain services, features or functionality available.
  • Providing support and assistance for the Services.
  • Improving the Services, including testing, research, internal analytics and product development.
  • Personalizing the Services, website content and communications based on your preferences.
  • Doing fraud protection, security and debugging.
  • Carrying out other business purposes stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws, such as the California Privacy Rights Act of 2020 (the “CPRA”).
• Marketing the Services
  • Marketing and selling the Services.
  • Personalizing experiences and marketing responsibly.
• Corresponding with You
  • Responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about Emerest or the Services.
  • Sending emails and other communications according to your preferences or that display content that we think will interest you.
• Meeting Legal Requirements and Enforcing Legal Terms
  • Fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities.
  • Protecting the rights, property or safety of you, Emerest or another party.
  • Enforcing any agreements with you.
  • Responding to claims that any posting or other content violates third-party rights.
  • Resolving disputes.
  • Maintaining the security, availability and integrity of our systems.

How We Share Your Personal Data

We disclose your Personal Data to the categories of service providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a “sale” of your Personal Data. For more information, please refer to the state-specific sections below.

• Service Providers. We may share information with contractors, cloud infrastructure providers, analytics platforms, and other service providers who assist us in delivering services, operating our website, or supporting our business operations. These parties are required to handle the information in accordance with applicable law and contractual obligations.
• Providing Access. We may provide access to a website feature, facilitating account-based functionality, or processing a job application.
• Advertising Partners. These parties help us market our services and provide you with other offers that may be of interest to you.
• Analytics Partners. These parties provide analytics on web traffic or usage of the Services.

We take reasonable steps to safeguard Personal Data we collect, including through technical, administrative, and physical controls appropriate to the nature of the data and our operations. Some of our third-party service providers also provide services directly to consumers. If you use any consumer-facing applications or services from businesses that collect personal information and also happen to be our service providers, this Privacy Policy will not apply to that information. We encourage you to read the privacy notices of every business to which you provide your personal information.

Third Party Service Providers; Disclosure for a Business Purpose

Our affiliates or third party service providers provide services to us directly or to you on our behalf and that receive your personal information provided by you in request to provide those services. We may share your information with these third parties with your consent or at your request. For example, we run our online platform through a service provider and/or our affiliates that may receive your personal information to help us run our business. When applicable we use a third party payment provider to process your cardholder data or claims data when you utilize the services via application, online or over the phone. We also use an e-mail list to conduct marketing for products and services, which may be shared with third party service providers and/or affiliates that provide us email distribution, digital marketing, and other services. If you interact with social media widgets, share content using social media share buttons or access features of our online services that contain content or features provided by social media platforms, the relevant social media platforms may collect or have access to personal information. (Please review the privacy policies of the social media platforms you interact with as we are not responsible for their privacy policies.). We also use a third party service provider that use information provided by you to perform website analytics that help make intelligent product recommendations for you while you use our site based on the pages and products you view.

SMS and Mobile Communications

Your mobile information will be used by us to communicate directly with you regarding Services you have requested. If you provide your phone number through our website, forms, or other communications with us, you consent to receive SMS text messages from us related to Services, including but not limited to your healthcare services and appointments.

Possible communications may include:

• Appointment confirmations
• Appointment reminders
• Appointment updates
• Responses to your inquiries

Message frequency may vary. Message and data rates may apply depending on your mobile carrier plan.

You may opt out of receiving SMS messages at any time by replying with the following to any SMS text you receive from us:

STOP

For help, reply:

HELP

or contact us at contact@emerest.com

Legal Obligations

We may share any Personal Data that we collect with third parties in conjunction with any of the activities set forth under “Meeting Legal Requirements and Enforcing Legal Terms” in the “Our Commercial or Business Purposes for Collecting Personal Data” section above.

Business Transfers

All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.

Data that is Not Personal Data

We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and share it with third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not share such data in a manner that could identify you.

Emerest is not acting as a Business Associate; Personal Data that you provide is not PHI or subject to HIPAA. To provide just a few examples, information provided by you is not subject to HIPAA when you (i) create an account, (ii) search for healthcare providers, (iii) complete general request forms (“General Request Forms”), (iv) post reviews, or (v) provide device/IP information or web analytics information by browsing our websites.

Tracking Tools and Opt-Out

We and certain third-party partners use cookies, pixel tags, and similar tracking technologies to collect information about how visitors interact with our website. These technologies help us improve site functionality, analyze traffic patterns, understand engagement with content, and support our advertising and marketing efforts.

Cookies are small data files stored on your device that can retain information such as a user identifier, session state, or preferences. While cookies cannot access files or data stored on your hard drive or interact with cookies set by other websites, they may be used to associate browser or device activity over time. Pixel tags (sometimes called web beacons) are small pieces of code that can track certain actions on web pages or emails, such as whether a user viewed or clicked specific content.

Some parts of our website use first-party cookies to help us assess how useful our content is, how visitors navigate through our site, and how we can improve the user experience. In addition, we may allow third-party advertising networks, analytics services, or marketing partners to place cookies or similar tracking technologies on your device when you visit our website. These third parties may use information about your visits to our site and other websites to deliver personalized ads or measure the effectiveness of their campaigns. While we do not receive access to the information contained in these third-party cookies, we may use the services of these partners to advertise our own services based on aggregated or inferred user behavior. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own cookies on your device(s).

You may be able to manage or restrict the use of cookies and similar technologies through your browser settings, which could allow you to block cookies entirely, be notified when cookies are set, or delete existing cookies. Please note that disabling cookies may impact the functionality of certain features or pages. To learn more about interest-based advertising or to opt out of third-party tracking by participating advertising networks, you may visit the Digital Advertising Alliance (DAA) or the Network Advertising Initiative (NAI).

By continuing to use our Services, you consent to the use of cookies and tracking technologies as described above. We do not guarantee that browser-level controls or third-party opt-out tools will block all tracking activity, and we disclaim responsibility for the functionality or effectiveness of those tools.

Some web browsers and extensions offer a “Do Not Track” (DNT) setting or Global Privacy Control (GPC) signal intended to indicate a user’s preference not to be tracked across websites. At this time, there is no universally accepted standard for interpreting DNT or GPC signals, and our website does not currently respond to them.

To reduce or block tracking technologies, you may use private browsing modes (such as “Incognito” or “Private” windows), adjust your browser settings, or use third-party tools to manage cookies and trackers. However, your browser provider or third-party services may still collect information independently, and we do not control that activity.

Data Security and Retention

Protecting your information is a priority for us. We use technology to protect the security of information you transmit to us through a web browser. For example, the Services use industry standard Secure Sockets Layer (SSL) technology to allow for the encryption of personal data. However, because of the inherent nature of the Internet, we cannot guarantee that data you exchange with us will always remain completely secure. Third parties and bad actors may intercept or access transmissions or private communications unlawfully. While we strive to protect your personal information, neither Emerest nor any of our service providers can ensure or warrant the security of any information you transmit to us over the internet. Any such transmission is done at your own risk. We cannot and do not guarantee the complete security of any data you share with us, and except as expressly required by law, we are not responsible for the theft, destruction, loss or inadvertent disclosure of your information or content.

For certain features or sections of our website, you may be required to register an account and select a password. Your Emerest account will be accessible to anyone who has your login credentials. You are solely responsible for maintaining the confidentiality and security of your username and password, and for any activity conducted under your account. Emerest is not responsible for unauthorized access resulting from your failure to safeguard your credentials. We encourage you to take precautions to protect your personal information while online, including regularly updating your passwords, using complex combinations of letters and numbers, and ensuring your browser and operating system are up to date.

We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you with our Services. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.

Personal Data of Children

As noted in the Terms of Use, we do not knowingly collect or solicit Personal Data about children under 13 years of age; if you are a child under the age of 13, please do not attempt to register for or otherwise use the Services or send us any Personal Data. If we learn we have collected Personal Data from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided Personal Data to us, please contact us at contact@emerest.com.

State Law Privacy Rights

California Privacy Disclosures and Rights Granted to California Residents

This section applies only to individuals who are residents of California.

If you are a resident of California, you have the following rights concerning your personal information over the past 12 months, including the following:

• Right to be informed about (1) the categories of personal information we have collected; (2) the categories of sources from which it was collected; (3) the purposes for collecting, selling, or sharing the information; (4) the categories of third parties to whom personal information was disclosed; and (5) in certain cases, the specific pieces of personal information we have collected about you.
• Right to request deletion of your data.
• Right to correct inaccurate personal information.
• Right to know to whom we’ve sold or disclosed your data.
• Right to opt out of the sale of your data.
• Right against discrimination if you do not provide us your data, unless the goods and services we provide you are related to the value of the data you provide us.

Exercising Your Rights. As a California resident, you may exercise your privacy rights, request access to or correction of the personal information we have collected about you, or contact us for more information about our privacy practices using any of the following methods:

• Call us toll-free at 800-966-4885 during regular east coast business hours.
• Email us at contact@emerest.com with your request with the words “California Privacy Rights” in the subject line.
• Send us postal mail to: 6323 14th Ave, Brooklyn, NY 11219.

Verification Process. You may submit your California rights requests using any of the methods listed above. For certain requests, California law requires us to verify the identity and authority of the individual making the request to protect your privacy and personal information. Depending on the nature and sensitivity of the request, we may ask you to provide two or more pieces of information that match data already in our records before we can process the request.

Authorized Agent. If you wish to submit a California rights request through an authorized agent, you may do so by designating the agent in writing and contacting us through any of the methods listed above. To help us verify and process the request, please provide the following information:

• Your full name and date of birth.
• Your current address and telephone number.
• The name of the authorized agent.
• Whether the requested information should be delivered to you or to the agent, along with appropriate delivery instructions.
• The specific types of requests you are authorizing the agent to make (e.g., Request to Know, Request to Delete, or Request to Opt-Out of Sale or Sharing).
• Your signature and the date of authorization.

If any required information is missing or cannot be verified, we may request additional documentation before processing the request. We may also ask for further verification depending on the nature or sensitivity of the request, in accordance with applicable law.

No Sale of Minor Information. Emerest does not have actual knowledge of any sale of the personal information of consumers under 16 years of age.

Third Party Marketing. Under California law, users of Emerest who are residents of California may request certain information about our disclosure of personal information during the prior calendar year to third parties for their direct marketing purposes. During the last 12 months, we may have used the personal information we collect for the following business or commercial purposes:

• Performing services, including maintaining or servicing accounts, providing user service, processing or fulfilling requests and transactions, verifying user information, processing payments, providing financing services, providing analytics services, providing storage or providing similar services.
• Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance.
• Short-term, transient use, including, but not limited to, non-personalized advertising shown as part of your current interaction with us.
• Helping to ensure security and integrity to the extent the use of your personal information is reasonably necessary and proportionate for these purposes.
• Debugging to identify and repair errors that impair existing intended functionality.
• Undertaking internal research for technological development and demonstration.
• Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.

Additional State Resident Rights

We include this section for residents of other U.S. states with privacy laws that may impact them. These privacy laws include the Virginia Consumer Data Privacy Act (“VCDPA”), the Connecticut Data Privacy Act (“CTDPA”), the Utah Consumer Privacy Act (“UCPA”), the Colorado Privacy Act (“CPA”), and the Nevada Privacy Law (“NPL”). This section is intended to comply with these laws by supplementing the information provided elsewhere in the Privacy Policy.

Collection of personal information. Emerest may collect the Personal Data described in the section above titled Categories of Personal Data We Collect and as categorized in the table within such section. Please note that some of this Personal Data will be considered sensitive under your state’s legal definition which can vary across different states. The Personal Data we may collect depending on how you use our Services includes mental or physical health information, racial or ethnic origin, and information about sexual orientation or gender identity.

Use of Personal Data. Emerest may collect, use, or disclose personal information about U.S. state residents for purposes listed in the section above titled Our Commercial or Business Purposes of our Privacy Policy. We use sensitive personal information for the same purposes except for personalizing ads.

Disclosure of personal information. We may disclose your personal information to the categories of service providers and third parties identified in the section above titled How We Share Your Personal Data of this Privacy Policy, and in ways that are described in that section.

Your privacy rights. We generally provide the privacy rights described in this Privacy Policy to you regardless of your location. Your state may afford you additional privacy rights as noted below. To exercise your right, see the contact information below or follow the instructions below for specific state rights. We will respond to your verifiable request within the time limit afforded under applicable law. Exceptions may still apply.

• Residents of Colorado, Connecticut, Virginia, and Utah have the right to opt out of targeted advertising and sales.
• For users in Colorado, Connecticut and Virginia, you may opt out of profiling in furtherance of decisions that produce legal or similarly significant effects. While you may still make this request, Emerest does not currently use profiling in this manner.
• Nevada provides its residents a limited right to opt out of the sale of personal information. Please know that we do not trigger this requirement because we do not sell your personal information for payment.

Changes to this Privacy Policy

We may update this Privacy Policy from time to time at our sole discretion or as required by law. We encourage you to review this page periodically to stay informed about our data practices. If we make material changes to how we collect, use, or share your personal information, we may also notify you through additional means, such as email or a notice on the website. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

Accessing our website from outside the U.S.

If you are visiting www.Emerest.com from a location outside the United States, you will be connected through and to servers located within the United States. We currently accept online requests only from users in the United States. By providing your information to us, you agree that all personal information will be used in accordance with this privacy policy and pursuant to U.S. law.

Contact Information

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data or your choices and rights regarding such collection and use, please do not hesitate to contact us at:

• Phone: 718-701-7549
• Website: www.emerest.com
• Email: contact@emerest.com
• Mailing Address: 6323 14th Ave, Brooklyn, NY 11219

THIS JOINT NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

INTRODUCTION

This Joint Notice is being provided to you on behalf of Emerest Health LLC. and the employees and practitioners that work at the Practice with respect to services provided at the Practice (collectively referred to herein as “We” or “Our”). We understand that your medical information is private and confidential. Further, we are required by law to maintain the privacy of “protected health information. ” (or “PHI”) which includes any individually identifiable information that we obtain from you or others that relates to your past, present or future physical or mental health, the health care you have received, or payment for your health care. We will share PHI with one another, as necessary, to carry out treatment, payment or health care operations relating to the services to be rendered at the Practice.

As required by law, this notice provides you with information about your rights and our duties and privacy practices with respect to the privacy of PHI. This notice also discusses the uses and disclosures we will make of your PHI. We must comply with the provisions of this Notice as currently in effect, although we reserve the right to change the terms of this Notice from time to time. You can always request a written copy of our most current privacy notice by emailing us at contact@emerest.com.

PERMITTED USES AND DISCLOSURES

We can use or disclose your PHI for purposes oftreatment, payment and health care operations, which we describe below with some examples.

• Treatment means the provision, coordination or management of your health care, including consultations and referrals between health care providers relating to your care. For example, a doctor treating you for a broken leg may need to know if you have diabetes because diabetes may slow the healing process. In addition, the doctor may need to contact a physical therapist to create the exercise regimen appropriate for your treatment.
• Payment means our activities to obtain reimbursement for the health care provided to you, including billing, collections, claims management, determinations of eligibility and coverage, and other utilization review activities. For example, we may need to provide PHI to your Third Party Payor to determine whether the proposed course of treatment will be covered or if necessary to obtain payment.
• Health care operations means the support functions of the Practice, related to treatment and payment, such as quality assurance activities, case management, responding to comments and complaints, compliance programs, audits, business planning, development, and administrative activities. For example, we may use your PHI to evaluate the performance of our staff when caring for you. We may also combine PHI about many patients to decide what additional services we should offer, what services are not needed, and whether certain new treatments are effective. We may also disclose PHI for review and learning purposes. In addition, we may remove information that identifies you so that others can use the de-identified information to study health care and health care delivery without learning who you are.

OTHER USES AND DISCLOSURES OF PHI

We may also use your PHI in the following ways:

• To provide appointment reminders for treatment or medical care.
• To tell you about or recommend possible treatment alternatives or other health-related benefits and services.
• To your family or friends or any other individual identified by you to the extent directly related to such person’s involvement in your care or the payment for your care. We may use or disclose your PHI to notify, or assist in the notification of, a family member, or another person responsible for your care, of your location or general condition. If you are available, we will give you an opportunity to object to these disclosures, and we will not make these disclosures if you object. If you are not available, we will determine whether a disclosure to your family or friends is in your best interest, based upon our professional judgment.
• When permitted by law, we may coordinate our uses and disclosures of PHI with public or private entities authorized by law or by charter to assist in disaster relief efforts.
• We will allow your family and friends to act on your behalf to pick-up filled prescriptions, medical supplies, X-rays, and similar forms of PHI, when we determine, in our professional judgment, that it is in your best interest to make such disclosures.
• We may use or disclose your PHI for research purposes, subject to the requirements of applicable law. For example, a research project may involve comparisons of the health and recovery of all patients who received a particular medication. When required, we will obtain a written authorization from you prior to using your health information for research.
• We will use or disclose PHI about you when required to do so by applicable law.
• In accordance with applicable law, we may disclose your PHI to your employer if we are retained to conduct an evaluation relating to medical surveillance of your workplace or to evaluate whether you have a work-related illness or injury. You will be notified of these disclosures by your employer or the Practice as required by applicable law.

Note: incidental uses and disclosures of PHI sometimes occur and are not considered to be a violation of your rights. Incidental uses and disclosures are by-products of otherwise permitted uses or disclosures which are limited in nature and cannot be reasonably prevented.

SPECIAL SITUATIONS

Subject to the requirements of applicable law, we will make the following uses and disclosures of your PHI:

• Organ and Tissue Donation. If you are an organ donor, we may release PHI to organ procurement or transplant agencies as necessary to facilitate organ or tissue donation and transplantation.
• Military and Veterans. If you are a member of the Armed Forces, we may release PHI about you as required by military command authorities.
• Worker’s Compensation. We may release PHI for programs that provide benefits for work-related injuries or illnesses.
• Public Health Activities. We may disclose PHI about you for public health activities, including disclosures:
  • To prevent or control disease, injury, or disability;
  • To report births and deaths;
  • To report child abuse or neglect;
  • To persons subject to the jurisdiction of the Food and Drug Administration (FDA) for activities related to FDA-regulated products or services and to report reactions to medications or problems with products;
  • To notify a person who may have been exposed and may be at risk of a disease.

• Health Oversight Activities. We may disclose PHI to federal or state agencies that oversee our activities (e. g. , providing health care, seeking payment, and civil rights).
• Lawsuits and Disputes. If you are involved in a lawsuit or a dispute, we may disclose PHI subject to certain limitations.
• Law Enforcement. We may release PHI if asked to do so by a law enforcement official:
  • In response to a court order, warrant, or summons;
  • To identify or locate a suspect, fugitive, material witness, or missing person;
  • About the victim of a crime under certain limited circumstances;
  • About a death we believe may be the result of criminal conduct;
  • About criminal conduct on our premises; or
  • In emergency circumstances, to report a crime.

• Coroners, Medical Examiners and Funeral Directors. We may release PHI to a coroner, medical examiner, or funeral director as necessary to carry out their duties.
• National Security and Intelligence Activities. We may release PHI about you to authorized federal officials for intelligence, counterintelligence, and other national security activities authorized by law for the protection of the President or foreign heads of state.
• Inmates. If you are an inmate of a correctional institution or under the custody of a law enforcement official, we may release PHI about you to the correctional institution or law enforcement official. This release would be necessary:
  • To provide you with health care;
  • To protect your, and others’, health and safety; or
  • For the safety and security of the correctional institution.

• Serious Threats. As permitted by applicable law and standards of ethical conduct, we may use and disclose PHI if we, in good faith, believe that the use or disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public or is necessary for law enforcement authorities to identify or apprehend an individual.

Note: HIV‑related information, genetic information, alcohol and/or substance abuse records, mental health records and other specially protected health information may enjoy certain special confidentiality protections under applicable state and federal law. Any disclosures of these types of records will be subject to these special protections.

OTHER USES OF YOUR HEALTH INFORMATION

Certain uses and disclosures of PHI will be made only with your written authorization, including uses and/or disclosures: (a) of psychotherapy notes (where appropriate); (b) for marketing; and (c) that constitute a sale of PHI under the Privacy Rule. Other uses and disclosures of PHI not covered by this notice or the laws that apply to us will be made only with your written authorization. You have the right to revoke that authorization at any time, provided that the revocation is in writing, except to the extent that we already have taken action in reliance on your authorization.

YOUR RIGHTS

1. You have the right to request restrictions on our uses and disclosures of PHI for treatment, payment and health care operations. We are not required to agree to your request unless the disclosure is to a health plan in order to receive payment, the PHI pertains solely to health care items or services for which you have paid the bill in full, and the disclosure is not otherwise required by law. To request a restriction, you may make your request in writing to the Privacy Officer.
2. You have the right to reasonably request to receive confidential communications of your PHI by alternative means or at alternative locations. To make such a request, you may submit your request in writing to the Privacy Officer.
3. You have the right to inspect and copy the PHI contained in our Practice records. In certain limited circumstances we may be permitted to deny your request without an opportunity to appeal and we will inform you of the basis for such denial. In order to inspect or obtain a copy your PHI, you may submit your request in writing to the Medical Records Custodian. If you request a copy, we may charge you a fee for the costs of copying and mailing your records, as well as other costs associated with your request.

We may also deny a request for access to PHI under certain circumstances if there is a potential for harm to yourself or others. If we deny a request for access for this purpose, you have the right to have our denial reviewed in accordance with the requirements of applicable law.

4. You have the right to request an amendment to your PHI but we may deny your request for amendment,. In any event, any agreed upon amendment will be included as an addition to, and not a replacement of, already existing records. In order to request an amendment to your PHI, you must submit your request in writing to Medical Record Custodian at our Practice, along with a description of the reason for your request.

5. You have the right to receive an accounting of disclosures of PHI made by us to individuals or entities other than to you for the six years prior to your request, except for certain disclosures precluded by law. To request an accounting of disclosures of your PHI, you must submit your request in writing to the Privacy Officer at our Practice.

6. You have the right to receive a notification, in the event that there is a breach of your unsecured PHI, which requires notification under the Privacy Rule.

COMPLAINTS

If you believe that your privacy rights have been violated, you should immediately contact us by emailing contact@emerest.com. We will not take action against you for filing a complaint. You also may file a complaint with the Secretary of the U. S. Department of Health and Human Services.

CONTACT PERSON

If you have any questions or would like further information about this notice, please email us at contact@emerest.com.

This notice is effective as of July 28, 2023