These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by AZOVA Inc, (“Azova”), including the www.AZOVA.co and www.azovahealth.com and www.AZOVAShop.com websites (collectively, the “Sites”) and the services available to users through the Sites (“Services”). Your compliance with these Terms of Use is a condition to your use of the Sites. If you do not agree to be bound by the Terms of Use, promptly exit this Site. Please also consult our Notice of Privacy Practices for a description of our privacy practices and policies, including how we collect and handle your personal health information and financial information.

1.OWNERSHIP OF THE SITE
All pages within this Site and any material made available for download are the property of AZOVA, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws. The Contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by AZOVA. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of AZOVA without our express written consent.

2.ELECTRONIC SIGNATURES
You consent to receive communications from us electronically. You agree that all agreements can be entered into and signed electronically in accordance with applicable law, and all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notice or other communications be in writing.

3.ELECTRONIC COMMUNICATIONS
When you use any AZOVA Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on this site or through the other AZOVA Services, such as our Message Center. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

4.SITE ACCESS,SECURITY AND RESTRICTIONS;PASSWORDS
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. If you are under 18, you may use the AZOVA Services only with involvement of a parent or guardian. You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. AZOVA will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by AZOVA. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by AZOVA at any time with or without cause. You agree to defend, indemnify and hold AZOVA harmless from and against all third party claims, damages and expenses (including reasonable attorneys fees) against or incurred by AZOVA arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site using your user ID and password. AZOVA allows parents or legal guardians to set up and manage accounts on behalf of their children who are under the age of 18. If you are under the age of 18 you must have a parent or legal guardian set up and manage the account on your behalf. We will not knowingly collect personal information directly from a child under the age of 18. If we learn that we have collected personal information directly from a child under the age of 18, we will promptly delete that information. If you believe we have collected personal information directly from a child under the age of 18,please email us privacy@azova.co.

5.NO MEDICAL ADVICE OR SERVICES
THE CONTENT OF THE SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS, IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEATH CARE PROFESSIONALS WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS AND ANY MEDICAL CONDITIONS. In the event that you are not satisfied with the SERVICES delivered by one of your healthcare provider, you can securely message your healthcare provider and discuss this with him or her. AZOVA does not answer any questions regarding SERVICES delivered by any healthcare provider on the SITE. ALL INFORMATION PROVIDED BY AZOVA IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY. THE SITE AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION APPEARING ON THE SITE, WHETHER PROVIDED BY AZOVA, CONTENT PROVIDERS, MEDICAL PROFESSIONALS, CLIENTS, VISITORS TO THE SITE OR OTHERS, IS SOLELY AT YOUR OWN RISK. AZOVA IS A COMMUNICATIONS TOOL FOR USER INTERACTIONS WITH PROVIDERS. AZOVA DOES NOT PROVIDE MEDICAL SERVICES. ANY DOCTOR-PATIENT RELATIONSHIP IS BETWEEN YOU AND THE HEALTHCARE PROVIDER YOU SELECT. ALL HEALTHCARE PROVIDERS IDENTIFIED OR ACCESSIBLE ON THE SITE ARE INDEPENDENT PROVIDERS AND ARE NOT EMPLOYED BY OR AFFILIATED WITH AZOVA.

6.PROFESSIONALS AND PROVIDERS
AZOVA does not provide any physicians’ or other providers’ services itself. Nor does AZOVA provide, make available, or fulfill prescriptions. All of the providers are independent of AZOVA and are merely using the Services as a way to communicate with you. Any information or advice received from a provider comes from them alone, and not from AZOVA. Your interactions with the providers via the Services are not intended to take the place of your relationship with your regular health care practitioners. Neither AZOVA, nor any of its subsidiaries or affiliates or any third party who may promote the Services or provide a link to the Services, shall be liable for any professional advice obtained from a health care provider via the Services nor any information obtained on the website. AZOVA does not recommend or endorse any specific tests, physicians, medications, products or procedures. You acknowledge that your reliance on any healthcare providers or information provided by the providers via the Services is solely at your own risk and you assume full responsibility for all risk associated herewith. AZOVA does not make any representations or warranties about the training or skill of any healthcare providers who offer or provide you with services via the Services. You are ultimately responsible for choosing your particular healthcare provider.

7.LICENSE AND ACCESS
Subject to your compliance with these Terms of Use and your payment of any applicable fees, AZOVA or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the AZOVA Services. This license does not include any resale or commercial use of any AZOVA Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any AZOVA Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by AZOVA or its licensors, suppliers, publishers, rightsholders, or other content providers. No AZOVA Service, nor any part of any AZOVA Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AZOVA. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AZOVA without express written consent. You may not use any meta tags or any other "hidden text" utilizing AZOVA's name or trademarks without the express written consent of AZOVA. You may not misuse the AZOVA Services. You may use the AZOVA Services only as permitted by law. Your right to access the Site and Services, and the licenses granted by AZOVA may be terminated by AZOVA if you do not comply with these Terms of Use.

8.TERMINATION BY YOU
If you desire to terminate your account, please send an e-mail message to request account closure to cancel@azova.com. Once your account has been terminated, you will no longer have access to any of the information on your AZOVA account. AZOVA will not be able to restore access to this account or to any of the information contained in it.

9.ACCURACY AND INTEGRITY OF INFORMATION
Although AZOVA attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform AZOVA so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, AZOVA shall have no responsibility or liability for information or Content posted to the Site from any non-AZOVA affiliated third party.

10.TYPOGRAPHICAL ERRORS AND INCORRECT PRICING
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit or debit card account in the amount of the incorrect price.

11.ORDER ACCEPTANCE
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped (except for orders, including pre-orders, paid for with a gift card or PayPal account which are charged at the time you place your order, not when your order is shipped). Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.

12. ONLINE PAYMENTS

You can purchase products and/or services on the Site. If you purchase products or services directly from healthcare providers or through healthcare providers’ websites, the healthcare providers’ terms and conditions shall apply. If you purchase products or services directly from a healthcare provider and want a refund for the services delivered, you must contact the healthcare provider from whom you purchased the services. AZOVA cannot issue refunds for services or products purchased directly from any healthcare provider. We accept credit and debit cards issued by U.S. banks. If a credit card account is being used for a transaction, AZOVA may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.

You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

13.RISK OF LOSS
All products purchased from AZOVA are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

14.RETURNS, REFUNDS AND TITLE
AZOVA does not take title to returned items until the item arrives at our fulfillment center or one of our vendor partner’s fulfillment centers. At our discretion, a refund may be issued without requiring a return. In this situation, AZOVA does not take title to the refunded item.

15.EXPORT POLICY AND RESTRICTIONS
You acknowledge that the products and Content which are sold or licensed on the Site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations - including, but not limited to the Export Administration Act and the Arms Export Control Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By purchasing any products, you agree that you will not use any products, or provide products to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury. U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless AZOVA from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.

16.LINKS TO OTHER SITES
AZOVA makes no representations whatsoever about any other website that you may access through this Site. When you access a non-AZOVA site, please understand that it is independent from AZOVA, and that AZOVA has no control over the Content on that website. In addition, a link to a non-AZOVA website does not mean that AZOVA endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

17.USER GENERATED CONTENT, REVIEWS, FEEDBACK AND OTHER POSTINGS TO THE SITE
If you submit, upload or post any comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to AZOVA that you have the legal right and authorization to provide all User Generated Content to AZOVA for the purposes and AZOVA’s use as set forth herein. AZOVA shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content however AZOVA desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. AZOVA is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content. AZOVA does not regularly review posted User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Site. You grant AZOVA the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. AZOVA and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party. You agree to defend, indemnify and hold AZOVA harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by AZOVA arising out of any User Generated Content you post or allow to be posted to the Site.

18. CLAIMS OF COPYRIGHT INFRINGEMENT

We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

AZOVA respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA“), we will respond promptly to notices of alleged infringement that are reported to AZOVA Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Site

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements.

1. Identify the copyrighted works that you claim have been infringed.

2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.

3. Provide your mailing address, telephone number, and, if available, email address.

4. Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to our Copyright Agent:

Copyright Manager

144 S. Main St. Alpine, UT 84004

copyright@azova.com

19. DISCLAIMER OF WARRANTIES

AZOVA does not warrant that access to or use of the site will be uninterrupted or error-free or that defects in the Site will be corrected. This Site, including any content or information contained within it or any Site-related service, is provided “as is,” with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, and title/non-infringement. AZOVA does not warrant the accuracy, completeness or timeliness of the information obtained through the site.

You assume total responsibility and risk for your use of this Site, Site-related Services, and linked websites. AZOVA does not warrant that files available for download will be free of viruses, worms, trojan horses or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data back up and security.

Warranties relating to products or services offered, sold and distributed by AZOVA are subject to separate warranty Terms and Conditions, if any, provided with or in connection with the applicable products or Services.

20.LIMITATION OF LIABILITY REGARDING USE OF SITE

AZOVA and any third parties mentioned on this Site are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the Site, Site-related Services, content or information contained within the Site, and/or any linked website, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Site, Site-related Services, and/or linked websites is to stop using the Site and/or those Services. To the extent any aspects of the foregoing limitations of liability are not enforceable, the maximum liability of AZOVA to you with respect to your use of this Site is $500 (five hundred dollars).

21.REVISIONS:GENERAL
AZOVA reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between AZOVA and you pertaining to the subject matter hereof. In its sole discretion, AZOVA may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

22. Regulatory Notices
For informational purposes only, a link to the federal Centers for Medicare and Medicaid Services (CMS) Open Payments web page is provided here. The federal Physician Payments Sunshine Act requires that detailed information about payment and other payments of value worth over ten dollars ($10) from manufacturers of drugs, medical devices, and biologics to physicians and teaching hospital be made available to the public. You may search this federal database for payments made to physicians and teaching hospitals by visiting this website: Home | Open Payments Data - CMS

AZOVA, INC. (“we”, “us”, “our” or “Company”) operates the AZOVA.com, AZOVA.co, www.azovahealth.com and www.vaxigo.com websites (“Sites”) and the AZOVA and Vaxigo mobile device applications and provides a platform for healthcare professionals and pharmacists to build digital health businesses, including telemedicine clinics and other digital clinics and to conduct e-commerce transactions and a platform for patients to obtain in-office, e-visit, house call, mobile or onsite clinic consultations from any healthcare professional or pharmacist, and to access laboratory, vaccination, imaging center or other medical products and services and to upload, request and share health information.

This Privacy Policy applies to your use of the mobile device application (the “App”) and the Vaxigo mobile device application and related websites located at www.azovahealth.com/privacy-policy/(including the mobile-optimized versions of such website, the “Site”) owned by AZOVA, Inc, collectively known as the “Services”. The Apps and the Sites are referred to together as the “Application”. 'You' refers to any user of the Application, including individuals who use the Application to access healthcare related appointments, secure messaging, and to track medication or health-related compliance and healthcare providers and pharmacists who use the Application to offer appointment based scheduling for in office visits, e-visits, house calls, mobile clinics and to secure message, to share Personal Health Information, and to monitor compliance of users under their supervision and to "Health Helpers" (described below). If you do not agree to the terms of this Privacy Policy, including with respect to (a) the collection and processing of Health Information (as defined below), (b) the collection and processing of your geo-location data, (c) our cookies policy, (d) cross-border transfer of data and (e) California privacy rights, and (f) marketing, please do not click “Get Started” or “Signup” and do not use the Application.

We have the highest regard for your privacy and personal information and realize that the success of our service depends on the trust that users have in the way we handle their personal information. This policy sets out our commitments and explains the rights that you have with respect to your personal information.

1. INFORMATION COLLECTION AND USE
AZOVA respects your right to privacy. While you may use some of the functionality of the Site without registration, use of the App and certain tools of the Site require registration. If you use our Site without registering, we only collect information through the use of cookies, web beacons, and navigational data collection. While we cannot directly identify you, in some jurisdictions, this information is still subject to applicable data protection laws and requires your consent to our cookies policy as described below. If you choose to register with us, you will be asked to provide Personal Information (as defined below) and may also be asked to input personal Health Information. It is your voluntary decision whether to provide us with any such Personal Information or Health Information, but if you refuse to provide such information we may not be able to register you to use the Application or your use of the Application may be limited.

2. COLLECTING AND USING YOUR INFORMATION
Collecting and Using Your Personal Information and Health Information (Actively Provided Information)
Whenever you submit information via our App or Site, or otherwise in connection with your use of the Application, including, but not limited to, by telephone or email with customer service, you consent to the collection and processing of your Health Information and geo-location data and other personal information you provide to us, our cookies policy, cross-border transfer of data, and the use of your data for marketing purposes, all in accordance with this Privacy Policy. AZOVA respects your right to privacy. Please read this Privacy Policy for more information about collection, storage, use, processing, combination, deletion and disclosure of your Personal Information.

“Personal Information” means information that can be directly associated with a specific person (and includes Health Information). When you register or update your information on our Site or through our App, we collect Personal Information including your:

• first and last name,
• e-mail address,
• year of birth,
• gender,
• geographic location, including your zip code.

If you are a healthcare provider or pharmacist, during registration you will be asked to provide information regarding your professional qualifications as well as other Personal Information.

If you are a patient, during registration or subsequently, you may choose to use certain features of the Application that will allow you to input other Personal Information with respect to your health, such as your vaccination history, your past medical history, family history, surgical history, health-related goals, the frequency you would like us to send you reminders to take your medication or other health-related reminders, the medications you take, the date of your prescription, the number of refills you have made, how often you take your medication, the medications you are allergic to, whether you take your medication, your doctors or other healthcare professionals’ names and the name of your pharmacy (“Health Information”). We will send you reminders to schedule a vaccination appointment, to schedule health-related appointments, and we will send you reminders to take your medications or to work on a health-related goal or treatment recommendation in accordance with this information.

You may send an invitation to join AZOVA’s platform to family members, friends, healthcare professionals, pharmacists. You may also send an invitation to be your “health helper” by means of the Application, so that such supporter will receive alerts regarding your compliance with your health goals, recommended treatment plans or medication regime. By sending such invitation, you represent that you have the right to contact the health helpers and that you consent to our sending your Personal Information and your Health Information and medication adherence and your compliance with your health goals, recommended treatment plans or medication regime to the supporters. Sharing of your Personal Information and health information and inviting supporters in your care in this manner is solely your responsibility.

You may also share any of your health information with any healthcare professional, pharmacist, family member, friend. You may also share your vaccination information with an employer or school.

You may use the Application to share your Personal Information or other information with your doctor, pharmacist or other healthcare providers. Such sharing may be enabled by inviting your healthcare provider to monitor your Personal Information, by accepting an invitation from your healthcare provider to download and use the Application, or otherwise using the Application settings to share your information with your healthcare provider or pharmacist; in these cases you consent to our sending Personal Information about your past medical history, family history, other health information, medications, your compliance with treatment plans, health goals and medication regime with your healthcare providers, pharmacists or other healthcare providers, employers or schools. Confirm with your healthcare provider that they have sent you an invitation to download AZOVA. Such sharing of your information is at your discretion and is solely your responsibility.

If you are a healthcare provider using the Application to invite individuals under your supervision to use the Application, you agree not to include any Personal Information about you or your professional qualifications in the text of these invitations. We may also use your Personal Information in order to provide you with personalized third party content or links to third party sites that might interest you, as part of the feed on the Application. We provide this third party content and/or links to third party sites for information purposes only and are not liable for such content or sites. For more information see the “Links to other Websites or Apps” section below.

We may also use the Personal Information (1) to identify your account for purposes of providing you with customer services and to respond to your requests, (2) to provide you the specific services you select (including the requested reminders), (3) to help diagnose problems with our servers, to make the Application more useful, for other internal purposes or to customize the Application and personalize its content for you, (4) to send you appointment reminders and automated confirmations and status updates on your care, and (5) to send you text messages, secure messages, emails or other communications regarding general adherence information, Application maintenance, updates, or changes to this Privacy Policy or any other relevant agreements. Please note that we reserve the right to send you such service related communications without offering you the opportunity to opt out of receiving them unless you cancel your account.

While we take great care to keep your Personal Information confidential and secure, when you share your health or medication information with others or provide feedback regarding health matters, medications and otherwise, including by means of social media sites, or when you participate in a forum on the Application, any information disclosed that may be automatically made public, and such information will not be considered Personal Information by us. You should exercise caution when disclosing any information (including Personal Information) in such ways, as you do not know who will access or use such information and for what purposes. Your Personal Information will not be combined with other information and will not be used for other purposes, except as explained in this policy. Please note that we are not subject to medical secrecy obligations.

Ensuring the accuracy and completeness of the Personal Information and any other information that you provide in connection with your use of the Application is important. Inaccurate or incomplete information will affect the functioning of the Application, as well as the information you receive from us and our ability to contact you.

3. AUTOMATIC DATA COLLECTION
Site: We collect information about your use of the Site (IP address, type of computing or mobile device you use, language of your operating system, the Internet browser you are using, geo-location and use of the Site) through the use of various technologies, such as cookies, web beacons and navigational data collection (log files, server logs, clickstream). For more information on our cookies policy, please see below.

App: When you download and install any of our Apps onto a mobile device, we assign a random number to your App installation. We do not use this number to identify you personally unless you choose to become a registered user of the App. We use this random number in a manner similar to our use of cookies as described in this Privacy Policy. Because the random number is assigned to your installation of the App itself, it cannot be removed through the settings of your App or your device. If you do not want us to use the random number for the purposes for which we use cookies, please do not install our App. Instead, please use your mobile device browser to access our Site.

The App may automatically collect certain information about you when you use the App, such as the type of computing or mobile device you use, your device’s IP address and/or unique device ID, your device’s operating system, the language of your operating system and the Internet browser you are using. We may use third party service providers to collect such information, in order to assist us with the following: pseudonymised installation tracking, social media recommendations, anonymized crash tracking, anonymized behavior tracking and testing (including in real time), and anonymized A/B testing. We collect such information in order to facilitate use and ensure technical functioning of the App, dynamically generate and deliver targeted content, statistically monitor usage of the App, and improve the overall quality of our users’ experiences.

Data collected automatically on the Site or App may be used, for example, to help diagnose problems with our servers, to make AZOVA more useful, to customize AZOVA and personalize its content for you.

4. COOKIES
A cookie is a small piece of text that is sent to a visitor’s browser. The browser provides this piece of text to the device of the originating visitor when this visitor returns. We use cookies to help personalize your AZOVA experience. A “persistent” cookie may be used to help save your settings and customizations. Also, if you log in to the Site, such a cookie may be used to recognize you as a valid user so you will not need to login each time you use the Site. Most web browsers automatically accept cookies, but allow you to modify security settings so that you can approve or reject cookies on a case-by-case basis or reject all cookies. You can configure your web browser to remove cookies by following the directions provided in your Internet browser’s “help” section.

• Safari
• Opera
• Firefox
• Google Chrome
• Internet Explorer

Also, you are free to delete any existing cookies at any time. If you delete or disable cookies from our Site, some parts or functions of the Site may not work properly for you.

5. ACCESS TO YOUR INFORMATION AND CHOICES.
YYou may request to delete your information on the AZOVA platform, however, any communication or information that you have shared with a healthcare professional on the AZOVA platform becomes a medical record in the healthcare professional’s dashboard. If you would like to request that the information you have shared with any healthcare professional be deleted, you must contact that healthcare professional and ask them to delete it. You can de-authorize the collection of personal information in the future by sending us an email at privacy@azovahealth.com. You understand and agree that if you choose to use AZOVA, you are providing your personal information and it will be visible to all the healthcare providers with whom you register for an appointment, send a secure message to or with whom you interact in any way on the AZOVA platform. You understand that your vaccination history and your medical history will be shared with all healthcare professionals or pharmacists with whom you register for an appointment and that, if you register for any service with a school on the AZOVA platform, your vaccination records will be shared with that school. You further understand and agree that your personal information may be shared with healthcare professionals located in other states and jurisdictions for purposes of virtual consults and medical record sharing as is necessary to carry out patient care on your behalf. If your health care provider discloses your PHI, he or she will obtain your consent for such disclosure, to the extent required by state law.

You can close your online patient account by sending an e-mail message to request account closure tocancel@azovahealth.com. You will no longer have access to any of the information on your AZOVA account. AZOVA will not be able to restore access to this account in any way. Any person or provider with whom you have communicated or shared information via your AZOVA account or with whom you have had an appointment on AZOVA will continue to have access to your records, communication and data. If one of your healthcare professionals or pharmacists closes his or her account, we may continue to provide you with access to information your healthcare professional stored on your behalf.

6. CALIFORNIA PRIVACY RIGHTS
Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2017 will receive information regarding 2016 sharing activities).

To obtain this information, please send an email message to privacy@azovahealth.com with “Request for California Privacy Information” on the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.

7. SHARING OF YOUR PERSONAL INFORMATION WITH THIRD PARTIES AND SERVICE PROVIDERS
AZOVA respects your right to privacy. This privacy policy explains AZOVA’s policy regarding the collection, use, disclosure and protection of Personal Information. Please read it carefully.

We will not publish your Personal Information without your explicit consent. However, we might share your Personal Information, as is reasonably necessary, without your consent with: (1) our contractors or consultants who are bound by an obligation of confidentiality, provided that we will only share Personal Information to the extent necessary with such contractors or consultants; and 2) affiliates of our company for the purposes of improving our marketing strategies, for research purposes and for entering into commercial contracts in order to provide our users with AZOVA’s services.

Please note that we may share your de-identified data with such third parties without obtaining such consent.

Additionally, you may choose to share your Personal Information with healthcare providers, healthcare provider organizations, or pharmacies with which we partner and/or third party coupon companies, in order that we may send you coupons and/or provide you with reminders to come in for an appointment, to get your prescription refilled, to notify you of a prescription that was sent to a pharmacy on your behalf, or to comply with a treatment plan or health goal. If you choose to share your Personal Information in this manner, please note that such information may be disclosed to the healthcare providers, healthcare provider organizations, coupon companies and/or pharmacies and will be subject to their privacy practices.

We may share your Personal Information with third parties, such as research institutes, healthcare systems, doctors or pharmacies for research purposes or to invite you to participate in clinical trial programs and/or so that they can cross-check such information with other information that they have about you and for improvement of our services. We will first obtain your consent for the same. Please note that we may share your de-identified data with such third parties without obtaining such consent.

From time to time, we may also ask whether you would like us to share your Personal Information with another company that may want to send you information about their products or services. If you consent to such transfer by us of your Personal Information to another company, please note that the information provided will be subject to such company’s privacy practices and shall not be within our control.

In addition, we may share your personal data with third parties, such as law enforcement authorities, courts and tribunals, to respond to law enforcement requests or other legal requests or pursuant to a requirement imposed by law, order, judgment or decree.

We may also share your Personal Information with legal advisors, consultants, or courts in order to protect and defend our rights and property or those of Application users. We may also transfer your Personal Information in the event of a merger, acquisition or sale of all or a portion of our assets.

8. USE OF AGGREGATED DATA
We may analyze all information we receive and/or combine your Personal Information, including Health Information and information regarding your use of the Application, with information from other users to create aggregated data that may be disclosed to and utilized by us, our affiliates and by third parties without restriction, on commercial terms that we can determine in our sole discretion for purposes of content marketing, for research purposes, in order to understand behavior patterns and in order to increase adherence to healthcare recommendations, health goals and medication regimens. Such aggregated data will not contain any information that could be used to contact or identify you. We also use a tool called “Google Analytics” to collect information about the use of the Application. Google Analytics collects information such as how often users visit the Application, what pages they visit when they do so, and what other sites they used prior to coming to the Application. Google Analytics collects only the IP address assigned to you on the date you use the Application, as well as information regarding your operating system, language and information regarding your use of the Application, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with Personal Information. We use the information we get from Google Analytics only to improve the Application. Google’s ability to use and share information collected by Google Analytics about your use of the Application is restricted by the Google Analytics Terms of Use located at http://www.google.com/analytics/terms/us.html and the Google Privacy Policy located at http://www.google.com/policies/privacy/.

9. DISABLING THE SERVICE, ACCESS, CORRECTIONS AND DELETION
At any time, you can stop the collection of your information by uninstalling the App and refraining from using the Site. You may also request that your Personal Information be deleted from our active databases. We will delete any data that is retained in your patient dashboard, but we cannot delete any Personal Information or Health Information that you have shared with any healthcare professional or pharmacist and we cannot delete any data that a healthcare professional or pharmacist has created as a result of an interaction with you. We cannot restore information that we have deleted. You are responsible for backing up the data that you store on the Application. We may retain any data in non-identified form, subject to applicable law.

You may contact us as specified below under “How to Contact Us” to access information that we keep about you or update or correct such information or ask for its deletion. We will retain your information for as long as you continue to use our Site or App and for a minimum of 10 years after last date of use/service.

10. LINKS TO OTHER WEBSITES OR APPS
Our Application may link to or refer to websites or mobile device applications that we do not control. Any Personal Information you provide on the linked pages is provided directly to this third party and is subject to this third party’s provider’s privacy policy. This Privacy Policy does not apply to such other websites or applications, and we are not responsible for the privacy practices or content of any website or application not controlled by us. If you have any concerns, we urge you to review the terms of those other websites or applications for more information about their applicable policies.

11. SECURITY
We take reasonable steps to protect Personal Information as you transmit it to us and to protect such information from loss, misuse and unauthorized access, disclosure, alteration or destruction. However, you should keep in mind that no Internet transmission is ever completely secure or error-free.

If you use and/or access the Application on or from an Android device which you or someone else rooted or on or from an iOS device which you or someone else jail broke, AZOVA shall not be responsible for the security of your data, including your Personal Information, and you shall bear all responsibility for any breach, illegal access, loss and/or corruption of such data.

12. SECURITY OF INFORMATION COLLECTED
We use account information in a password-protected environment as a security measure to protect your data. We use administrative, physical, and technical safeguards to protect data. We maintain a high level of data protection via safeguards such as data backup, audit controls, access controls, and some data encryption. Our Site and the Services use industry standard SSL encryption to enhance security of electronic data transmissions. In addition, we urge you to take precautionary measures in maintaining the integrity of your data. Please be responsible in making sure no one can see or has access to your personal account and login/password information. If you use a public computer, e.g., at a library or a university, always remember to logout of the Site or Services. If you use our Site or Services through your employer’s computer network or through an internet café, library or other potentially non-secure internet connection, such use is at your own risk. It is your responsibility to check beforehand on your employer’s or such other site’s privacy and security policy with respect to Internet use. We are not responsible for your handling, sharing, re-sharing and/or distribution of your personal or personal health information. Moreover, if you forward or transmit in any format, e.g. electronic or via other media including paper, or fax, personal health information electronically to another person on or off the Site or Service, we are not responsible for any harm or other consequences from third party use or re-sharing of your information.

13. TRANSFER IN THE EVENT OF SALE OR CHANGE OF CONTROL
We may transfer our databases containing your Personal Information if we sell our business or part of it or we otherwise transfer assets relating to our business or the Site to a third party, such as by merger, acquisition, bankruptcy proceeding or otherwise, we may transfer or sell your personal information to the new owner. In such a case, unless permitted otherwise by applicable law, your information would remain subject to the promises made in the applicable privacy policy unless you agree differently.

14. CHILDREN UNDER 18
Our Application is intended for use by persons 18 years of age and older. Under no circumstances should the Application be used by children under 14 years of age, and we will not knowingly collect Personal Information from any person we know to be in this age group. If you are using the Application for the benefit of a child, please do not provide information relating to such child unless you have obtained the child’s parents’ or guardians’ consent, including their consent to this Privacy Policy. If you discover that your child has been using the Application without your consent, or that someone has been using the Application for or on behalf of your child without your consent, please email us at privacy@azova.co and we will take reasonable steps to delete the child’s information from our active databases.

15. HOW WE USE AND SHARE YOUR INFORMATION
As a Business Associate of health care providers that are Covered Entities under the federal healthcare privacy and security rules (HIPAA and HITECH), we maintain your personal Health Information (PHI) in compliance with these rules and our contractual obligations with health care providers. We share information with health care providers who provide services to individuals, and they share information with us, for purposes related to treatment, payment and health care operations, and otherwise as agreed or authorized by you. Currently our main focus is providing a platform to allow individuals to receive telehealth Services from various healthcare providers and to serve as a platform upon which various healthcare providers can administer telemedicine services to patients. We collect your personal information solely for the purposes of providing the Services, marketing and promoting our Services to you, and for market research data. By agreeing to our Terms of Use and using our services you are consenting to the use of your personal data in this manner. We also give you the opportunity to “opt out” of receiving direct marketing or market research information by emailing us at privacy@azova.co. If we use PHI for direct marketing or market research purposes, we will ask you for your authorization.

Sharing with Third Parties. We may provide information to third party service providers (e.g., laboratories, prescription drug providers, and other clinically relevant companies) that help us process orders, and fulfill and deliver products and services that you purchase from or through us. We may use third parties to help host our Site, send out email updates about the Site, provide marketing and advertising services for us, remove repetitive information from our user lists, and process payments. These service providers will have access to your personal information in order to provide these services, but when this occurs we implement reasonable contractual and technical protections to limit their use of that information to helping us provide the service.

16. ADVERTISING
We may use how you browse and shop in order to show you ads for Company or our advertising partners that are more relevant to your interests. We may use cookies and other information to provide relevant interest-based advertising to you. Interest-based ads are ads presented to you based on your browsing behavior in order to provide you with ads more tailored to your interests. These interest-based ads may be presented to you while you are browsing our site or third-party sites not owned by Company. We belong to ad networks that may use your browsing history across participating websites to show you interest-based advertisements on those websites. If your browser sends a “do not track” signal or similar mechanism to indicate you do not wish to be tracked or receive interest-based ads, we will comply with your request. You can opt-out of receiving interest-based ads from us by emailing us at support@azovahealth.com. To learn more about interest-based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance and the Network Advertising Initiative websites (aboutads.info and www.networkadvertising.org). Please note that if you choose to opt out, you will continue to see ads on our Site, but they will not be based on how you browse and shop.

17. LEGAL PROCEEDINGS
We disclose personally identifiable information about you as required or permitted by law, including complying with legal process and as is permitted under HIPAA (for example, we may disclose your information as necessary to comply with an authorized civil, criminal or regulatory investigation). We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities and may, in our sole discretion, disclose personal information or other information to satisfy any law, regulation, subpoena, or government request. We reserve the right to release to appropriate law enforcement agencies, personal information or other information about users who we believe are engaged in illegal activities or are otherwise in violation of our Terms of Use, even without a subpoena, warrant, or court order, if we believe, in our sole discretion, that such disclosure is necessary or appropriate to operate our web site or to protect our rights or property, or that of our affiliates, or our officers, directors, employees, agents, third-party content providers, suppliers, sponsors, or licensors. We also reserve the right to report to law enforcement agencies any activities we reasonably believe in our sole discretion to be unlawful. If we are legally compelled to disclose information about you to a third party, we will attempt to notify you by sending an email to the email address in our records, unless doing so would violate the law or unless you have not provided your email address to us.

18. CONSENT TO DATA PROCESSING IN THE UNITED STATES
Our Site is operated and managed on servers located and operated within the United States. By using and accessing our Site, residents and citizens of countries and jurisdictions outside of the United States agree and consent to the transfer to and processing of personal information on servers located in the United States, and that the protection of such information may be different than required under the laws of your residence or location.

19. REPORT VIOLATIONS
You should promptly report any security violations to us by sending an email to support@azovahealth.com.

20. CHANGES TO THIS PRIVACY POLICY
We may amend our Privacy Policy in the future. In the event changes are made, we will post changes at the Site or we may send them to you via email and at other places we deem appropriate. You will always have the ability to stop using the service as explained above.

21. QUESTIONS OR SUGGESTIONS
If you have any questions or suggestions on ways we can improve our privacy policy with respect to personal information, please email us at privacy@azovahealth.com.

22. HOW TO CONTACT US
If you have any questions, comments, requests, or concerns related to this Privacy Policy or the privacy practices for our Application, please contact us at:

AZOVA
ATTN: AZOVA Inc.
144 S. Main Street, Alpine, UT 84004
support@azovahealth.com
844-MY-AZOVA
Changes To Privacy Policy
This Privacy Policy was last updated in April, 2019.