Terms of Use

Effective Date: March 1, 2022

These Terms of Service (these “Terms”) are a binding agreement between you (“you”), Beam Healthcare
S.C. and its associated medical practices (collectively, “Medical Group”), and Beam Together MSO, LLC
(“Beam” and, collectively with the Medical Group, “we,” “us,” “our,”). Beam makes available a telehealth
platform hosted by Hint Health Inc. and provides services to you that are described in more detail in these
Terms (the “Beam Services”). The Medical Group uses the Platform in its performance of online medical
consultations (the “Telehealth Consultations”) between Medical Group healthcare professionals
(individually the “Provider” and collectively the “Providers”) and their patients pursuant to these Terms
(collectively, the “Telehealth Services” and, together with the Beam Services, the “Services”).

These Terms govern your access to and use of the Services pursuant to the purchase of or subscription
to the Services (“Subscription”) by you or on your behalf. Note that Section 24 entitled “Governing
Law; Dispute Resolution; Arbitration; Venue” contains a mandatory arbitration provision that
requires the use of arbitration on an individual basis and limits the remedies available to you in
the event of certain disputes.

Please read these Terms carefully. By clicking “I Accept” or by accessing or using our Services,
you acknowledge that you have read, understood and agree to be bound by and comply with
these Terms. If you do not agree with these Terms, you are not authorized to access or use the
Services or any information contained within the Services for any purpose.

To the extent that these Terms conflict with a Services Agreement (or any related agreement) (a
“Customer Agreement”) between Beam and your employer (or the employer of the Beam member,
as applicable) (“Beam Customer”), that Customer Agreement shall control.

We may revise these Terms from time to time. Any material changes to these Terms will be in effect as of
the “Date of Last Revision” referenced in these terms. You should review these Terms from time to time
and we will endeavor to provide you with reasonable notice when we make material changes to these
Terms. Your continued use of our Services after such changes will constitute your acceptance and
agreement to such changes.

The Services are not intended for use in the event of an emergency. If you believe you may have a medical emergency, call 9-1-1 or your local emergency medical system immediately. We cannot guarantee response times if you choose to use the Services in the event of a medical emergency. The Telehealth Services are provided by licensed Providers that are employed or contracted through the Medical Group. You rely on any content, lab results, technique ideas, or suggestions accessed through the Services at your sole discretion and risk. You should talk to your Provider or other healthcare practitioner for diagnosis and treatment. The Services are not a substitute for the expertise, skill, knowledge, or judgement of healthcare practitioners.

We may use “cookies” and other tracking technologies to keep and sometimes track, information about you when you use our Platform. Cookies are small data files that are sent to your browser or related software from a web server and stored on your computer’s hard drive. Cookies track where you travel on the Platform and what you look at. Most web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. We may use cookies and tracking technologies in the following ways.

Online Analytics. We may use third-party web analytics services, such as those of Google Analytics (including Google Signals, Google User-ID, and other Google Analytics features) and MixPanel on our Services to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; try to locate the same unique users across multiple browsers or devices to better tailor services and features; and provide certain features to you. To learn more about Google Analytics, you can visit “How Google uses data when you use our partners’ sites or apps” (located here). If you have a Google account with personalized advertising enabled, through Google Signals, Google will also be able to gather for us analytics and engagement information from across the various devices you use to access the Services. To prevent Google from using your information for analytics (including cross-device tracking for personalization purposes), you may install the Google Analytics Opt-out Browser Add-on by clicking here. And to opt out of Google Signals, please open your “Settings” app, locate and tap “Google,” select “Ads,” and turn ON “Opt out of Ads Personalization.” You may also be able to disable cross-device tracking through your Android or Apple device-based settings.

Online Advertising. The Services may integrate third-party advertising technologies
(e.g., ad networks and ad servers such as Facebook, Google Ad Words, Criteo and
others) that use cookies and other technologies to deliver relevant content and
advertising for Beam products on the Services, as well as on other websites you visit
and other applications you use. The ads may be based on various factors such as the
content of the page you are visiting, information you enter such as your searches,
demographic data, and other information we collect from you. These ads may be based
on your current activity or your activity over time and across other websites and online
services.

We neither have access to, nor does this Privacy Policy govern, the use of cookies or other tracking technologies that may be placed on your device you use to access the services by non-affiliated third party advertising network services. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link, the Digital Advertising Alliance’s Consumer Opt-Out link, or Your Online Choices to opt-out of receiving tailored advertising from companies that participate in those programs. If you are interested in more information about Criteo’s privacy practices or opting-out of Criteo’s advertising services, you may view their Privacy Policy. To opt out of Google Analytics for display advertising or customize Google display network ads, visit the Google Ads Settings page. We do not control these opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.

Please note that if you exercise the opt-out choices above, you will still see advertising when you use the Services, but it may not be tailored to you based on your online behavior over time.

Notice Concerning Do Not Track. Do Not Track (“DNT”) is a privacy preference that
users can set in certain web browsers. We are committed to providing you with
meaningful choices about the information collected on our website for third party
purposes, and that is why we provide the variety of opt-out mechanisms listed above.
However, we do not currently recognize or respond to browser-initiated DNT signals. To
learn more about Do Not Track, you can do so here.

You may instruct us not to use your contact information to contact you by email, postal mail, or phone regarding products, services, promotions and special events that might appeal to your interests by contacting us using the information below. In commercial email messages, you can also opt out by following the instructions located at the bottom of such emails. Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Policy or as required by applicable law. For example, you may not opt out of certain operational or administrative emails, such as those reflecting our relationship or transactions with you.

If you are a California residents, you may be entitled to additional disclosures and rights provided under the California Consumer Privacy Act (“CCPA”) and the Shine the Light law.

CCPA Disclosures:

In the preceding twelve (12) months, we have collected the categories of personal information as described above in Section 1 entitled “How We Collect and Use Your Personal Information.”
In the preceding twelve (12) months, we have used and shared your personal information as described in Section 1 “How We Collect and Use Your Personal Information” and Section 2 “How We Share and Disclose Your Personal Information.”
We have not sold your personal information in the past twelve (12) months.

CCPA Privacy Rights: If you are a California resident, you may have the following privacy rights available to you:

The right to know. You have the right to request to know (i) the specific pieces of personal information we have about you; (ii) the categories of personal information we have collected about you in the last 12 months; (iii) the categories of sources from which that personal information was collected; (iv) the categories of your personal information that we have sold or disclosed in the past 12 months; (v) the categories of third parties to whom your personal information was sold or disclosed in the past 12 months; and (vi) the purposes for collecting and selling (if applicable) your personal information.
The right to deletion. You have the right to request that we delete the personal information we have about you. We may deny your request under certain circumstances, such as if we need to comply with our legal obligations or complete a transaction for which your personal information was collected. If we deny your request for deletion, we will let you know the reason why.
The right to opt-out of the sale of your personal information. You have the right to opt-out of the sale of your personal information. However, we do not sell your personal information.
The right to equal service. If you choose to exercise any of your privacy rights, we will not discriminate against you in any way. If you exercise certain rights, however, please understand that you may be unable to use or access certain features of our Services.

You may exercise your right to know and right to deletion twice a year, free of charge. To exercise your right to know or right to deletion, please contact us at client@beam.healthcare . Please include your full name, email address and residential address associated with your use of our Services, along with the rights you would like to exercise.

We will take steps to verify your identity before processing your request to know or request to delete. We will not fulfill your request unless you have provided sufficient information for us to reasonably verify you are the individual about whom we collected personal information. If you have an account with us, we may use our existing account authentication practices to verify your identity. We may alternatively request additional information about your to verify your identity. We will only use the personal information provided in the verification process to verify your identity or authority to make a request and to track and document request responses, unless you initially provided the information for another purpose.

You may use an authorized agent to submit a request to know or a request to delete. When we verify you agent’s request, we may verify both your and your agent’s identity and request a signed document from you that authorizes your agent to make the request on your behalf. To protect your personal information, we reserve the right to deny a request from an agent that does not submit proof that they have been authorized by you to act on their behalf.

Shine the Light. The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.

Beam takes a variety of reasonable technical and organizational security measures designed to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. However, no method of transmission over the Internet, and no means of electronic or physical storage, is absolutely secure. As such, you acknowledge and accept that we cannot guarantee the security of your information transmitted to, through, or on our Services or via the Internet, and that any such transmission is at your own risk. Where we have given you (or where you have chosen) a password that enables you to access the Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. The information you share in public areas may be viewed by any user of the Services.

We keep your personal information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.

Our Services may contain references or links to third-party websites and services. Except as described above regarding Service Providers, we do not control what information third parties track or collect. Any access to and use of such third-party websites and services is not governed by this Privacy Policy but instead is governed by the privacy policies of those third parties. We are not responsible for the information practices of such third parties.

If you use our Services or provide us your personal information from outside the United States, your information will be transferred to, stored and processed in the United States and other countries where Beam or its vendors operate in accordance with this Privacy Policy and applicable laws. Please note that data protection and consumer protection laws of the United States and such other countries may differ from the data protection or consumer protection laws in your country. By using our Services or providing us with your personal information, you understand that your personal information will be collected from and processed in the United States and other countries where Beam or its vendors operate, and acknowledge that your information may be subject to access by law enforcement and other government entities, including courts and tribunals, in accordance with laws applicable in those jurisdictions.

Our Services are not intended for and we do not knowingly collect any personal information from children under 16. If we learn that a child under the age of 16 has submitted personal information, we will take all reasonable measures to delete the information as soon as possible and to not use such information for any purpose, except where necessary to protect the safety of the child or others as required or allowed by law. If you believe a child under 16 has provided us with Personal Information, please contact us at client@beam.healthcare or at our mailing address identified below in Section 11 “Contact Us.”

If you have any questions about this Privacy Policy or Beam’s privacy practices, please contact us at: Beam Healthcare S.C. 25 W Main St, FL5, Madison, WI 53703.

We reserve the right to change this Privacy Policy at any time to reflect changes in the law, our data collection and use practices, the features of our Services, or advances in technology. We will make the revised Privacy Policy accessible through the Services, and we suggest you review it periodically. The date this Privacy Policy was last revised is identified at the top of the document. You are responsible for periodically monitoring and reviewing any updates to the Privacy Policy. If we make a material change to the Privacy Policy, we will endeavor to provide you with appropriate notice in accordance with legal requirements. Your continued use of our Services after such amendments (and notice, where applicable) will be deemed your acknowledgment of these changes to this Privacy Policy.

Terms of Use

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