Privacy is a priority to NeckCare™, and we place great emphasis on respecting the rights of individuals and the protection of personal information.

This privacy policy describes how NeckCare Enterprises Inc. (“NeckCare”, “us”, “we”, or “our”) processes, as in collects, records, stores, and shares personal information about individuals (hereafter also called “you”). It is important that you read it together with any other privacy notice that we may provide when we are collecting your personal information so that you are fully aware of how and why we are using it.

We may modify this privacy policy at any time. All changes will be effective immediately upon posting to our website www.neckcare.com. Material changes will be conspicuously posted on our website or otherwise communicated to you.

This notice concerns the processing of personal information when:

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  You use our measuring equipment and software products (collectively, the “NeckCare™ products”), which include the NeckCare™ Platform for assessments, in-clinic exercises, and exercises assignment, and NeckCare™ Home for accessing and performing assigned exercises);

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  You make an account and sign in to our NeckCare™ Products;

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  You communicate with us, whether through phone (texts and calls), E-mail, customer portal on our website, help center, or social media;

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  Visit our website, www.neckcare.com, or social media.

1. What personal information does NeckCare™ collect about you?

NeckCare™ collects the following personal information:

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  Email address of clinicians for accessing the NeckCare™ Platform

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  Technical information of clinician, e.g., IP address (used for error logging)

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  Patient information related to the usage of NeckCare™ Products, including:

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    Name, gender, year of birth, E-mail address, identifier, and description

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    Measurement data of neck mobility and motion control

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  Identification and communication information of business contacts, e.g., name and address, email, and telephone number.

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  Payment information, solely to the extent necessary for our payment service provider to process payment. Financial information is not stored by NeckCare™.

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  Communications information when a contact is established between an individual and NeckCare™.

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  We might record calls for internal training purposes only.

2. Patient information we process for healthcare providers

When a clinic or other healthcare provider uses the NeckCare™ Products, we process its patients’ information on the provider’s behalf as a business associate under HIPAA. We use and disclose that information only as permitted by our business associate agreement with the provider and by HIPAA, and we never use it for marketing. Patients who want to access, correct or ask about their information should contact their healthcare provider, whose Notice of Privacy Practices applies. Where that agreement allows, we may de-identify patient information as described below.

3. Use of Camera for Motion Tracking (NeckCare™ Home)

When using NeckCare™ Home, the built-in camera on your device is used to track head movement during prescribed exercises.

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  The camera is used solely to calculate 3D head orientation for therapeutic purposes. NeckCare™ does not store or retain video recordings or images of users.

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  Motion tracking processing occurs locally on the user’s device. Only derived motion data are transmitted to NeckCare™ servers.

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  Only derived motion data (e.g., head orientation metrics) are processed and stored in our secure database.

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  No raw image or video data leave the user’s device.

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  NeckCare™ does not use facial recognition, biometric identification, or identity verification technologies.

If you provide your e-mail address to us, we will send you promotional and other electronic communications. We may use third-parties or service providers to deliver communications to you. You may opt out of such marketing emails by using the unsubscribe link in the email or contact us at info@neckcare.com with “Unsubscribe” in the subject line. Opting out of marketing communications does not opt you out of non-marketing communications. If you provide your phone number, we may send you SMS text messages for marketing and service-related purposes. Message and data rates may apply. Message frequency varies. You may opt out at any time by replying STOP, or contact us at info@neckcare.com. SMS opt-in data and consent will not be shared with any third parties. We never use patient information that we process on behalf of healthcare providers, including patient e-mail addresses and phone numbers, to send marketing communications.

When you make a purchase, you will be re-directed to our payment card industry (PCI) compliant payment processor. Any information that you provide directly to our payment processor is governed by its privacy policy, not this Privacy Policy. NeckCare™ does not receive your credit card, debit card or other financial information. However, NeckCare™ does receive information about your purchase.

4. Social Media

We are active on social media, including Facebook, LinkedIn and X (“Social Media”). Anything you post on social media is public information and will not be treated confidentially. We may post (or re-post) on our website and our Social Media pages any comments or content that you post on our Social Media pages. Your use of social media is governed by the privacy policies and terms of the providers that own and operate those websites and not by this Policy. We encourage you to review those policies and terms.

5. From whom do we collect your personal information?

We collect personal information from users (professional and individual) through our NeckCare™ Products. In certain instances, personal information is collected automatically, for example, by your usage of our website.

6. For what purpose does NeckCare™ process your personal information?

NeckCare™ processes personal information solely for the purpose of:

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  Allowing you to use the NeckCare™ Products

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  Providing remote neck exercise functionality through camera-based motion tracking

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  Communicating with you and to provide customer support

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  Administrative purposes, such as to inform our business strategies and to understand our website’s demographics

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  Managing our website, including troubleshooting problems and statistical analysis, improving the content and functionality

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  Conducting research and development to improve our products and services, using de-identified data as described below

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  Conducting marketing (never using patient information we process on behalf of healthcare providers)

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  Responding to inquiries from individuals

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  Communicating with business contacts and contractors

When you use our website www.neckcare.com we automatically collect information about your use through the use of cookies, web beacons, pixel tags, and other tracking technologies (collectively, “Cookies”).

A cookie is a small text file that our website saves onto your computer or device when you use the website that provides us certain information about your activities.Cookies allow the website to remember your actions and preferences and recognize you or your browser, along with some information you provided.Web beacons / pixel tags are small graphics on a webpage that monitor your activity when viewing a webpage.

We use Cookies to:

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  make our website function properly;

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  provide us with valuable data and statistics about the usage and effectiveness of our website and to help us improve our Site; and

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  help us improve our products and services.

A Cookie can either be a “session” Cookie or a “persistent” Cookie.Session Cookies exist only for so long as you are visiting the applicable website and are typically deleted when you exit your web browser.Persistent Cookies exist for a set period of time, for example, up to several months or years. Each time you visit a Site that has implemented a persistent Cookie, the persistent Cookie is renewed and that Cookie will remain active until its predetermined expiration date.You can manually delete persistent Cookies through your browser settings.

Cookies may either be “first-party” or “third-party” Cookies.A first-party Cookie allows your web browser to talk to the actual website that you are visiting).A third-party Cookie allows your web browser to talk to a third-party website, such as the source of an ad that appears on the website you are visiting or a third-party analytics provider.We may not have control over how a third-party uses information collected through third-party Cookies.

How do you manage Cookies or opt-out? Most browsers automatically accept cookies. You can disable this function by changing your browser settings, but disabling cookies may impact your use and enjoyment of our website.Not all features or functions of our website may work properly if you disable Cookies.You cannot disable all Cookies, such as Cookies that are essential to the functioning of our website.

Currently, we do not change our data collection procedure in response to California’s “Do-Not-Track” (DNT) settings in your web browser.

7. How long do we store your personal information?

NeckCare™ stores personal information for the time necessary to fulfill the purpose of the processing as reported in this Privacy Policy.

Patient information that we process on behalf of a healthcare provider is retained and deleted in accordance with our agreement with that provider.

8. Who do we share your personal information with and why?

We do not sell, rent or lease personal information to any third party. Patient information we process on behalf of healthcare providers is used and disclosed only as permitted by our business associate agreements with those providers and by HIPAA, and the sharing described below applies to it only within those limits. We may share personal information with the following parties, in compliance with applicable laws:

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  Employees and Affiliates. We may share personal information with our employees and affiliates who have a need to know the information for our business purposes.

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  Third Parties and/or Service Providers.We may share personal information with third parties and/or service providers that provide services for us. For example, we may share personal information with vendors to help us host and manage our website and the NeckCare™ products; improve the content and functionality of our website and the NeckCare™ Products; perform data analysis and statistical analysis; troubleshoot problems with our website and the NeckCare™ Products; and support or provide the security of our website and the NeckCare™ Products.

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  Government Officials / Law Enforcement. We will cooperate with law enforcement and other governmental agencies, and may disclose personal information:(i) if we believe in good faith we are legally required to disclose that personal information, (ii) if we are advised to disclose personal information by our legal counsel, or (iii) when necessary to identify, contact or bring a legal action against someone who may cause or be causing harm to, or interfering with the legal rights of, NeckCare™ or any other party.

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  Professional Advisors. We may share personal information with our professional advisors, such as our attorneys, accountants, financial advisors and business advisors, in their capacity as advisors to NeckCare™.

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  Change in Ownership. In the event NeckCare™ is the subject of a change of control or in the event our website or the NeckCare™ Products changes ownership, in whole or in part, or in the event of a bankruptcy, receivership or a similar transaction, we may provide personal information to the subsequent owner(s).

9. Use and sharing of information for research and product improvement purposes

NeckCare™ is committed to investing in and conducting scientific research to further the knowledge of the scientific community and society on neck health as to advance the development of improved treatments and rehabilitation of neck impairments. We will use your anonymized or, where permitted by applicable law and our agreements with healthcare providers, pseudonymized personal data for scientific purposes, including but not limited to, clinical studies, scientific publication, and collaborative research projects. Personal data will be anonymized and aggregated such that you are not able to be personally identified before publishing or sharing outside of NeckCare™ for research purposes.

Where NeckCare™ processes patient information on behalf of a healthcare provider (for example, neck mobility and motion control measurements collected with the NeckCare™ Products), NeckCare™ may also de-identify that information in accordance with applicable law. We may use de-identified information, alone or combined with de-identified information from other healthcare providers, to analyze, maintain, and improve the NeckCare™ Products, to develop new products, features, and reference values, and to create aggregated statistics and benchmarks. We may also disclose, license, or sell de-identified patient information to third parties, such as research partners and other organizations. De-identified information does not identify you.

10. Security of personal information and the notification of a data breach

Security in the processing of personal information is important to NeckCare™ and we have taken appropriate technical and organizational security measures to ensure the protection of your personal information in line with our security policy, including appropriate access controls.

If there is a breach involving patient information we process for a healthcare provider, we will notify that provider. For other personal information, we will notify you as required by applicable law.

11. California residents

Pursuant to California Civil Code Section 1798.83, if you are a California resident, you have the right to obtain: (a) a list of all third parties to whom we may have disclosed your personal information within the past year for direct marketing purposes, and (b) a description of the categories of personal information disclosed, by emailing us at info@neckcare.com.

12. Questions and further information

If you have questions or would like more information on how we handle your personal information, you may contact us at info@neckcare.com.