Privacy Policy

Introduction

Arrival Care LLC ("Company" or "We") created, develops and maintains online software and mobile platform on which Nurses (“Service Providers”) and Patients (“Patients”) connect to fill a one-time or recurring nursing visit whether it be at home, taking the patient to the doctor or other opportunities. When You (“You”) us our platform, including our website application, mobile application, content and services (collectively “Services”), You provide Your information to us. Because We respect your privacy and are committed to protecting it this policy (our (“Privacy Policy”) through our compliance with this policy. This policy describes:

• The types of information we may collect or that you may provide when you download, install, register with, access, or use the Arrival Care mobile application or website (the "App").
• Our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies only to information we collect in this App and in email, text, and other electronic communications sent through or in connection with this App. This policy DOES NOT apply to information that:

• We collect offline or on any other Company apps or websites, including websites you may access through this App.
• You provide to or is collected by any third party (see Third-Party Information Collection).

Other third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use this App. By downloading, registering with, or using this App, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this App after we revise this policy means you accept those changes, so please check the policy periodically for updates.

HIPAA Compliance and Protected Health Information

The Company operates as a platform that facilitates connections between patients and licensed nursing professionals. In doing so, the Company may function as a Business Associate under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) with respect to certain covered entity partners. Where applicable, we enter into Business Associate Agreements (“BAAs”) with covered entities as required by law. Information collected through the App — including patient medical history, blood type, and nursing visit records — may constitute Protected Health Information (“PHI”) under HIPAA. We handle such information in accordance with the HIPAA Privacy Rule and Security Rule, including the minimum necessary standard when using or disclosing PHI. In the event of a breach of unsecured PHI, we will notify affected individuals and, where required, the U.S. Department of Health and Human Services (“HHS”) within 60 days of discovery of the breach, in accordance with the HIPAA Breach Notification Rule (45 C.F.R. §§ 164.400–414).

Children Under the Age of 18

The App is not intended for children under 18 years of age, and we do not knowingly collect personal information from children under 18. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at [email protected]. California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your State Privacy Rights for more information.

Information We Collect and How We Collect It

We collect information from and about users of our App:

• Directly from you when you provide it to us.
• Automatically when you use the App.
• Communication through the App.
• Communication received from a doctor or a hospital.
• Contact Arrival Care, including support.
• Request for services by a Service Provider.
• Patient acceptance of Service Provider.
• Contact other users (including Service Providers, References or Partners) through our Services.
• Enable features that require Arrival Care to access your calendar or location.

You may also provide us with information related to a payment service ("Payment Service") offered to you as a convenience in connection with the Services. This allows you to securely store your credit card or bank account information (each a "Payment Account") with us in association with your Registered Account, as defined below. If you maintain an open debit card account in good standing through Arrival Care (an " Arrival Care Debit Account"), we may collect information related to your Arrival Care Debit Account, including details of your transactions and other activities associated with your use of that account. We use Persona (https://withpersona.com) as our designated third-party identity verification provider for Service Providers. Persona may collect information on our behalf, such as facial geometry or facial mapping, which may be classified as a “biometric identifier,” “biometric information,” or “biometric data” under certain laws, including the Illinois Biometric Information Privacy Act (BIPA) and similar state laws. The collection, use, and disclosure of such biometric information are governed by the terms of the separate biometric data notice and consent provided to you before this information is collected at the time of registration. By completing identity verification, you consent to Persona’s collection and processing of your biometric data in accordance with its privacy policy.

Information You Provide to Us

When you download, register with, or use this App, we may ask you provide information:

• By which you may be personally identified, such as name, postal address, email address, telephone number, medical history, blood type, or any other information the app collects that is defined as personal or personally identifiable information under applicable law, or any other identifier by which you may be contacted online or offline ("personal information").
• We may also aggregate and de-identify information so that it no longer identifies any specific individual. We may use and disclose this aggregated and de-identified information for any purpose and share it with any parties at our discretion. For example, we may share such information with marketing and research partners or use it for advertising, marketing, and promotional purposes. Additionally, we may identify job posting organizations within our Services and in our advertising, marketing, and promotional materials.

This information includes:

• Information that you provide by filling in forms in the App. This includes information provided at the time of registering to use the App, and subscribing to our service, requesting services, or providing services. We may also ask you for information when you report a problem with the App.
• Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
• Details of services requested and services provided through the App and of the fulfillment of those services. You may be required to provide financial information before requesting a service through the App.

You may also provide information for publication or display ("Posted") on public areas of the App or websites you access through the App (collectively, "User Contributions"). Your User Contributions are Posted and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. Information We Collect Through Automatic Data Collection Technologies When you download, access, and use the App, it may use technology to automatically collect:

• Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the App.
• Device Information. We may collect information about your mobile device and internet connection, including the device's unique device identifier, operating system, browser type, mobile network information, and the device's telephone number.
• Stored Information and Files. The App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.
• Location Information. This App collects real-time information about the location of your device solely for the purpose of matching patients with nearby Service Providers, displaying estimated arrival times, and verifying that services are rendered at the appropriate location. Location data is not used for advertising or behavioral profiling.

If you do not want us to collect this information do not download the App or delete it from your device/you may opt out at any time by emailing us at [email protected]. For more information, see Your Choices About Our Collection, Use, and Disclosure of Your Information, however, that opting out of the App's collection of location information will disable its location-based features. The technologies we use for automatic information collection may include:

• Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of our App.
• Web Beacons. Pages of the App and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).

Do Not Track. Our App does not currently respond to Do Not Track (DNT) browser signals. You may opt out of certain data collection through your device privacy settings or by contacting us at [email protected].

Third-Party Information Collection

When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

• Analytics companies.
• Your mobile device manufacturer.
• Your mobile service provider.

Named Third-Party Service Providers. The Platform relies on the following key third-party service providers who may receive personal information as part of their services: (i) Stripe — payment processing. Stripe collects and processes credit card and billing information directly and is subject to its own privacy policy at https://stripe.com/privacy. We do not store full payment card numbers. (ii) Persona — identity verification for Service Providers (see Identity Verification section above). (iii) Amazon Web Services (AWS) — cloud hosting and data storage. All user data is stored on AWS servers. All third-party service providers are contractually required to protect your information and use it only for the purposes for which it was disclosed. These third parties may use tracking technologies to collect information about you when you use this app. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, to:

• Provide you with the App and its contents, and any other information, products, or services that you request from us.
• Fulfill any other purpose for which you provide it.
• Give you notices about your account including expiration and renewal notices.
• Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• Notify you when App updates are available, and of changes to any products or services we offer or provide though it.

The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our App according to your individual interests.
• Speed up your searches.
• Recognize you when you use the App.
• Match patients with available, geographically proximate Service Providers based on real-time location data.
• Verify the identity of Service Providers through biometric and credential checks.

We do not use your personal information for targeted advertising, behavioral advertising, or third-party marketing. We do not engage in automated decision-making or profiling that produces legal or similarly significant effects on users. For more information, see Your Choices About Our Collection, Use, and Disclosure of Your Information.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction.

In addition, we may disclose personal information that we collect or you provide:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Arrival Care's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Arrival Care about our App users is among the assets transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce our rights arising from any contracts entered into between you and us, including the Terms of Service and for billing and collection.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Arrival Care, our patients, our Service Providers or others.

Your Choices About Our Collection, Use, and Disclosure of Your Information

We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.

• Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. You can choose whether or not to allow the App to collect information through other tracking technologies by opting out. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the App may then be inaccessible or not function properly.
• Location Information. You can choose whether or not to allow the App to collect and use real-time information about your device's location through the device's privacy settings. If you block the use of location information, some parts of the App may become inaccessible or not function properly.

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website. Residents in certain states, such as California, may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

Accessing and Correcting Your Personal Information

You can review and change your personal information by logging into the App and visiting your account profile page. You may also send us an email at [email protected] to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. If you delete any Correspondence or any of your User Contributions from the App, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other App users. Proper access and use of information provided on the App, including User Contributions, is governed by our terms of use https://arrivalcare.com/terms-of-service. Residents in certain states, such as California, may have additional personal information rights and choices. Please note that we do not use or disclose “sensitive personal information” other than for purposes for which California residents cannot exercise the right to limit under the CCPA. Please see Your State Privacy Rights for more information. ​​Your State Privacy Rights State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. To learn more about California residents' privacy rights. California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected] Nevada Residents. Nevada residents have the right to opt out of the sale of certain personal information. We do not sell personal information as defined by Nevada law. To submit a request or ask questions about our practices, please contact us at [email protected] with the subject line “Nevada Do Not Sell Request.”

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on secure servers behind firewalls. Any payment transactions and patient history, patient communication with Nurse will be encrypted. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the App like message boards or any communication with a Service Provider. The information you share in public areas may be viewed by any user of the App. Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide. ​​Data Retention We retain personal information only as long as necessary to fulfill the purposes for which it was collected, including satisfying legal, accounting, or reporting requirements. Specific retention periods: • Account and profile data: retained for the duration of your account and for 2 years following account deletion, unless a longer period is required by law. • Nursing visit records and clinical communications: retained for a minimum of 7 years in accordance with applicable state medical records retention laws, or longer where required. • Payment transaction records: retained for 7 years for financial and tax compliance purposes. • Biometric data: destroyed within 3 years of collection or when the original purpose has been satisfied, whichever occurs first. • Device and usage logs: retained for 12 months and then deleted or anonymized. Where personal information is no longer required, we securely delete or anonymize it in accordance with our internal data management procedures.

Data Breach Notification

In the event of a data security incident, the Company will assess the nature and scope of the breach and respond in a manner appropriate to the specific circumstances. We maintain a written incident response plan that is reviewed annually. For breaches involving PHI, we will notify affected individuals and HHS within 60 days of discovery, as required by the HIPAA Breach Notification Rule. For breaches involving non-PHI personal information, we will provide notice to affected individuals and applicable state regulators within the timeframes required by applicable state data breach notification laws (which range from 30 to 90 days depending on state). To report a potential security issue or vulnerability, please contact us at [email protected].

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. These measures include AES-256 encryption for data at rest, TLS 1.2 or higher for data in transit, role-based access controls limiting internal access to personal and clinical data, and annual third-party security assessments. All information you provide to us is stored on our secure servers behind firewalls. Payment transactions and patient-nurse communications are encrypted. Despite these measures, no security system is impenetrable and no internet transmission is completely secure. We cannot guarantee the absolute security of your personal information. Any transmission of personal information to the App is at your own risk.

Changes to Our Privacy Policy

We may update our privacy policy from time to time. If we make material changes to how we treat our users' personal information, we will notify you by email to the email address specified in your account and/or a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable [email protected] for you and for periodically visiting this privacy policy to check for any changes.

Governing Law and Dispute Resolution.

This Privacy Policy and any disputes arising from or related to it are governed by the laws of the State of Arizona, without giving effect to any conflict of law principles. Any disputes relating to this Privacy Policy are subject to the arbitration provision and class action waiver set forth in Arrival Care’s Terms of Service, available at https://arrivalcare.com/terms-of-service, which is incorporated herein by reference.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: [email protected]