Welcome to Bearn's Health Assessment Tool. This Privacy Policy describes how Bearn (“we”, “us”, or “our”) collects, uses, and discloses information through our Health Assessment Tools used in our lead generation projects (the “Services”). Your use of the Services is subject to this Policy and our Terms of Use.

You agree that your personal information will be managed in accordance with our Services' specific Privacy Policy which is available when you sign in to the Service. The Privacy Policy explains what personal information we will collect about you, how we use that information, who we disclose it to, where it is stored, how you may access your personal information, your rights under data privacy laws applicable to you and how you may complain about a breach of the privacy laws.

When registering to the Service you will be asked to agree to the Company's specific Privacy Policy and to your personal information being used and/or disclosed in accordance with the Privacy Policy. Your transmission of data over the internet will never be totally secure. All information transmitted to us is at your own risk. We will do everything we can to protect your data and the information you send to us, however, we do not warrant the security of such data or information.

While every effort is made to ensure that the content of the Service is accurate, they are provided 'as is'. To the full extent permitted by law, the Company makes no warranties or representations as to the accuracy, timeliness or completeness of the information contained on the Service. Nothing on the Service shall be taken as rendering professional advice. The Company does not warrant that the services that make the Service available will be error, bug, or virus free. It is your responsibility to make adequate provision against such threats.

The information on the Service is not intended as and should not be used to replace specific professional medical advice (including advice on diagnosis, treatment, or prevention of any medical condition) or for any therapeutic purpose. You acknowledge and agree that the Service is an information service only. The Company is not responsible for any injury or loss that you may suffer because of following advice on the Service. If you have any specific health concerns, pre-existing medical conditions, or questions regarding your medical condition you should consult a qualified medical professional. You are always responsible for seeking independent advice from your healthcare professional before acting on or following any information or material provided on the Service. You acknowledge and agree that it is your responsibility to consult with your healthcare professional before using any of the information on the Service (especially - but not only - if you have an eating disorder, diabetes, high or low blood pressure, cholesterol issues, underlying medical conditions or you are pregnant or you are trying to conceive). At times the Service will contain recommendations. These recommendations are only provided as general information. You should not rely on these recommendations. They are not provided as medical or professional advice or opinion. They naturally do not consider factors specific to you and your circumstances. You should always seek your own advice on any medical, health or fitness related matters from your healthcare professional. To the full extent permitted by law the Company hereby avoids liability and/or responsibility for any adverse outcomes that might arise, directly or indirectly, from any recommendations on the Service.

The Company, including its employees, agents, and sub-contractors, shall not be responsible or liable for any direct, indirect, special, exemplary, incidental, consequential, punitive, or other loss, costs, expenses or damages of any kind, or any damages whatsoever. This is including but not limited to, those resulting from loss of profit, loss of contract, goodwill, data or information, loss of savings, business opportunities or revenue, whether or not advised of the possibility of such damage arising out of or in connection with your use of and reliance on the content or services on the Service or any linked websites, regardless of whether liability is based on breach of contract, tort (including negligence) or warranty, arises under a statute or any other legal basis for liability. Any implied terms, conditions or warranties are excluded to the full extent permitted by law. In the event any implied terms, conditions or warranties are contained in legislation that cannot be excluded, such term, condition or warranty will be deemed to be included, however, the Company's liability in such situations will be limited to either repairing, replacing or supplying (or paying for the repair, replacement or supply of) goods equivalent to the goods to which the breach relates, or re-supplying or paying for the re-supply of services in case of any breach relating to services. The Company's liability regarding claims under these Terms of Service (whether in contract, tort, negligence or as a result of statutory liability or otherwise) shall be limited to the total amount of all fees paid by you as a user of the Service to the extent permitted by law. Liability arising under a statute equivalent legal instrument which cannot be lawfully excluded is not excluded by these Terms of Service.

You agree to indemnify the Company, its employees, its officers, its agents, and its subcontractors against any third-party claims and any and all losses, expenses or damages and costs (including reasonable legal fees) suffered or incurred by us and arising out of your breach of any of these Terms of Service in your use of the Service.

The Service may contain links to third party websites and services that are not owned or controlled by the Company. The Company has no control over and assumes no responsibility for any loss or damage, however caused (including through negligence) which you may directly or indirectly suffer in connection with or arising from the content or accuracy of information, privacy policies, or practices of any third-party website or services. The provision of a link to a third-party website does not constitute an endorsement or approval of that website or any product or services on that website. It is your responsibility to assess whether any information provided is appropriate for your circumstances.

The Company cannot guarantee control over Content submitted by you or other users of the Service. We are not responsible or liable for any Content submitted by any user. We do not condone or endorse any Content submitted by users and we do not take any responsibility for the accuracy, legality, or decency of such Content. Any misconduct of other users or third parties on the Service may be reported by emailing the Company on [email protected]. We may in our sole discretion investigate your claim and take appropriate action if necessary.

We may receive personal information about you from third-parties, including our business partners. For example, when you authorize health or other data sharing from your wearable device or cellphone, we receive personal information from your device provider. Additionally, we may engage in research or other studies with our partners, and, if you choose to participate in such activities, we may receive personal information from these partners.

We collect information about you directly from you, from other data sources, and automatically through your use of the Services.

The information we collect from you depends on how you use our Services. To use our assessment tools, you must provide your full name, email address, phone number and zip. We may also ask you for your age, gender, birthdate and information on your wellness profile. Although you may choose not to provide such information to us, some features and functions of our Services may not work without this information. For example, without your health profile, our health assessment tools will be inaccessible, as they require this information for their algorithms to function properly.

We and our service providers may collect location information through the Services. The type of location information we collect depends on your settings in the device you use to access the Services. If you access the Services on your mobile device or wearable device, we may directly collect precise geographic location information and sensor data via Global Positioning System (GPS), cellular network information, and other location-based features. You can turn off direct location collection (or, on some operating systems, continuous direct location collection) through your device settings or by deleting the mobile application from your device. Please note that even if you disable location collection through your device, we still may collect your IP address, which may contain certain limited location information.

We automatically collect information about your use of our Services through cookies, web beacons, and other technologies, including technologies designed for mobile apps. To the extent permitted by applicable law, we combine this information with other information we collect about you, including your personal information. Please see the section “Our Use of Cookies and Other Tracking Mechanisms” below for more information. The information that we automatically collect may include:

• Your domain name; your browser type and operating system;
• Web pages you view and links you click on the Site;
• Your internet protocol (IP) address;
• The length of time you visit and use our Services in general;
• The referring URL, or the webpage that led you to our Site.
• Device name and model; operating system type, name, and version;
• Mobile device ID and IP address;
• Language information;
• Location information, such as GPS information;
• Information regarding your interaction with email messages, for example, whether you opened, clicked on, or forwarded the email message;
• Identifiers associated with cookies or other technologies that may uniquely identify your device or browser (as further described below); and
• Activities within the Mobile Application; and the length of time that you are logged into our Mobile Application.
• Rewards claimed, items purchased, or partner websites/stores visited from the Mobile Application

We automatically collect information about your use of our Services through cookies, web beacons, and other technologies, including technologies designed for mobile apps. To the extent permitted by applicable law, we combine this information with other information we collect about you, including your personal information. Please see the section “Our Use of Cookies and Other Tracking Mechanisms” below for more information. The information that we collect may include:

• Age or Birthdate
• Height
• Weight
• Heart Rate
• HRV
• Blood Pressure
• Alcohol and Tobacco Usage + Habits
• Depression
• Anxiety
• Body Measurements
• MSK flexibility and range of motion
• Lifestyle
• Cardiac - Metabolic - Pulmonary Risk Factors

In general, we collect information from you so that we can provide our services, operate our business, and provide information that you request from us. This includes the following uses and purposes:

• Services
• To provide, operate, improve, maintain, and protect our Services.
• To provide our wellness program and Services to you.
• To facilitate and match your health assessments for insurance, products and services offered by our partners.
• Recommendations and lead generation services are made in a sales, marketing and acquisition strategy in an effort to optimize health and wellness services.
• To provide technical and other support.
• To communicate with you about your use of our Services, to respond to your inquiries, to provide you with rewards that you earn, and for other customer service purposes.
• To tailor the content and information that we may send or display to you, to offer personalized fitness goals and activities and rewards for completing those goals/activities, to provide personalized help and instructions, and to otherwise personalize your experiences while using the Services.
• To better understand how users access and use our Services, both on an aggregated and individualized basis. For example, we will evaluate which features of our Services are more (or least) used by users, and we will use this information to improve our Services.
• To analyze user behaviors, including users’ fitness and consumer purchasing activities, to improve the Services and our reward offerings and reward incentives.
• To conduct research and analysis and monitor and analyze trends and usage, including in conjunction with our partners.
• To enhance or improve user experience, our business, and our services, including the safety and security thereof.
• To detect, prevent, or otherwise address fraud, security, or technical issues.

• To send you news and newsletters about Bearn, and to send you email marketing about our products and services and products and services we may jointly offer with our rewards or service partners.
• To send you information about products and services of our affiliated entities and other entities that we think may be of interest to you, including our platform and rewards partners’ products and services.
• To assist us in determining relevant advertising content and media.
• To evaluate the success of our advertising campaigns (including our use of interest-based advertising and offline promotional campaigns).
• To enter you into sweepstakes, contests, and promotions in accordance with your request (note that separate rules, terms, or privacy policies may apply).
• To administer surveys and questionnaires, such as for market research or customer satisfaction purposes.

• To comply with legal obligations, as part of our general business operations, and for other business administration purposes.
• As necessary to comply with any applicable law, regulation, subpoena, legal process, or governmental request.
• Enforce contracts and applicable Terms of Service, including investigation of potential violations thereof.
• Detect, prevent, or otherwise address fraud, security or technical issues.
• Protect against harm to the rights, property or safety of Bearn, our users, customers, or the public as required or permitted by law.

• Business Transfers. If (i) we or our affiliates are or may be acquired by, merged with, or invested in by another company, or (ii) if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected from you to the other company. As part of the business transfer process, we may share certain of your personal information with lenders, auditors, and advisors, including attorneys and consultants.
• In Response to Legal Process. We disclose your information to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a subpoena.
• To Protect Us and Others. We disclose your information when we believe it is appropriate to do so to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Policy, or as evidence in litigation in which we are involved.
• With your Consent. We share information with companies, organizations, and individuals outside of Bearn when we have your consent to do so.

We may de-identify or aggregate information so that you are not identified as an individual and use and provide that information to third parties without restriction. For example, we share aggregate and de-identified information about users with our rewards, financial services, and insurance partners. We may also provide aggregate usage information to third parties (or allow third parties to collect that information from you), who may use such information to understand how often and in what ways people use our services. However, we never disclose aggregate usage or de-identified information to a third party (or allow a third party to collect such information) in a manner that would identify you as an individual person.

We and our service providers use cookies and other tracking mechanisms to track information about your use of our Services. We may combine this information with other personal information we collect from you (and our service providers may do so on our behalf).

Cookies. Cookies are alphanumeric identifiers that we transfer to your device’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Services, while others are used to enable a faster log-in process or to allow us to track your activities at our Services.

Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Services who disable cookies will be able to browse certain areas of the Services, but some features may not function.

We use automated devices and applications, such as Google Analytics and other analytics tools, to evaluate usage of our Services. We use these tools to help us improve Services’ performance and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services. To learn more about Google’s privacy practices, please review the Google Privacy Policy at https://www.google.com/policies/privacy/. You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.

Currently, our Services do not recognize browser “do-not-track” requests.

Our Services may contain links to websites and services operated by third-parties. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such websites.

We have implemented security measures designed to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee security.

You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

You may modify, correct or delete personal information that you have submitted by contacting us at [email protected]. Please note that copies of information that you have updated, modified, or deleted may remain viewable in cached and archived pages of the Services for a period of time.

We may send periodic promotional emails to you. You may opt-out of promotional emails by following the opt-out or unsubscribe instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of or unsubscribe from receiving promotional emails, we may still send you emails about your account or any services you have requested or received from us.

Our Services are not designed for children under 18 and we do not knowingly collect information from children under 18. If we discover that a child under 18 has provided us with personal information, we will delete such information from our systems. If you are the parent of a child under the age of 18, and you believe he or she has shared information with us, please contact us at [email protected] so that we can remove such information from our systems.

We are based in the United States, and our Services are hosted there. If you are using our Services from another country, the laws governing our collection and use of information may be different from the laws of your country. If you decide to use our Services, or share your information with us, you are agreeing to be governed by the laws of the United States and agree to the transfer of your information to the United States.

If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us at [email protected].