Consumer Health Data Privacy Statement

This Statement is designed to be consistent with the Washington My Health My Data Act, 2023 (“Act”). This Statement uses certain terms that have the meaning given to them by the Act, unless otherwise specified, which provided certain rights to consumer regarding Consumer Health data business either (1) collect, as defined under the Act, regarding individuals that reside in the state of Washington or (2) process within the State of Washington.

1. Collection and Use

a. Consumer Health Information Lively Collects

"Consumer health data" means personal information that is linked or reasonably linkable to a consumer and that identifies the consumer's past, present, or future physical or mental health status.

In order to provide and improve our services to you, Lively may collect certain Consumer Health Data about you, including:

• Individual health conditions, treatment, diseases, or diagnosis;

• Social, psychological, behavioral, and medical interventions;

• Health-related surgeries or procedures;

• Use or purchase of prescribed medication;

• Bodily functions, vital signs, symptoms, or measurements thereof;

• Diagnoses or diagnostic testing, treatment, or medication;

• Precise location information that could reasonably indicate your attempt to acquire or receive health services or supplies;

• Data that identifies you seeking health care services; or Information that we process to associate or identify you with the data described above that is derived or extrapolated from non-health information (such as proxy, derivative, inferred, or emergent data by any means, including algorithms or machine learning).

b. Sources of Collection

We collect consumer health data about you from the following sources:

• From you, your device or your use of our services, for example, through your use of our website and apps (Lively Link and Lively app), when you register for a Lively account on mylively.com, make a purchase, participate in a product review or survey, or otherwise contact or communicate with us via mail, email, or fax;

• An authorized family member or caregiver to purchase or activate Lively products and services for you;

• Representatives of the care facility where you reside, your managed care organization, and other commercial partners; and

• Our affiliates;

c. Purpose for Collections/Use

We collect and use consumer health data about you for the following purposes:

• Performing services you have purchased from or contracted for with us, including maintaining or servicing accounts (e.g., your Lively account), as well as providing customer service, processing or fulfilling orders and transactions, providing analytics services, or providing similar services;

• Debugging to identify and repair errors that impair existing intended functionality;

• Undertaking internal research for technological development and demonstration;

• Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us;

• Customizing your experience on our digital properties;

• Processing liability claims; and

• Complying with and enforcing applicable legal requirements, relevant industry standards, and our policies.

2. Disclosures

We may have to share the following categories of consumer health data for a business purpose.

• Individual health conditions, treatment, diseases, or diagnosis;

• Social, psychological, behavioral, and medical interventions;

• Health-related surgeries or procedures;

• Use or purchase of prescribed medication;

• Bodily functions, vital signs, symptoms, or measurements of the information described in this subsection (8)(b);

• Diagnoses or diagnostic testing, treatment, or medication;

• Precise location information that could reasonably indicate a consumer's attempt to acquire or receive health services or supplies;

• Data that identifies a consumer seeking health care services; or

• Any information that a regulated entity or a small business, or their respective processor, processes to associate or identify a consumer with the data described in (b)(i) through (xii) of this subsection that is derived or extrapolated from non-health information (such as proxy, derivative, inferred, or emergent data by any means, including algorithms or machine learning).

We may have shared your consumer health data with the following categories of third-parties:

• Our affiliates

  • Current Health, Inc.

  • Current Health Limited

  • Best Buy Co., Inc.

  • BestBuy.com, LLC

  • Best Buy Stores, L.P.

  • Best Buy Technology, Inc.

  • Best Buy Enterprise Services, Inc.

• Our business partners, including commercial partners

• Service Providers

• Individuals or entities authorized by you

• Government entities, including law enforcement

3. Consumer Rights

You have certain choices regarding the use and disclosure of your consumer health data, as described below:

a. Access: You have a right to access a report which details the consumer health data we collect. Submit an Access Request.

b. Delete: You may delete and withdraw you consent to Lively for collecting or sharing your consumer health data. Submit Deletion Request.

c. Appeal: The Act requires that we establish a process for consumers to appeal our refusal to take action on certain requests. Click Appeal to submit an appeal.

d. Correct: You can update your My Account email address, personal emergency profile, and your credit card information, simply by logging into your My Account at https://www.lively.com/myaccount/. For all other updates or if you prefer someone to help you make these updates, you can also call us at 1-800-733-6632 to speak to a Lively Customer Care Agent.

Note: If you have multiple products registered on My Account, you will need to update each product account separately.

4. Verifying Requests

To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request. If you have an account with us, we may verify your identity by requiring you to sign in to your account. If you request access to or deletion of your personal information and do not sign in to an account with us, we require you to provide the following information: name, email address, phone number, and postal address. In addition, if you do not have an account and you ask us to provide you with specific pieces of personal information, we reserve the option to require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request. If you designate an authorized agent to make an access, deletion or opt-out of sale request on your behalf (1) we may require you to provide the authorized agent written permission to do so, and (2) for access and deletion requests, we may require you to verify your own identity directly with us (as described above).

5. Additional Information

If you choose to exercise any of your rights, you have the right not to receive, and will not receive, discriminatory treatment by us. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request. Employees and contractors are provided notice via different statements.

Effective Date: March 27, 2024