Last Updated: July 25, 2023

This notice describes how Personal Data and/or information about you may be used and disclosed and how you can obtain access to this information. Please review it carefully.

INTRODUCTION

We at eBlu Solutions, Inc. (“we”, “us”, “the Company”, or “eBlu”) value your privacy and are committed to keeping your personal data confidential. We use your data solely in the context of providing (1) you (collectively, with Provider Users and Support Staff Users, “Users”) with access to https://www.eblusolutions.com (our “Website”); and/or (2) a single portal Software-as-a-Service platform (the “Platform”) to healthcare providers (“Provider Users”) and support staff (“Support Staff Users”) to conduct insurance benefit investigations (“Benefit Investigation Services” or “BI Services”), prior authorization support services (“Prior Authorization Services”), and pharmaceutical manufacturer program enrollment support services (“Program Enrollment Services”) on behalf of patients (each, a “Patient”). The Benefit Investigation Services, Prior Authorization Services, Program Enrollment Services, and the Platform, including all relevant content and functionality associated with each, are collectively referred to herein as the “Services.”

Privacy Policy Applicability

This Privacy Policy applies to personal data (“Personal Data”) that eBlu collects from Users of the Website and/or Services. The term “Personal Data” includes any information that can be used on its own or with other information in combination to identify or contact one of our Users.

We believe that privacy and transparency about the use of your Personal Data are of utmost importance. In this Privacy Policy, we provide you with detailed information about our collection, use, maintenance, and disclosure of your Personal Data. The Privacy Policy explains what kind of information we collect, when and how we might use your Personal Data, how we protect Personal Data, and your rights regarding your Personal Data.

For additional information related to how we use and disclose your Personal Data, please contact our Privacy Officer at [email protected].

Note regarding third-party sites: Our Website and/or Services may contain links to other sites that are not operated by eBlu. If you click a third-party link, you will be directed to that third party’s site. We strongly advise you to review every site you visit for the privacy policy(ies). eBlu has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party sites or services. This Privacy Policy does not apply to your use of or access to any third-party sites or services.

Agreement to Privacy Policy Terms

BY ACCESSING AND/OR USING THE WEBSITE AND/OR SERVICES, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND AGREE TO THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY CEASE USING THE WEBSITE AND/OR SERVICES.

Privacy Policy Updates

Please note that we occasionally update this Privacy Policy, and it is your responsibility to stay up to date with any amended versions. Any revisions to the Privacy Policy will be posted on our Website and on the login page(s) of the Platform. Any changes to the Privacy Policy will be effective immediately upon providing notice via the Website and the Platform login page(s) and will apply to all Personal Data that we maintain, use, and disclose. We will not make retroactive changes that reduce your privacy rights unless we are legally required to do so. If you continue to use the Website and/or Services following such notice, you are agreeing to those changes. The amended Privacy Policy supersedes all previous versions.

FOR PROVIDER USERS AND SUPPORT STAFF USERS ONLY: Account Deletion

If at any point you no longer agree to the use and disclosure of Personal Data, as described in this Privacy Policy, you can delete your User Account (“User Account”) by sending a deletion request to [email protected] with the following information:

• Your name

• Your organization

• Your login email address; and

• A statement that you are requesting account deletion.

Questions or Concerns

If you have any questions or concerns after reading this Privacy Policy, please contact us at [email protected]. We appreciate your feedback.

COLLECTION AND USE OF PERSONAL DATA

What Personal Data Does eBlu Collect?

Through the Website and/or Services, we collect four types of information: (i) demographic data; (ii) support data; (iii) technology data, and, FOR PROVIDER USERS AND SUPPORT STAFF USERS ONLY, (iv) Electronic Health Record (“EHR”) and/or Patient health data. Each category of data is explained in depth below.

Demographic Data: eBlu collects demographic data from Users, which may include, but not be limited to, a User’s name, email address, physical address, phone number, and, for Provider Users and Support Staff Users, role within the organization (i.e. physician, other qualified health care provider, clinical staff, or support staff). FOR PROVIDER USERS AND SUPPORT STAFF USERS ONLY: The collection of this demographic data is primarily used to create a User Account, which Users can utilize to securely access the Website and/or Services.

Support Data: If you contact us for support or to lodge a complaint, we may collect technical or other information from you through log files and other technologies, some of which may qualify as Personal Data. Such information will be used for the purposes of troubleshooting, customer support, software updates, and improvement of the Website and/or Services in accordance with this Privacy Policy. Calls with eBlu may be recorded or monitored for training, quality assurance, customer service, and reference purposes.

Technology Data: We use common information-gathering tools, such as log files, cookies, web beacons, and similar technologies to automatically collect information, which may contain Personal Data from your computer as you navigate our Website and/or Services or interact with emails or other communications, we have sent you. The information we collect may include your IP address (or proxy server), device and application identification numbers, location, browser type, Internet service provider, the pages, and files you viewed, your searches, your operating system, and system configuration information, and date/time stamps associated with your usage. This information is used to analyze overall trends, help us provide and improve our Website and Services, and ensure the proper functioning and security of the Website and Services.

FOR PROVIDER USERS AND SUPPORT STAFF USERS ONLY: EHR Data and Patient Health Data: In accordance with the Platform Terms of Use and with individual Patient consent, eBlu may collect certain Patient health data (“Patient Health Data”) through your organization’s EHR via an application program interface (“API”). Data collected from the EHR may contain the Personal Data of Users covered by this Privacy Policy. This information may be shared with Pharmaceutical Company Partners (as defined below) in order to provide you with the Services.

How Will eBlu Use Personal Data?

eBlu processes your Personal Data based on legitimate business interests, the fulfillment of our Website and/or Services to you, compliance with our legal obligations, and/or your consent. We only use or disclose your Personal Data when it is legally mandated or where it is necessary to fulfill those purposes described in this Privacy Policy. Where required by law, we will ask for your prior consent before disclosing your Personal Data to a third party.

More specifically, eBlu processes your Personal Data for the following legitimate business purposes:

• To provide you with the Website and/or Services;

• FOR PROVIDER USERS AND SUPPORT STAFF USERS ONLY: To fulfill our obligations to you under the Platform Terms of Use;

• FOR PROVIDER USERS AND SUPPORT STAFF USERS ONLY: To communicate with you about and manage your User Account;

• To properly store and track your data within our system;

• To respond to lawful requests from public and government authorities, and to comply with applicable state/federal law, including cooperation with judicial proceedings and court orders;

• To protect our rights, privacy, safety, or property, and/or that of you or others by providing proper notices, pursuing available legal remedies, and acting to limit our damages;

• To handle technical support and other requests from you;

• To enforce and ensure your compliance with our Platform Terms of Use or the terms of any other applicable services agreement we have with you;

• To manage and improve our operations and the Website and Services, including the development of additional functionality;

• To evaluate the quality of service you receive, identify usage trends, and improve your experience;

• To keep our Website and Services safe and secure; and

• To send you information about changes to our terms, conditions, and policies.

Does eBlu Use Personal Data for Analytics?

eBlu uses third-party service providers to monitor and analyze the use of the Website and Services. The analytics services we use may include but are not limited to Google Analytics, Azure App Insights, and Elastic.

Where Is Personal Data Processed?

The Personal Data we collect through the Website and/or Services will be stored on secure servers in the United States. Personal Data may be transmitted to third parties, which parties may store or maintain the data on their secure servers. These third parties are not permitted to transfer your Personal Data outside of the United States.

With Whom Does eBlu Share Personal Data?

We do not sell, share, or otherwise disclose your Personal Data for reasons other than those described in this Privacy Policy. We may share your Personal Data with the following categories of individuals/entities:

Business Partners and Vendors: We share Personal Data with a limited number of partners, service providers, and other persons/entities who help run our business (“Business Partners”). Specifically, we may employ third-party companies and individuals to facilitate our Website and Services, provide Services on our behalf, perform Service-related functions, or assist us in analyzing how our Website and Services are used. Our Business Partners are contractually bound to protect your Personal Data and to use it only for the limited purpose(s) for which it is shared. Business Partners’ use of Personal Data may include, but is not limited to, the provision of services such as data hosting, IT services, and customer services.

Our Advisors: We may share your Personal Data with third parties that provide advisory services to eBlu, including, but not limited to, our lawyers, auditors, accountants, and banks (collectively, “Advisors”). Personal Data will only be shared with Advisors if eBlu has a legitimate business interest in the sharing of such data.

Third Parties Upon Your Direction or Consent: You may direct eBlu to share your Personal Data with third parties. Upon your request and consent, we may share such Personal Data with those third parties that you identify.

Third Parties Pursuant to Business Transfers: In the event of a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of eBlu’s corporate entity, assets, or stock (including in connection with any bankruptcy or similar proceedings), we may share your Personal Data with a third party.

Government and Law Enforcement Authorities: If reasonable and necessary, we may share your Personal Data to (i) comply with legal processes or enforceable governmental requests, or as otherwise required by law; (ii) cooperate with third parties in investigating acts or omissions that violate this Privacy Policy or, if you are a Provider User or Support Staff User, the Platform Terms of Use; or (iii) bring legal action against someone who may be violating the Platform Terms of Use or who may be causing intentional or unintentional injury or interference to the rights or property of eBlu or any third party, including other users of our Website or Services.

FOR PROVIDER USERS AND SUPPORT STAFF USERS ONLY:

Insurance Companies: We share minimally necessary Personal Data with insurance companies in order to provide the Benefit Investigation Services and the Prior Authorization Services.

Pharmaceutical Manufacturers: When patient(s) provide consent we share Personal Data or Personal Health Data with pharmaceutical manufacturing companies (each, a “Pharmaceutical Company Partner”) in order to provide Patient Support Services including but not limited to Savings Program Enrollment Services.

How Long Does eBlu Retain Personal Data?

eBlu retains your Personal Data only if necessary and as required for our business operations, the provision of our Website and/or Services, archival purposes, and/or to satisfy legal requirements. The exact period of retention will depend on: (i) the amount, nature, and sensitivity of the Personal Data; (ii) the personal risk of harm for unauthorized use or disclosure; (iii) the purposes for which we process your Personal Data, including whether those purposes can be achieved through other means; and (iv) business operations and legal requirements. FOR PROVIDER USERS AND SUPPORT STAFF USERS ONLY: In general, eBlu strives to retain your data for no longer than seven (7) years after your User Account is closed (the “Retention Period”); however, the above factors may extend or decrease this Retention Period.

At the end of the applicable Retention Period, we will remove your Personal Data from our databases and will require that our Business Partners remove any identifiable Personal Data from their databases. If there is any data that we are unable to delete entirely from our systems for technical reasons, we will put in place appropriate measures to prevent any further processing of such data. Please note that once we disclose your Personal Data to third parties, we may not be able to access that Personal Data and we cannot force the deletion or modification of such information by third parties.

eBlu and its Business Partners reserve the right to continue using aggregated and de-identified data indefinitely, even after Personal Data has been removed from eBlu’s databases. We may continue to disclose aggregated and de-identified data to third parties in a manner that does not reveal personal information, as described in this Privacy Policy. Our continued use of aggregated and de-identified data will comport with applicable law.

What Happens to Personal Data Submitted by Minors?

eBlu does not knowingly collect Personal Data from individuals under the age of 18. Additionally, our Website and Services are not directed to individuals under the age of 18. We request that these individuals not provide Personal Data to us. If we learn that Personal Data from users under the age of 18 has been collected, we will deactivate the User Account associated with that data and take reasonable measures to promptly delete such data from our records. If you are aware of a User under the age of 18 accessing the Website or Services, please contact us at [email protected].

If you are a California resident under the age of 18 and have disclosed Personal Data to us, you may ask us to remove content or information that you have submitted through our Website or Services.

YOUR RIGHTS

What Rights Do Users Have Concerning Their Personal Data?

As a User of eBlu’s Website and/or Services, you may have certain rights relating to your Personal Data. These rights are subject to local data protection and privacy laws, and may include the right to:

• Access Personal Data held by eBlu;

• Erase/delete your Personal Data, to the extent permitted by applicable data protection and privacy laws and to the extent technologically feasible;

• Receive communications related to the processing of your Personal Data;

• Restrict the processing of your Personal Data to the extent permitted by law;

• Object to the further processing of your Personal Data, including the right to object to marketing;

• Request that your Personal Data be transferred to a third party, if possible;

• Receive your Personal Data in a structured, commonly used, and machine-readable format; and/or

• Rectify inaccurate personal information and, considering the purpose of processing the Personal Data, ensure it is complete.

Where the processing of Personal Data by eBlu is based on consent, the User or Patient has the right to withdraw that consent at any time. To withdraw consent or exercise any of the above rights, please contact us at [email protected].

FOR PROVIDER USERS AND SUPPORT STAFF USERS ONLY: How Can Users Update, Correct, or Delete Personal Data or Their User Accounts?

You have the right to request restrictions on the uses and disclosures of your Personal Data. While we are not required to agree to all restriction requests, we will attempt to accommodate reasonable requests when appropriate.

You may change Demographic Data for a User by accessing their eBlu User Account with their permission. If you need to make changes or corrections to other information, you may contact us at [email protected]. To comply with certain requests to limit the use of your Personal Data, we may need to terminate your ability to access and/or use the Website and/or some or all of the Services. BY REQUESTING TO LIMIT THE USE OF YOUR PERSONAL DATA OR DELETE PERSONAL DATA, YOU ACKNOWLEDGE AND AGREE THAT EBLU WILL NOT BE LIABLE TO YOU FOR ANY CORRESPONDING LIMITATION IN THE SCOPE OF SERVICES OR TERMINATION OF SERVICES AS NECESSARY TO COMPLY WITH YOUR REQUEST.

You have the right to request the deletion of any Personal Data from your User Account or the Platform. To request the deletion of your Personal Data, please email us at [email protected] and include a description of the Personal Data you would like removed. We will respond to all requests for data deletion as soon as reasonably possible.

Should you decide to delete your User Account entirely, you may do so by [email protected]. By terminating your User Account, you agree that you will not be able to access any information previously contained in your User Account. You further understand that it may not be technologically possible to remove all your Personal Data from our systems. While we will use reasonable efforts to remove your Personal Data, the need to back up our systems to protect information from inadvertent loss means a copy of your Personal Data may exist in a non-erasable form that will be difficult or impossible for us to locate or remove.

SAFEGUARDING PERSONAL DATA

Is Personal Data Secure?

eBlu understands the importance of data confidentiality and security. We use a combination of reasonable physical, technical, and administrative security controls to (i) maintain the security and integrity of Personal Data; (ii) protect against any threats or hazards to the security or integrity of Personal Data; and (iii) protect against unauthorized access to or use of such information in our possession or control that could result in substantial harm.

While eBlu uses reasonable security controls, WE CANNOT GUARANTEE OR WARRANT THAT SUCH TECHNIQUES WILL PREVENT UNAUTHORIZED ACCESS TO PERSONAL DATA. EBLU IS UNABLE TO GUARANTEE THE SECURITY OR INTEGRITY OF PERSONAL DATA TRANSMITTED OVER THE INTERNET, AND THERE IS NO GUARANTEE THAT PERSONAL DATA WILL NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED BY BREACH OF ANY OF OUR PHYSICAL, TECHNICAL, OR ADMINISTRATIVE SAFEGUARDS. ACCORDINGLY, WE DO NOT AND CAN NOT ENSURE OR WARRANT THE SECURITY OR INTEGRITY OF ANY PERSONAL DATA TRANSMITTED TO US. YOU ASSUME THE RISK THAT UNAUTHORIZED ENTRY OR USE, HARDWARE OR SOFTWARE FAILURE, AND OTHER FACTORS MAY COMPROMISE THE SECURITY OF PERSONAL DATA AT ANY TIME.

What Safeguards Does eBlu Have in Place to Secure Personal Data?

eBlu stores Personal Data on secured servers and uses a combination of technical, administrative, and physical safeguards to protect your personal information. Such safeguards include, but are not limited to, User authentication, encryption, backups, and access controls.

How Can Users Protect Personal Data?

FOR PROVIDER USERS AND SUPPORT STAFF USERS ONLY: Users are solely responsible for preventing unauthorized access to their User Account by protecting account credentials and limiting access to the devices used to operate the Services. ALL USERS: eBlu has no access to or control over device security settings, and it is the User’s responsibility to implement any device-level security features and protections that are appropriate (e.g., password protection, encryption, remote wipe capability). We recommend that each User takes all appropriate steps to secure any device uses to access our Website and Services.

Please note that eBlu will never send a User an email requesting confidential information, such as account numbers, usernames, passwords, or Social Security Numbers. If you receive a suspicious email from eBlu, please notify us at [email protected].

Further, if you know of or suspect any unauthorized use or disclosure of your or another User’s User Account information or any other security concern, please notify eBlu immediately.

What If eBlu Experiences a Data or Security Breach?

eBlu takes the security of Personal Data seriously. In the event of a data or security breach, eBlu will take the following actions: (i) promptly investigate the security incident, validate the root cause, and, where applicable, remediate any vulnerabilities within eBlu’s control which may have given rise to the security incident; (ii) comply with laws and regulations directly applicable to eBlu in connection with such security incident; (iii) as applicable, cooperate with any affected eBlu User or client in accordance with the terms of eBlu’s contract with such User or client, and (iv) document and record actions taken by eBlu in connection with the security incident and conduct a post-incident review of the circumstances related to the incident and actions/recommendations are taken to prevent similar security incidents in the future. eBlu will notify affected Users of any data or security breaches as required by and in accordance with applicable law.

ADVERTISING, MARKETING, AND TRACKING

Does eBlu Send Marketing or Advertisement Materials?

eBlu may use Personal Data to contact Users with newsletters, marketing, promotional materials, and other information that may be of interest to that User. Users may opt-out of receiving any marketing or advertisement materials from eBlu at any time by following the unsubscribe link or by contacting us at [email protected].

Can Users Opt-Out of Receiving Communications from eBlu?

We may send communications, including emails, to Users regarding their User Account and the Website and/or Services. Users can choose to filter any User Account, Website, and Services emails using the email settings within their User Account, but we do not provide an option for you to opt-out of these communications.

What Is eBlu’s Cookie Policy?

Cookies are small files that a web server sends to your computer or device when you visit a web application that uses cookies to keep track of your activity on that site. Cookies also exist within applications when a browser is needed to view or display certain content within the application. Cookies hold a small amount of data specific to a web application, which can later be used to help remember information you entered in the application (like your email or username), preferences selected, and movement within the application. We use cookies and other technologies to, among other things, better serve you with more tailored information and facilitate efficient and secure access to the Website and Services.

Our cookies do not, by themselves, contain Personal Data. Further, we do not combine the general information collected through cookies with any other Personal Data to identify you. However, we do use cookies to identify that your web browser has accessed aspects of the Website and/or Services and may associate that information with your User Account (if one exists).

Presently, eBlu uses cookies to monitor and manage access to the Website and Service, including for authorization and authentication purposes. In addition, eBlu may also collect information using pixel tags, web beacons, clear GIFs, or other similar technologies. This information may be used in connection with website pages and HTML-formatted email messages to, among other things, email recipients and compile statistics about usage and response rates.

How Can Users Opt-Out of Cookies?

To find out more about cookies, including how to manage and delete cookies, visit www.allaboutcookies.org. If you prefer, you can usually choose to set your browser to remove cookies and reject cookies. If you enable a do not track signal or otherwise configure your browsers to prevent us from collecting cookies, you may be unable to take advantage of the Website and/or some of the Services.

Do Not Track Disclosure

Some web browsers may transmit do not track (“DNT”) signals to websites with which the User communicates. To date, there is no industry standard for DNT, and Users cannot know how a given company responds to a DNT signal they receive from browsers. eBlu is committed to remaining apprised of DNT standards. However, eBlu does not support DNT browser settings and does not currently participate in any DNT frameworks that would allow eBlu to respond to signals or other mechanisms regarding the collection of your personal information.

CALIFORNIA PRIVACY RIGHTS

If you are a California resident, the California Consumer Privacy Act (“CCPA”) may apply to you. Please see the CCPA Attachment for an explanation of your rights.

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask for and obtain from us an annual list identifying the categories of personal customer information which we shared, if any, with our affiliates and/or third parties in the preceding calendar year for marketing purposes. This list will be provided free of charge. Contact information for such affiliates and/or third parties must be included. If you are a California resident and would like a copy of this notice, please submit a written request to the following address:

eBlu Solutions, Inc.

325 W. Main Street
Suite 1500
Louisville, KY 40202