Consumer Health Data Privacy Notice

This Consumer Health Data Privacy Notice ("Notice") explains what consumer health data Digital Therapeutics, Inc. dba Pelago ("Pelago," "we," "us," or "our") collects through our Sona mobile application and/or the desktop equivalent ("Sona" or "the App"), how we collect and use that information, and to whom we disclose it. Capitalized terms not otherwise defined in this Notice have the meanings given to them in our Privacy Policy.

This Notice is for Connecticut, Nevada, and Washington residents about whom we collect consumer health data and is intended to provide notices in compliance with the Connecticut Data Privacy Act, Nevada's SB 370, and Washington's My Health, My Data Act. This Notice incorporates our Terms of Use, which governs your use of the App, and the Sona Privacy Statement, which we encourage you to review to learn more about our privacy practices.

This Notice does not apply to information we collect from individuals in a business-to-business or employment context, or to information that is subject to certain federal and state regulations such as "protected health information" or "PHI" that is subject to the Health Insurance Portability and Accountability Act ("HIPAA"). You can find more information about our collection and use of PHI in our Notice of Privacy Practices.

Please note that we are providing the following disclosures and rights in this Notice in the interest of transparency. Such disclosures and rights are not intended to waive any applicable exemptions under state and federal law.

1. Collection of Consumer Health Data

For purposes of this Notice, "personal data" means information that identifies or is reasonably capable of being associated or linked, directly or indirectly, with an individual in Connecticut, Nevada, and/or Washington. Personal data does not include de-identified data or publicly available information. "Consumer health data" means personal data that is linked or reasonably linkable to an individual and that identifies the individual's past, present, or future health status or mental health status, as may be applicable.

We offer chat services and thus may collect any personal data that you input into your chats. It is ultimately your choice what personal data, including consumer health data, you choose to share with the App. In addition to information collected through our chat services, we may collect the following categories of consumer health data:

• Individual health condition, treatment, disease, or diagnosis/diagnostic testing information.
• Social, psychological, behavioral, and medical intervention information.
• Health-related surgery or procedure information.
• Information about your use or purchase of prescribed medication.
• Reproductive or sexual health information.
• Gender affirming care information.
• Data that identifies you seeking health services.
• Symptoms, vital signs, or measurement of health information.
• Information about your access to healthcare, including precise location information that could reasonably indicate an attempt to acquire or receive health services or supplies.
• Information that we or our service providers process to associate or identify you with above information, or any other information relating to physical or mental health treatments, conditions, or statuses that may be derived from non-health information (such as inferred data).

2. Sources of Consumer Health Data

• Directly from you through your interactions with us, such as when you register for or use the App, complete electronic forms, or otherwise communicate with us.
• Our service providers (including those providing hosting and analytics services), in accordance with applicable law and the context in which you provided the data. For example, we may collect consumer health data if you use a chat feature on the App, which is provided by our third-party service providers, Anthropic and ElevenLabs, on our behalf.
• Coaches, healthcare providers, medical professionals, health plans, pharmacy benefits manager, employer group plan, or other payors, consistent with your privacy settings in the App.
• Corporate affiliates, including parent entities, subsidiaries, business units, and other companies that share common ownership.

Note that we may use Cookies that collect data to enhance experience on the App and to analyze usage on the App. However, we do not use Cookies that could be considered a "sale" of consumer health data.

3. Use of Consumer Health Data

We use the consumer health data we collect:

• To fulfill the purposes for which the information was provided (e.g., to provide a service or perform on a contract).
• To provide, operate, maintain, improve, personalize, and expand the App.
• To determine whether you qualify for our services based on your place of residency.
• To communicate with you, including to provide customer service, enable you to sign up for the App, and provide you with updates about the App.
• To develop the App, including for training purposes related to our own artificial intelligence technology.
• To perform internal analytics, research, and development.
• For marketing and promotional purposes.
• To market the products and services of others.
• For internal business purposes, including general business administration.
• For systems and data security, including to prevent unauthorized, improper, or illegal activities on the App.
• To comply with our legal obligations, including responding to subpoenas, court orders, or legal process; and to establish or exercise our legal rights or defenses against legal claims.
• To enforce the legal or contractual terms that govern the App.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets.
• For purposes disclosed at the time you provide your information or as otherwise set forth in this Notice.
• Any other purpose consistent with your consent and expressed preferences.
• As otherwise required or permitted by law.

4. Disclosure of Consumer Health Data

We may disclose any or all the above categories of consumer health data to the following parties, in accordance with applicable law and the context in which you provided the information:

• Our service providers (including those hosting or analyzing data on our behalf). For example, if you use a chat feature on the App, the information provided is recorded and stored by our third-party service providers, Anthropic and ElevenLabs, on our behalf.
• Coaches, healthcare providers, medical professionals, health plans, pharmacy benefits manager, employer group plan, or other payors, consistent with your privacy settings, when information is necessary to provide the App, determine program eligibility, or to comply with legal and regulatory obligations.
• Corporate affiliates, including parent entities, subsidiaries, business units, and other companies that share common ownership.
• Business transferees, if we are involved in a merger, acquisition, asset sale, or other corporate combination.
• Other third parties with your consent.

Additionally, under certain circumstances, we may be required to disclose your consumer health data if required to do so by law, in response to valid requests by public authorities, or in response to a threat of harm involving an individual's health or safety.

5. Your Privacy Rights

Connecticut residents have the following rights in relation to your consumer health data, subject to certain exceptions:

• Right to know and access. You have the right to know what consumer health data we process, as the term is defined under applicable law. You may ask us to provide you with a portable copy of this information.
• Right to delete. You have the right to request under certain circumstances that we, as well as our service providers and contractors, delete the consumer health data that we collect about you.
• Right to correct inaccurate consumer health data. You have the right to request the correction of inaccurate consumer health data.
• Right to opt out. You have the right to opt out of targeted advertising, our sale of your consumer health data, and profiling decisions that could produce legal or similarly significant effects.
• Rights concerning sensitive personal data. We cannot process your sensitive personal data, including consumer health data, or use your consumer health data for certain purposes without your affirmative consent.
• Right to non-discrimination. You have the right not to receive discriminatory treatment for the exercise of the privacy rights described above.

Nevada and Washington residents have the following rights in relation to your consumer health data, subject to certain exceptions:

• Right to know. You have the right to know what consumer health data we collect, share, or sell, as those terms are defined under applicable law. You also have the right to obtain a list of all third parties and affiliates with whom we have shared or sold your consumer health data, and an active email address or other mechanism that you may use to contact these third parties. If you are a Washington resident, you also have the right to access your consumer health data that we collect, share, or sell.
• Right to withdraw consent. You have the right to withdraw consent from the collection and sharing of your consumer health data.
• Right to delete. You have the right to request that we, as well as our service providers and contractors, delete the consumer health data that we collect about you.
• Right to non-discrimination. You have the right not to receive discriminatory treatment for the exercise of the privacy rights described above.

a. How to exercise your rights

You may submit a request pursuant to any of these rights by contacting us at privacy@pelagohealth.com.

We do not charge a fee to process or respond to your request unless it is excessive, repetitive, manifestly unfounded, or in accordance with applicable law. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. We will respond to your request within forty-five (45) days after receipt, and we reserve the right to extend the response time by an additional forty-five (45) days when reasonably necessary, provided consumer notification of the extension is made within the first forty-five (45) days.

We cannot respond to your request or provide you with consumer health data if we cannot verify or authenticate your identity or authority to make the request and confirm that the consumer health data relates to you. We will only use consumer health data provided in a verifiable or authenticated consumer request to verify your identity. Connecticut residents may designate an authorized agent to submit a request on your behalf, and if so, we may require proof of the agent's authorization by you and/or verification of the agent's own identity.

If you are a visually impaired customer, a customer who has another disability or a customer who seeks support in another language, you may access your privacy rights by emailing us at privacy@pelagohealth.com.

b. How to appeal decisions about your rights

Residents of Connecticut, Nevada, and Washington can appeal decisions about privacy rights in the following ways:

• Connecticut. If you are a Connecticut resident and want to appeal our decision regarding a request, please contact us. Within sixty (60) days of receipt of an appeal, we will inform you in writing of any action taken or not taken. If the appeal is denied, you may contact Connecticut's Office of the Attorney General by phone at (860) 808-5420 or by submitting a form here.
• Nevada. If you are a Nevada resident and want to appeal our decision, please contact us. Within forty-five (45) days of receipt of an appeal, we will inform you in writing of any action taken or not taken. If your appeal is not successful, you may submit a complaint with the Nevada Attorney General here.
• Washington. If you are a Washington resident and want to appeal our decision, please contact us. Within forty-five (45) days of receipt of an appeal, we will inform you in writing of any action taken or not taken. If the appeal is denied, you may contact Washington's Office of the Attorney General by phone at (800) 551-4636 or by submitting a complaint here.

6. Changes to This Notice

We may update this Notice from time to time. We will notify you of any changes consistent with applicable law, including by posting the new Notice on this page and updating the "effective date" at the top of this Notice. We recommend reviewing this Notice periodically for any changes. Changes to this Notice are effective when they are posted on this page.

7. Contact Us

If you have any questions or concerns about this Notice, please contact us: