Commitment To Privacy

Privacy is highly important to us. This Privacy Policy (this “Policy”) sets out the key elements of how we address the privacy and security of information entrusted to us by our customers through their access and use of the Fynn platform (the “Services”), as well as the privacy of information entrusted to us by business partners, prospects and others who seek information and/or contact us through Fynn.io (including any subdomains, the “Site”). The Site can be used and accessed by the public as a source of general information about Fynn.

As privacy laws and practices evolve, we will amend this Policy from time to time. While we will endeavor to give reasonable notice of such changes, we do reserve the right, where necessary, to do so without prior notice.

What Is Considered Private?

Information that is used by a government authority, financial institution, or insurance carrier to distinguish a person from other individuals (e.g., social security number, social insurance number, credit card information, or insurance policy number) is private. Such information can be used to identify an individual (e.g., a person who works at a senior living community, or a resident in a senior living community). Certain information may be used to contact a person directly (e.g., an email address, home mailing address or telephone number). Depending on the jurisdiction, the above identifiers are considered Personal Information (“PI”), Personally Identifiable Information (“PII”), Sensitive Personal Information (“SPI”) or a similar term, and it is private. An individual’s business contact information and business title generally are exempt from privacy laws. Information about an individual’s health, including insurance and billing information, is also considered – depending on the jurisdiction – to be PI, Protected Health Information (“PHI”), Personal Health Information (also known as “PHI”), Individually Identifiable Health Information (“IIHI”) or a similar term, and it also is private. In Canada and the United States, the laws that primarily govern how we deal with the PI, PII, SPI, PHI and IIHI which you provide to us in relation to the Services are listed in Table 1.

For the remainder of this Policy, we will refer to all PI, PII, SPI, PHI, IIHI, and “Health Information” as “Personal Information” unless we specifically note otherwise. If we wish to refer only to information about a specific individual’s health but not to other forms of Personal Information, we will refer to “PHI.”

This Policy also will apply to non-personal information if such information can be used in combination with other Personal Information or non-personal information to identify an individual.

Please be aware that this Policy only covers information manually submitted to, or automatically collected by, us through use of the Site and/or the Services. If you contact or exchange information with another Fynn customer or business partner in person or through a means other than through the Site or Services, such activity is not covered by this Policy. Additionally, if you are not a customer or a business partner of Fynn by way of written agreement and are contacting us out of interest in the Services, a business partnership, or a job opportunity, please be aware that the information that you share with us is not covered by this Policy, unless required by law.

Personal Information Collected By The Services

There are two ways Personal Information can be submitted to us. The first is through direct submission or what we call ‘Manual Submission’ and the second is by way of ‘Automatic Submission’ triggered by any interaction with the Site or Services through a computer, mobile device, or tablet.

Manual Submission

Personal Information can be submitted to us directly when you communicate with us offline (in person or by telephone), via email or via the Site (by entering data or uploading files) or when you authorize Fynn to access, retrieve and/or import Personal Information from another user or third party on your behalf. Additionally, if you become a customer of Fynn, you will be required to register by submitting Personal Information via the Services, email or offline. This could include name, email address, mailing address, telephone number(s) and other contact and billing information.

Automatic Submission

Whenever your computer, mobile device or tablet visits, logs in, or otherwise interacts with the Site, we gather data from your device and the operating software of your device transmits a ‘request’ to us. That request includes non-personal information that is necessary to identify and route the information your device is requesting. This communication is necessary for all website and Internet services.

We also use cookies (sometimes referred to as “web beacons” or “server logs”). Cookies are files that web browsers place on a computer’s hard drive that tell us whether customers or visitors have been to the Site previously and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit (https://www.allaboutcookies.org/). Data collected using cookies can include:

– Date and time data ‘requests’ are transmitted through the Site

– The model of the device making the request

– The type and version of the operating software running on the device

– The web browser used on the device

– IP address

– Time zone

– Search terms used

– URLs visited

– Information about cookies installed on your computer, mobile device, or tablet

– Internet service provider

– Previous activity on the Site

Additionally, we use Google Analytics to track and analyze page usage behavior to improve performance in the use of the Services and the Site. We use this to track only what page you are clicking on, and do not use it to track any Personal Information. You can read more about how Google uses your Personal Information (https://policies.google.com/privacy?hl=en). You can also opt-out of Google Analytics (https://tools.google.com/dlpage/gaoptout).

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser. While our data collection practices will not be altered, they will not be applied in situations where you have prevented the tracking from occurring.

Purpose

Fynn is a cloud-based Software-as-a-Service (SaaS) platform used to manage multiple aspects of Senior Living Community operations including sales, resident management, dining, maintenance, and family engagement. We primarily collect Personal Information as necessary to communicate with you and/or to provide the Services. Some Personal Information (but not PHI) also may be collected for marketing and sales purposes (e.g., if you complete a form to register for a webinar or download content, or if you visit a part of our Site where we deploy cookies from LinkedIn, Facebook, Twitter, etc. [in which case, their privacy policies will apply]).

Personal Information and non-personal information may be used for the following reasons:

– to register customer accounts

– to contact future and existing customers to discuss their experience with the Services

– to communicate promotions or special events which might benefit them

– to contact a prospective customer

– to provide cloud-hosted SaaS Services

– to operate, maintain, manage, and administer the Services, including processing registrations and payments and diagnosing technical problems

– to respond to questions

– to make service or administrative announcements to customers about unscheduled downtime or new features, services, products, functionality, terms, or other aspects of the Services

– to perform audits, research, measurements, and analyses to maintain, administer, support, enhance, and protect the Services, including determining usage trends and patterns and measuring the effectiveness of content, advertising, features, or services

– to create new features, products, or services

– to contribute to certain health and medical research (only non-personal information will be used) *

– to provide benchmarking and performance tracking solutions *

* We may track and analyze non-identifying, aggregate usage, and volume statistical information from our visitors and customers and may provide such information to third parties. We are committed to ensuring privacy and protecting Personal Information while providing valuable insights and analytics to enable better performance and quality.

Personal Information and non-personal information may be used for the following reasons:

– saving user preferences

– preserving session settings and activities

– providing limited auto-fill functionality for those who use the Services frequently

– analyzing various features and content of the Services

Cookies

Fynn uses a persistent cookie to help save and retrieve org codes for a user who has accessed the Services. We issue a session cookie [1] only to record encrypted authentication information for the duration of a specific session. The session cookie does not include the username or password of a customer. For user convenience, in relation to touchscreen logins, we also use a non-session-based cookie to store a user’s ID; however, this is configurable. We do not store passwords in session cookies, persistent cookies or headers. If a cookie is rejected, access to and usage of the Services will be denied. The Site uses cookies and other tracking technology to give you the best user experience. For information on how to turn your cookies off (https://support.google.com/accounts/answer/61416?co=GENIE.Platform%3DDesktop&hl=en). For information on the types of cookies we use, please access https://policies.google.com/privacy?hl=en-US.

We will never sell your Personal Information (or non-personal information if it can be used in any way to identify you).

We may update this privacy policy from time to time to reflect, for example, changes to our practices or for operational, statutory, regulatory, or other legal reasons.

Support, Education Services, And Purchase Orders

Personal Information collected through the Site may be accessed and used by Fynn to respond to customer requests for support, to provide education or consulting services and/or to confirm customer compliance with the terms of its purchase (as set forth in signed orders). This may include testing and applying new product or system versions, patches, updates and upgrades; monitoring and testing system usage and performance; and resolving bugs and other issues which a customer reports to Fynn.

Personal Information collected for these purposes is only used for time periods relevant to fulfill such purposes.

Surveys

From time to time, we may ask customers to complete surveys or ratings pertaining to Services delivered. You should assume that the content of any Personal Information you provide would not be maintained in confidence. We will, however, tell you why we are collecting your responses and how they will be used. In completing such surveys, be mindful of what Personal Information is disclosed. We recommend against sharing any PI, PHI or other sensitive information that could be traced, directly or indirectly, to any individual.

Consent And Authorization

By visiting the Site, you are consenting to the use of your Personal Information for the aforementioned purposes. On occasion, we may request additional consent in connection with the use or sharing of Personal Information for a purpose not stated in this Policy or because the law requires such consent.

If you are a customer or business partner of Fynn, we will never use your Personal Information in a manner not otherwise provided for in our written contracts with you, authorization forms you provide to us, or this Policy.

Protecting Health Information

In the United States, the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health of 2009 (“HITECH”), along with the regulations adopted under those statutes, and similar state laws (where those laws are more stringent than HIPAA) govern the handling of PHI. Other laws may apply with respect to specific customers, as set forth in our contracts with those customers. Health care providers are Covered Entities under HIPAA and are subject to its rules regarding PHI. If a provider delegates some of its work to a third party, and that party must access PHI in order to perform the work, then such party is considered by HIPAA to be a Business Associate and is subject to the same rules regarding the protection of PHI as the Covered Entity. To enforce protection, HIPAA requires Covered Entities to execute a “Business Associate Agreement” or ”BAA” with each of its Business Associates. U.S.-based customers who are health care providers are required to sign a BAA with us. As a Business Associate, we are required to use reasonable and appropriate measures to safeguard the confidentiality, integrity and accessibility of PHI that is stored and processed on behalf of Covered Entities. From time to time, the terms of Fynn’s standard BAA and/or similar agreements may be posted on the Site.

Sharing Your Personal Information

Third-Party Websites, Software, And Services

Our Site may contain links to third-party websites, software, and services. Customers and visitors who access a linked website via the Site may be disclosing Personal Information. It is the responsibility of the user to keep Personal Information private and confidential. Additionally, we allow third-parties to offer services to our customers through integrations with Fynn. Customers that choose to use such integrated services acknowledge and authorize the transmission of Personal Information to a third party. We are not responsible for, nor can we control, the privacy practices of third parties. A third party’s use, storage, and sharing of your Personal Information is subject to its own privacy policies and not this Policy.

Business Reorganizations Or New Management

There are two situations where we will need to share your Personal Information with a third party as a result of a business reorganization. The first situation concerns the acquisition of Fynn by a third party, and the second concerns the acquisition of our customers. A reorganization involves a sale, merger, transfer, exchange, or other disposition of all or part of a business. If such a transaction occurs, be aware that your Personal Information may be made available to the acquiring party. If the reorganization concerns one of our customers, Fynn requires the parties participating in the sale show written evidence of the completed transaction, or some alternate form of written authorization (by both the buyer and the seller), to transfer Personal Information hosted by the Services from the seller to the buyer. A change in management of a customer community could involve similar authorization requirements, if data must be transferred from the prior management company to the new management company (or to the owner). We will not disclose your Personal Information to a party without sufficient and proper authorization from you, unless required by law.

Legal Procedures

We may need to preserve, use, or disclose your Personal Information in response to a court order, subpoena, search warrant, judicial proceeding, or other legal process if we have a good faith belief that the law requires us to do so, or to otherwise protect our rights. Some legal procedures may prohibit or prevent us from notifying users, other individuals, or entities identified in such procedures or may compel us to take measures otherwise in violation of this Policy or a written agreement you have with us.

Personal Information preserved because of legal procedures can be maintained for an indefinite period of time and for as long as we have a good faith belief that it is necessary and appropriate under the circumstances. These procedures may also involve your information; for example, if your contractual relationship with us has been terminated or disabled.

Security, Threats, And Breach Notification

Our Services have physical, administrative, and technical security measures in place to protect against the loss, misuse, unauthorized access, and alteration of data and Personal Information under our direct control. When the Services are accessed using current browser technology, Secure Socket Layer (“SSL”) technology protects information using both server authentication and data encryption to help ensure that data is safe, secure, and available only to you. Fynn also implements an advanced security methodology based on dynamic data and encoded session identifications, and hosts the Services in a secure server environment which uses a firewall and other advanced technology to prevent interference or access from outside intruders. Unique user names and passwords also are required and must be entered each time a customer logs into the Services.

We are committed to educating our staff about the protection of Personal Information and the importance of compliance with relevant privacy legislation and company policies. Employees and contractors are required to sign confidentiality agreements.

These safeguards help prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of Personal Information; however, it is important to remember that no system can guarantee 100% security at all times. In the event that we detect a threat to security or a security vulnerability, we may attempt to contact you to recommend protective measures. Additionally, incidents of suspected or actual unauthorized handling of Personal Information are always directed to Fynn’s Legal team which is responsible for determining escalation and response procedures, depending on the severity and nature of the incident. Incidents involving unauthorized handling of PHI will be governed by relevant legislation. If Fynn determines that Personal Information has been misappropriated or otherwise wrongly acquired, Fynn will report such misappropriation or acquisition to you promptly.

Openness, Transparency And Access To Personal Information

Upon written request by an authorized individual, Fynn will allow access to any PHI collected and stored about such individual, unless providing access could reasonably be expected to interfere with the administration or enforcement of the law or it is impracticable or impossible for Fynn to retrieve the PHI. However, Fynn will first direct the individual to the applicable customer with the request that the customer provide such access to the individual as the majority of our contracts make the customer the appropriate party to respond to access requests. When provided with reliable evidence of an error in PHI data, Fynn will correct any inaccurate PHI, unless to do so would interfere with the administration or enforcement of the law. However, where such a request comes from an individual whose PHI allegedly contains an error, Fynn will first direct the individual to the applicable customer, with the request that the customer review the request and inform Fynn whether there is, in fact, any merit to the claim that an error exists (and, if so, will require the customer’s written authorization and instruction to correct such error). Unless otherwise prohibited or restricted by the applicable customer, Fynn may transmit any corrected PHI to third parties that have had access to the erroneous PHI. Please note that any deletions performed by Fynn to correct an error in PHI will only be “soft” deletes (i.e., the data will no longer be viewable from the front end of the platform). In order to be able to address any concerns about fraud which may be raised in the future by, for example, a resident or a government agency, we will retain evidence of: (i) the deletion; (ii) your authorization to make the deletion; and, (iii) the prior version of the data.

If customers or their users need to update or change their Personal Information stored by us, they may do so by editing the organization or user record via the Services.

If you are a European resident, please note that we may process your information in order to fulfill a contract with a customer in whose facility you are a resident. Also note that your information will be stored and accessed outside of Europe, which may include Canada and/or the United States.

Retention And Deletion

Fynn will retain Personal Information: as necessary for the purposes outlined in this Policy; for as long as a customer account remains active; as required to manage and administer the Services; as required to carry out legal responsibilities (e.g., legal holds and other legal procedures); to resolve a dispute (including enforcement of a contract); or, as communicated to you at the time of collection. After all applicable retention periods have expired, we will delete or destroy your Personal Information in a manner designed to ensure that it cannot be reconstructed or read. If, at any time, it is not feasible for us to delete or destroy your Personal Information, we will continue using the same safeguards of protection and security outlined in this Policy and related subordinate policies, for as long as it cannot be destroyed.

Opt-Out Policy

We offer visitors to the Site and our customers using the Services a means to choose how we may use the information they provide to us. If, at any time, you change your mind about:

1. our use of Personal Information submitted to the Site;

2. our use of Personal Information submitted via the Services;

3. receiving notices from us (including automatic notifications about updates to the Services and the frequency with which we send you such messages); or

4. receiving marketing or sales notices from us, including special offers, product enhancement details, event information, etc.;

5. sharing your non-personal information with third parties (as described in this Policy), send us a request specifying your choice or change of permission by contacting us.

Please note that if you choose to impose certain restrictions on our use of your Personal Information – e.g., if we may no longer access your database to perform any necessary quality testing or disaster recovery testing – you may no longer be able to use the Services. Similarly, if you choose to unsubscribe from receiving notifications or messages from us, your customer experience in using the Services may be compromised. If complying with your request would result in termination of the Services, we will make that clear to you and confirm that this is what you want before proceeding.

Changes

We may update this privacy policy from time to time to reflect changes to our practices or for other operational, statutory, regulatory, or other legal reasons.

Contact Us

If you believe your Personal Information has been used in a way that is inconsistent with this Policy or your specified preferences, or if you have further questions related to our privacy practices, please contact privacy@fynn.io, or by mail at the address below:

Galerie Technology, LLC

3424 Peachtree Rd NE

Suite 1780

Atlanta, GA 30326

Last Updated:   October 2023

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