Policy Effective March 10, 2023

What This Privacy Policy Covers:

This policy describes how Fenyx Health Insurance Company (“Fenyx Health”, “we” or “us”) may collect information about you through your interactions with us on our website that contain a link to this statement (collectively, the “Services”). Your use of the Services indicates your acceptance of the Privacy Policy.

If member information is collected through the Services, please refer to your Membership Notice of Privacy Practices and not this Privacy Policy. If you are a member covered under a Fenyx Health Group MSA Plan, this Notice can be found in your plan materials or by asking your group’s benefits administrator.

Updates to this Privacy Policy:

We may update this Privacy Policy from time to time. The date of update is listed at the top of the policy. Use of the Services on or after the effective date indicate your acceptance of revisions.

Who May Use Our Services:

Our website is designed for a general, adult audience and not directed to children under the age of 13. We do not knowingly collect personal information online from any person we know to be under the age of 13.

Additionally, our website is not designed for nor intended to provide any information about Medicare Medical Savings Accounts (MSAs) for an individual (i.e., not a group representative or a group beneficiary).

How We Protect Your Information:

Keeping your information secure and confidential is important to you and us. We use a combination of technical, administrative and physical security measures to protect your personal information from unauthorized access, disclosure, use or changes. We have a robust disaster recover plan in place, and regularly review and test our security practices and Services. Please note that despite best efforts, no security measure or combination of measures are 100% secure.

Please consider data protection your responsibility, too. Do not provide information you consider confidential to us via email, our website contact form or our social media platforms; our online enrollment forms and mechanisms are protected and can be used to submit personal information as part of your enrollment into one of our plans.

The Types of Information We Collect:

We may collect the following types of personal information:

• Contact information such as name, address, email, phone number and certain personal device information
• Your password, if you create an account
• Demographic information such as age, date of birth, sex/gender
• Language preference
• Social Security number
• Device information such as web browser information, the device’s physical location, internet protocol (IP) address, server log files and cookies, pixels, tags, beacons and other tracking information

We collect traffic and usage patterns from our online Services using cookies, pixels, web server logs and other similar technologies. We use this information for a variety of purposes such as enhancing our online Services, troubleshooting and fixing problems, personalizing your experience, measuring success of operational efforts and general administration of our services and Services.

When you access our Services via a web browser, we can send your browser a bit of data called a “cookie.” The cookie cannot read, access or transmit any of the data or personal information stored on your device. Check with your browser on how to accept or reject cookies.

An IP address is a number automatically assigned to the device you are using by your Internet Service Provider, or ISP. An IP address may be identified and logged in our server log files, along with the time of visit and page(s) visited, when accessing our Services.

The various tracking technologies used by our Services may collect and record your activities across our online services to provide us with analytics and improve our products and services.

How and When We Collect Information:

We collect personal information through interactions such as when you sign up with or interact with our products or services; request products, information or services from us; enter into a transaction with us, and more.

We may collect device information automatically.

Providing personal information for the purposes of seeking and/or enrolling in health insurance coverage is a voluntary submission of personal information under applicable law. If you choose not to provide your personal information, we may not be able to provide you with your requested products, services or information.

How You Can Update Your Information:

You can update the information you provided to us by emailing compliance@fenyxhealth.com.

How We Use Your Information:

We use your information in a variety of ways, such as:

• Communicating with you: We use your information to deliver our products and services, and to respond to your requests. We may also use your information to send marketing and administrative information to you.
• Communicating with our business partners, affiliates and service providers: As allowed by law, we may give your information to our business partners, affiliates and service partners who help us deliver our products and services. They may use it to send you administrative and/or marketing information.
• Internal business purposes: We may use your information for various internal business purposes to run and grow our business. Also, we may use or share your information to enforce our terms and conditions; to protect our operations, or to protect the rights, privacy, safety or property of us, our partners and affiliates, you or others. We may also use and share your information to investigate security breaches.
• Responding to law enforcement officials: If required by law enforcement officials or judicial authorities, we may share your information.
• For a sale or transfer of business assets: We may share or transfer your information to other parties if some or all of our business, assets or stock are sold, transferred or used as security, including any connection with bankruptcy or similar proceedings.
• In legal matters: We may use or share your information, including without court process, in matters involving claims of personal or public safety, or in litigation, where the information is pertinent. This may include use or sharing your information in the pursuit of remedies or to limit the damages we may sustain.

We may use and share information that does not personally identify you for any purpose except as limited by applicable law. To the extent we are required to treat such information as personal information under said law, we may use it for all the purposes we use and share personal information.

If we combine personal information with information that does not personally identify you, we will treat the combined information as personal information for the duration it stays combined.

Third-party Services:

Our Services may contain links to, or otherwise make available, third-party websites, services or other resources that are not operated by us or on our behalf (“Third-party Services”). We are not responsible for any Third-party Services.

Contact Us With Questions or Concerns:

Please contact the Fenyx Health Compliance Office at compliance@fenyxhealth.com

Terms of Use Effective March 10, 2023

Fenyx Health Terms of Use

These Terms of Use (the “Terms”) apply to websites and other technology and software applications we operate and that contain a link to these Terms (an “Application” or “Applications”). By using our Applications, you agree to these Terms.

We may modify these Terms at any time by posting the revised Terms on the Applications. You can determine when these Terms were last revised by referring to the “EFFECTIVE” legend at the top of these Terms. Any modifications will be effective immediately upon such posting. Your use of or access to the Applications after such modifications are posted will signify your acceptance of the modifications and your agreement to be bound by them. Notwithstanding the foregoing, any modifications to these Terms shall not apply to any dispute between us arising prior to the date on which we post the revised Terms that contain such modifications.

Information on the Applications is provided “AS IS” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The data set forth herein is for informational purposes only, and no warranty is made that the information is error-free. Please note that once you leave an Application or arrive at an Application from another non-Fenyx Health location, either by using a link we may have provided for your convenience or by specifying your own destination, Fenyx Health accepts no responsibility for the content, products and/or services provided at these non-Fenyx Health locations. Fenyx Health does not control, endorse, promote or have any affiliation with any other website or software application unless expressly stated herein.

Limitation of Liability

FENYX HEALTH, IN NO EVENT, WILL BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE APPLICATIONS, OR ANY OTHER HYPER-LINKED WEBSITE OR SOFTWARE APPLICATION, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA ON YOUR EQUIPMENT, OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.

Changes and Notice of Changes to Applications

Applications and the information contained therein may be modified without notice. Outside of obligations required by law and regulation, Fenyx Health has no obligation to update Applications or information presented on/in the Applications within a certain timeframe, so the Application and/or information may be out of date at any given time.

Third-party Resources

Our Applications may contain links to, or otherwise make available, third-party sites, services, products, information, content, materials, merchandise, functionality and/or other resources (“Third Party Resources”). These Third Party Resources and links and access to them are provided for your convenience and reference only, and should not be construed as any endorsement, authorization, or sponsorship of such resources. We do not control such Third Party Resources and, therefore, we are not responsible for such Third Party Resources, or any content posted on or made available by such Third Party Resources. Be aware that we do not control, and we make no guarantees about, and disclaims any express or implied representations or warranties about such Third Party Resources, including without limitation the security of any materials, or the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on or made available by such Third Party Resources or any other Internet sites. We reserve the right to terminate such links or such access at any time. Because some Third Party Resources employ automated search results or otherwise link you to Third Party Resources containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in or made available by Third Party Resources, and you hereby irrevocably waive any claim against us with respect to such Third Party Resources. Your use of any Third Party Resources is subject to the third party’s terms, conditions and policies applicable to such products, services or materials (such as Terms of Service or Privacy Policies of the providers of such products, services or materials). We are not responsible for the privacy and security of any information you share with that third party, including your credit card or payment information. When you elect to receive these services from a third party, you agree to hold that third party responsible for any unauthorized use or disclosure of your personal information.