Last Updated: May 4, 2023

Toothpicker Holdings, Inc. d/b/a Kennar Health (“Kennar Health,” “Kennar”, “our,” “us,” or “we”) is committed to protecting the privacy and security of the information of our website visitors, platform users, including patients. We want you to understand how we collect and use information from our website, https://kennarhealth.com/ and the Kennar Health mobile application (the “Platform”) and Kennar services connected to the Platform specifically but not limited to offering data integration and patient communication services to health care providers (each a “Service” and together with the Platform, the “Services”). This Privacy Policy applies to all visitors to the Platform (“Visitors”) and registered users of the Platform and Services, whether used for a fee or for free (“Provider Account Holders” or “Patient Account Holders”, collectively the “Holders”, and Holders collectively with Visitors, the “Users”), whether used for a fee or for free, and governs the collection, processing, storage, transmission and use of information provided in connection with use of the Platform and the Services. By using the Services, Users accept and agree to the practices this Privacy Policy describes.

When Users use our Services, Kennar may receive protected health information and we may collect, use, and disclose other personally identifiable information. Under the Health Insurance Portability and Accountability Act and its implementing regulations (“HIPAA”), certain demographic, health, and/or health-related information that Kennar receives as part of providing the Services may be considered “protected health information” or “PHI.” HIPAA provides specific protections for the privacy and security of PHI and restricts how PHI is used and disclosed. If applicable, Kennar may only use and disclose Patient Account Holders’ PHI in the ways permitted by our agreement with health care providers, as authorized by Patient Account Holders or otherwise in compliance with HIPAA. In addition, “personally identifiable information,” as used in this Policy, is information that specifically identifies an individual, such as an individual’s name, address, telephone number, e-mail address, or other similar information that can be used to identify Patient Account Holders, including patients, any individuals that act as a parent, guardian or other legal representative of a patient or individuals who are authorized to access patient accounts on the Platform or other Users. Personally identifiable information also includes information about an individual’s activity on our Services, including profile information and other identifiable information entered by Users. PHI and personally identifiable information are collected referred to in this Policy as “Information.”

What Information Do We Collect?

When Users use our Services, we may collect and use Information as well as other non-individually identifiable information. To participate in certain features of the Services, Users may be required to provide certain personal information. For example, when registering as a Provider Account Holder or Patient Account Holder, we may ask for your name, e-mail address, birth date, mailing address, zip code, phone number, credit card information or other personal information. We may also collect information that Users provide directly to use by voluntarily filling in forms on the Platform, including transactional information or customer service information.

When Users browse our Platform or use any of our Services, we also automatically receive their computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. We may also use “cookies” and other tracking technologies to enhance your experience and gather information about our Platform visitors. Please see the section below called “How We use Cookies and Pixel Tags” to learn more.

How Do We Use Your Information?

We may use your Information we collect from when Users use the Services to:

• provide care coordination and care management services to Patient Account Holders or on behalf of Provider Account Holders
• for our operations, which include internal administration and planning and various activities that improve the quality and cost effectiveness of the services that we deliver to Users;
• provide Users with services or information that Users request from us;
• verify User identity in connect with account creation;
• notify Users about changes in the Services we offer;
• allow Users to participate in in any interactive features on the Services;
• personalize Users Services;
• contact Users when necessary or requested;
• process transactions via a third-party payment processor;
• send Users communications to inform you of special events, programs, or other offers;
• send Users information about Kennar or our Services, including by letter, email, text, telephone, or other forms of communication (to the extent you have not opted out of receiving marketing communications);
• provide Users with information about third-party businesses, products, and services, including by letter, email, text, telephone, or other forms of communication (to the extent Users have not opted out of receiving marketing communications);
• troubleshoot problems with the Services, as requested;
• enforce the Terms of Service, and to detect and protect against error, fraud, and other unauthorized or illegal activities;
• operate and improve the Services available through us;
• evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which your Information held by us about our consumers is among the assets transferred.

How We Use Cookies

We use cookies in a range of ways to improve Users experience on our Platform. We may automatically collect certain information when Users visit the Platform, including through cookies, web beacons and other technologies. Such cookies include strictly necessary cookies, performance cookies, functional cookies, and targeting cookies. For example, we may use analytics cookies to generate and analyze statistics about Users use of the Platform and functional cookies to improve and customize your experience with the Platform. We may also use marketing cookies to collect aggregate information about Platform users. The information collected for these purposes (including Users IP address and other information collected by automated means) may be disclosed to or collected directly by our third- party web analytics service providers, such as Google Analytics.

A “cookie” is a small computer file that is sent to your computer when Users visit a website. When Users visit the website again, the cookie allows that website to recognize your browser. Cookies may store user preferences and other information. Users can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Keep in mind, however, that some website features or services may not function properly without cookies.

A “pixel tag” is a type of technology placed on a website or within the body of an email for the purpose of tracking activity on websites, or when emails are opened or accessed, and is often used in combination with cookies.

While we use cookies and pixel tags, we do not track our users across websites or over time.

“Do Not Track” Request

Our Services currently do not respond to “do not track” or similar signals.

How Do We Share Your Information?

We do not sell or rent Users Information collected through the Services to anyone.

We may also disclose Users Information as follows:

• with health care or other service providers, including Provider Account Holders, to assist in the providing of Services;
• to individuals that Users have consented to;
• with contractors, service providers, and other third-parties we use to support our business in compliance with HIPAA;
• to fulfil the purpose for which Users provide it;
• with Users consent;
• to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Users Information held by us about the Platform users is among the assets transferred;
• to enforce any agreement, including any applicable terms of service;
• to establish or exercise our right to defend against legal claims;
• to law enforcement and other government authorities such as legislatures, courts, agencies and litigants if we reasonably believe that such action is necessary to: (a) comply with the law and the reasonable requests of governmental authorities; (b) comply with legal process; (c) respond to requests from public or government authorities, including public or government authorities outside Users country of residence; (d) protect the security or integrity of the Services’ information systems; and/or (e) exercise or protect our rights, privacy, safety or those of affiliates, clients, Users or others; and
• if we reasonably believe disclosure is necessary or appropriate to protect the rights, property, or safety of Kennar or others.

How Do We Protect Your Information?

To protect User Information, we take commercially reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered, or destroyed. However, no data protection procedures are entirely infallible. As a result, while we strive to protect User Information, we cannot guarantee that it will be 100% secure. Users transmission of your data to our Platform thus is done entirely at their own risk.

How Long Do We Retain Your Information?

We will only retain User Information for as long as necessary to fulfil the purposes for which it was collected, including for the purposes of satisfying any legal, regulatory accounting, or reporting requirements. In some circumstances, Users may ask us to delete Users Information: see the Your Privacy Rights section for further information. In some circumstances, we may anonymize User Information (so that it can no longer be associated with Users) for research or statistical purposes, in which case we may use this Information indefinitely without further notice to User.

Third-Party Websites

The Platform may contain links to other websites, including those of third parties or business partners. While we seek to link only to websites that share our high standards and respect for privacy, we cannot be responsible for the privacy practices other websites use. By accessing other third-party websites or applications through our Services, Users are consenting to the terms and privacy policies of those websites. It is possible that other parties may collect information about User online activities over time and across different websites when User use our Services.

Your Privacy Rights

User may send us an email at [email protected] to request access to, correct or update, or delete any Information that Users have provided to us. However, we may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Age of Consent

In accordance with the Children's Online Privacy Protection Act ("COPPA") and other US state laws, our Services are not marketed to children under thirteen (13) years of age and Users may not sign up for our Services if they are under 13 years of age. If Users learn that a child under the age of 13 has created an account with Kennar, please contact us at [email protected].

Notwithstanding the foregoing, a parent or legal guardian of a child may share the child’s Information with Kennar to provide them with care coordination of services. We ask that Information about children under the age of majority not be provided to Kennar without the prior consent of the child’s parent or legal guardian. By providing the Information of a child under the age of 13, Users are affirming that they are legally authorized to provide such Information

California Visitors

California's "Shine the Light" law (Civil Code Section § 1798.83) permits Users of our Platform that are California residents to request certain information regarding our disclosure of User Information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected] or write us at: 100 Duffy Avenue, Suite 510, Hicksville, NY 11801.

International Visitors

Our Services are hosted and operated in the United States. Unless Users have been informed otherwise, by using the Services, Users are consenting to the transfer of their Information to the United States. If Users are accessing the Services from outside of the United States, please be advised that United States’ law may not offer the same privacy protections as the laws of Users jurisdiction.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the Platform. If we make material changes to this policy, we will notify Users here that it has been updated, so that Users are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

Contacting Us

We welcome any questions, comments, or complaints Users have may have regarding this Privacy Policy. Please do not hesitate to contact us at:

[email protected]

100 Duffy Avenue, Suite 510, Hicksville, NY 11801