Privacy Policy‍

Version 1

Last Update: April 2023

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

INTRODUCTION

We at Glimmer Inc. (“we”, “us”, “the Company”, or “Glimmer”) value your privacy and are committed to keeping your personal data confidential. We use your data solely in the context of providing the Glimmer platform and Glimmer website (collectively, the “Platform”) and providing services that match individuals to mental health services provided by independent licensed health care providers. Your data will be used for all relevant content and functionality associated with the Platform and the matching services (collectively, the “Services”) for use by qualified mental health providers (“Provider Users”) to provide services and care to clients (“Client Users”). If you are reading this Client User Privacy Policy, you are a Client User.

This Client User Privacy Policy applies to personal data that Glimmer collects from Client Users of the Glimmer Platform and the Services (“Personal Data”). 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.

Some of the Personal Data we collect and transmit may be considered “health data” (i.e., data related to your physical or mental health), “protected health information” or “PHI” (i.e., information that relates to your past, present, or future physical or mental health or condition(s); the provision of health care to you; or the past, present, or future payment for the provision of health care to you), and/or medical records as defined by United States (“U.S.”) state law.

We believe that privacy and transparency about the use of your Personal Data are of utmost importance. Therefore, our privacy practices are intended to comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”), the Canadian Personal Information Protection and Electronic Documents Act (“PIPEDA”), and the Personal Health Information Protection Act (“PHIPA”), as well as relevant U.S. state law, and relevant Canadian provincial or territorial law related to the use and disclosure of medical records, where applicable. Additionally, in this Client User Privacy Policy, we provide you with detailed information about our collection, use, maintenance, and disclosure of your Personal Data. The Client User 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.

IMPORTANT NOTE: This Privacy Policy applies to Protected Health Information that you provide to us for purposes of obtaining mental health care through the Services, which is subject to your provider’s HIPAA Notice of Privacy Practices, and information that is not PHI. Your provider’s Notice of Privacy Practices describes how your provider can use and share your PHI and also describes your rights with respect to your PHI. This Privacy Policy supplements the Notice of Privacy Practices for PHI. Your provider’s Notice of Privacy Practices is a separate document that governs how medical information about you may be used and disclosed by your provider. If there is ever any conflict between this Privacy Policy and the Notice of Privacy Practices, the Notice of Privacy Practices will apply. The Notice of Privacy Practices does not apply to information that is not PHI.

For additional information related to how we use and disclose your Personal Data, health data, PHI, and/or medical records data, please contact our Privacy Officer at privacy@glim.mr.

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

Agreement to Client User Privacy Policy Terms

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

Client User Privacy Policy Updates

Please note that we occasionally update this Client User Privacy Policy, and it is your responsibility to stay up to date with any amended versions. Any revisions to the Client User Privacy Policy will be posted on the Client User login page(s) of the Platform. Any changes to this Client User Privacy Policy will be effective immediately upon providing notice via the Client User login page(s) and will apply to all Personal Data that we maintain, use, and disclose. If you continue to use the Services and Platform following such notice, you are agreeing to those changes.

Account Deletion

If at any point you no longer agree to the use and disclosure of Personal Data, as described in this Client User Privacy Policy, you can delete your user account on the Platform (“User Account”) or by sending a deletion request to privacy@glim.mr with the following information:

• Your login email address; and

• A statement that you are requesting account deletion.

Please note that if you delete your account, you will not be able to access certain Personal Information previously contained in your User Account. However, we may be required to retain certain categories of your Personal Information in accordance with our data retention policies and for legal or legitimate business purposes.

Questions or Concerns

If you have any questions or concerns after reading this Client User Privacy Policy, please do not hesitate to contact us at privacy@glim.mr. We appreciate your feedback.

Collection and Use of Personal Data

What Personal Data Does Glimmer Collect?

We collect four types of information from our Client Users: (i) demographic data; (ii) medical data; (iii) support data; and (iv) technology data. Each category of data is explained in depth below.

Demographic Data: Glimmer collects demographic data from Client Users, which may include, but not be limited to: your name, birth year, gender, phone number, and e-mail address. The collection of this demographic data is primarily used to create your User Account, which you can use to securely receive the Services.

Medical Data: In addition to demographic information, we will collect information regarding your health conditions, including, but not limited to: age, gender, medical history, symptoms, and communications between you and your mental healthcare provider who is providing services to you via the Platform. We collect this information to provide you with the Services and to provide your health care provider(s) (i.e., the Provider User(s) associated with your account) with the information required to provide medical treatment through the Platform.

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 (e.g., IP address). Such information will be used for the purposes of troubleshooting, customer support, software updates, and improvement of the Platform and related Services in accordance with this Client User Privacy Policy. Calls with Glimmer 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 or mobile device as you navigate our Platform 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 and/or mobile carrier, 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 Services, and ensure the proper functioning and security of the Platform and Services.

How Will Glimmer Use Your Personal Data?

Glimmer processes your Personal Data based on legitimate business interests, the fulfillment of our 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 Client User Privacy Policy. Where required by law, we will ask for your prior consent before disclosing your Personal Data to a third party.

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

• To provide Services

• To fulfill our obligations to you under the Client User Terms of Use

• 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/provincial/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 Client User Terms of Use or the terms of any other applicable services agreement we have with you

• To manage and improve our operations and the Platform, including the development of additional functionality

• To manage payment processing

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

• To keep our Platform safe and secure

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

• To allow us to pursue available remedies or limit the damages that we may sustain; and

• To enable you to connect with or share Personal Data with the authorized Provider User(s), which enables that/those Provider User(s) to monitor your progress and overall condition as they deem appropriate.

Does Glimmer Use Personal Data for Analytics?

Glimmer uses third-party service providers to monitor and analyze the use of the Platform as part of our Services. The analytics services we use may include, but are not limited to: Google Analytics, behavioral remarketing, and Google Ads.

Where Is Personal Data Processed?

The Personal Data we collect through the Platform will be stored on secure servers in the United States and/or Canada. For greater clarity, all Personal Data collected from Client Users in Canada will be stored on secure servers in Canada, with the exception of Personal Data collected on the Blueprint Health software. Personal Data collected on the Blueprint Health Software will be stored on secure servers in the United States. There is no comparable software available on Canadian servers. The Client User will have full autonomy to decline use of the Blueprint Health Software. As permitted by law, 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 or Canada.

With Whom Does Glimmer Share Personal Data?

We may share your personal information 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 Services, provide Services on our behalf, perform Service-related functions, or assist us in analyzing how our 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 include but are not limited to data hosting platforms, IT service providers, customer service providers, and payment processors.

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

Provider Users: To use the Services, Client Users must be affiliated with one or more Provider Users. As part of the Services, we will share your Personal Data with your specified Provider User(s). If at any point you want to deny access to one or more Provider Users, you can do so by emailing privacy@glim.mr.

Third Parties Upon Your Direction or Consent: You may direct Glimmer 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 Glimmer’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 Client User Privacy Policy or the Client User Terms of Use; or (iii) bring legal action against someone who may be violating the Client User Terms of Use or who may be causing intentional or unintentional injury or interference to the rights or property of Glimmer or any third party, including other users of our Services.

How Long Does Glimmer Retain Personal Data?

Glimmer retains your Personal Data only if necessary and as required for our business operations, the provision of Services, archival purposes, and/or to satisfy legal requirements, in accordance with our retention policies. 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. In general, Glimmer strives to retain your data for no longer than ten (10) years after your 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 securely delete or anonymize your Personal Data so that it no longer directly or indirectly identifies you 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.

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

What Happens to Personal Data Submitted by Minors?

Glimmer does not knowingly collect Personal Data from individuals under the age of eighteen (18). Additionally, our Services are not directed to individuals under the age of eighteen (18). We request that these individuals not provide Personal Data to us. If we learn that Personal Data from users under the age of eighteen (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 eighteen (18) accessing the Services or Platform, please contact us at privacy@glim.mr.

If you are a resident of California under the age of eighteen (18) and have registered for a User Account with us, you may ask us to remove content or information that you have posted to our Platform.

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Client User RIghts

What Rights Do Client Users Have Concerning Their Personal Data?

As a user of Glimmer’s Services and Platform, you 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 Glimmer

• Erase/delete your Personal Data, to the extent permitted by applicable data protection and privacy laws, health care record retention regulations, 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 or a copy of 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 your Personal Data by Glimmer is based on consent, you have the right to withdraw that consent at any time. If you would like to withdraw your consent or exercise any of the above rights, please contact us at privacy@glim.mr.

How Can Client Users Update, Correct, or Delete Personal Data or Their User Account?

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 your email address and other contact information by accessing your Glimmer User Account. If you need to make changes or corrections to other information, you may contact us at privacy@glim.mr. 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 some or all the Services. BY REQUESTING TO LIMIT THE USE OF YOUR PERSONAL DATA OR DELETE PERSONAL DATA, YOU ACKNOWLEDGE AND AGREE THAT GLIMMER 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 Glimmer Platform. To request deletion of your Personal Data, please email us at privacy@glim.mr 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, you may do so through your Glimmer User Account dashboard or by emailing privacy@glim.mr. 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.

Please note we may be required to retain certain categories of your Personal Information in accordance with our data retention policies and for legal or legitimate business purposes.

Protection of Personal Data

Is Personal Data Secure?

Glimmer 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 your Personal Data; (ii) protect against any threats or hazards to the security or integrity of your 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 to you.

While Glimmer uses reasonable security controls, WE CANNOT GUARANTEE OR WARRANT THAT SUCH TECHNIQUES WILL PREVENT UNAUTHORIZED ACCESS TO YOUR PERSONAL DATA. GLIMMER IS UNABLE TO GUARANTEE THE SECURITY OR INTEGRITY OF PERSONAL DATA TRANSMITTED OVER THE INTERNET, AND THERE IS NO GUARANTEE THAT YOUR 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 YOU TRANSMIT TO US. YOU ASSUME THE RISK THAT UNAUTHORIZED ENTRY OR USE, HARDWARE OR SOFTWARE FAILURE, AND OTHER FACTORS MAY COMPROMISE THE SECURITY OF YOUR PERSONAL DATA AT ANY TIME.

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

Glimmer 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, authentication, encryption, backups, and access controls.

How Can Client Users Protect Their Personal Data?

You are solely responsible for preventing unauthorized access to your devices and your User Account by protecting your account credentials and limiting access to your devices. Glimmer has no access to or control over your device’s security settings, and it is your responsibility to implement any device-level security features and protections you feel are appropriate (e.g., password protection, encryption, remote wipe capability). We recommend that you take all appropriate steps to secure any device that you use to access our Services and Platform.

Please note that Glimmer will never send you an email requesting confidential information, such as account numbers, usernames, passwords, or Social Security or Social Insurance Numbers. If you receive a suspicious email from Glimmer, please notify us at privacy@glim.mr.

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

What If Glimmer Experiences a Data or Security Breach?

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

Advertising, Marketing, and Tracking

Does Glimmer Send Marketing or Advertisement Materials?

Glimmer may use your Personal Data to contact you with newsletters, marketing, or promotion materials, and other information that may be of interest to you. You may opt-out of receiving any marketing or advertisement materials from Glimmer at any time by following the unsubscribe link or by contacting us.

Can Client Users Opt-Out of Receiving Communications from Glimmer?

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

If you consent to receive marketing or other communications not related to your User Account or the Services/Platform, we will provide you with the option to opt-out of such marketing communications within the applicable message.

What Is Glimmer’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 to facilitate efficient and secure access to the 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 Services and may associate that information with your User Account (if one exists).

Presently, Glimmer, Inc. may use cookies for purposes including, but not limited to, analyzing user traffic using an analytics package, identifying if you are signed into the Services, testing content on the Services, storing information about your preferences, and recognizing when you return to the Services. In addition, Glimmer, Inc. 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, track the actions of users and email recipients and compile statistics about usage and response rates.

How Can Client Users Opt-Out of Cookies?

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 will need to reenter your login information each time you visit the login page. You may also be unable to take advantage of 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. Glimmer is committed to remaining apprised of DNT standards. However, Glimmer does not support DNT browser settings and does not currently participate in any DNT frameworks that would allow Glimmer to respond to signals or other mechanisms regarding the collection of your personal information.

How can you contact us?

For additional information related to how we use and disclose your Personal Data, please contact our Privacy Officer at privacy@glim.mr.

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:

Glimmer, Inc.

ATTN: Client Support

200 Fairbank Ave

Toronto Ontario

Canada M6B 1G1

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