Privacy Policy

1. Introduction

Evergreen ("we," "our," or "us") is committed to protecting your privacy and ensuring the security of your personal and health information. This Privacy Policy ("Policy") describes the information we collect, how that information may be used, with whom it may be shared, and your choices, in connection with your use of our website located at https://helloevergreen.com, online content, platform, mobile application, any affiliated portals, or telehealth services ("Site"). This policy is set forth in accordance with our obligations with respect to applicable law, including:

• Federal and state telehealth privacy laws
• Consumer privacy laws (including California Consumer Privacy Act ("CCPA") for California residents)
• Advertising platform requirements from Google, Meta, and others

This Policy applies to your use of our Site and is incorporated into and is part of our Terms & Conditions. By accessing the Site, you agree to be bound by this Policy. If you do not agree to the terms of this Policy, please do not use the Site. Each time you use the Site, the current version of this Policy will apply. Accordingly, when you use the Site, you should check the date of this Policy (which appears at the top) and review any changes since you last reviewed the Policy.

2. Who We Are

Evergreen Telehealth is a trade name of ConsultRX LLC, which provides administrative and technology services only and does not practice medicine. Any telehealth services facilitated through our partner, NVP Medical, P.A., and its affiliates (the "Medical Group") are subject to the Medical Group's Privacy Policy.

Important: Evergreen is not a "covered entity" or "business associate" under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), therefore, HIPAA does not apply to the personal information you provide us. If you choose to share information publicly through our Site, please understand that we cannot control the actions of third parties who could improperly access and collect this information.

3. Information We Collect

We collect the following categories of information:

A. Personal and Contact Information

• Name, address, phone number, email address, date of birth, gender identity, and photo.

B. Categories of Sources

• We collect personal information directly from consumers; healthcare intake data; appointment scheduling; healthcare providers; cookies and analytics technologies; devices used to access our Site; and referral partners when authorized.

C. Sensitive Personal Information

• Medical and Health Information. Information you submit through health assessments, forms, and telehealth consultations, including symptoms, history, medications, and medical documents.
• Identify Verification Information. Government identification.
• Account Credentials. Username and password (if you create an account on the Site).
• Geolocation Information: Data identifying the physical location of a device or user.

D. Technical and Usage Information

• IP address, device type, browser version, operating system, and activity on our site including (1) time, frequency, connection type, and duration of use, (2) information from your wireless and mobile network connections, (3) information regarding your interaction with email, text, other messages, and marketing communications, and (4) pages you visited before or after navigating to our Site.
• Data from cookies, pixels, and analytics technologies (Google Analytics, Google Tag Manager, Meta Pixel, etc.).

E. Cookies and Analytics

• Cookies are alphanumeric identifiers that we transfer to your device's hard drive through your web browser to help us identify you when you come to our Site. You have choices with respect to cookies. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies you may be unable to use those aspects of our Site that requires registration in order to participate. You can learn more about cookies and how they work at www.allaboutcookies.org. You can always disable cookies through your browser settings. Doing so, however, may disable certain features on our Site. You can opt-out from third party cookies that are used for advertising purposes on the NAI website at http://www.networkadvertising.org/.
• We may use third parties, such as Google Analytics or other analytics providers, to analyze traffic to our Site. Google Analytics does not create individual profiles for visitors and only collects aggregate data. To disable Google Analytics, please download the browser add-on for the deactivation of Google Analytics provided by Google at http://tools.google.com/dlpage/gaoptout?hl=en. To learn more about privacy and Google Analytics, please consult the Google Analytics overview provided by Google at http://www.google.com/intl/en/analytics/privacyoverview.html. You may find additional information about Google Analytics at http://www.google.com/policies/privacy/partners/. You have the option to opt out of Google's use of cookies by changing your settings through Google Ad Settings via the Google advertising opt-out page.
• We may also use cookies, pixels, beacons, or other web tracking technologies to track the amount of time spent on our Site or social media and whether or not certain content, such as a video was viewed. We may work with a third party to collect and process this information for us, based on our instructions and in compliance with this Policy.
• At the present time, our Site does not respond to "Do Not Track" signals or similar mechanisms.

F. Interest-Based Advertising and Meta Pixel

• We may also participate in interest-based advertising using similar technology. This means that you may see advertising on our Site tailored to how you browse, or you may see advertising for Evergreen on other websites based on your browsing behavior across websites. Some websites where we may advertise belong to ad networks that use your web browsing history to choose which ads to display on their network websites; these ads include advertising for Evergreen and the Site. Other websites where you see our ads may use interest preferences that you have chosen on those sites, as well as registration and other information about you, to choose which ads to display to you. Some internet browsers, websites and mobile devices offer opt-outs for interest-based advertising. Please refer to the website that you are visiting, your browser and/or your device settings for additional information.
• You can opt-out of receiving interest-based ads from third parties who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance's Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out pages on the NAI website (http://www.networkadvertising.org/choices/) and DAA website (http://www.aboutads.info/choices/).
• We may use Meta Pixel to customize our advertising and to serve you ads on your social media based on your browsing behavior. This allows your behavior to be tracked after you have been redirected to our Site by clicking on the Facebook ad. The Meta Pixel stores a cookie on your device to enable us to measure the effectiveness of Facebook ads for statistical and market research purposes. We do not have access to the information collected through the Meta Pixel. However, the information collected via the Meta Pixel is also stored and processed by Facebook. Facebook may link this information to your Facebook account and also use it for its own promotional purposes in accordance with Facebook's Data Usage Policy. The Meta Pixel also allows Facebook and its partners to show you advertisements on and outside of Facebook. You can opt-out of displaying Facebook ads by visiting your Facebook Ad Settings, and you can clear and control the information third parties share with Facebook in your Off-Facebook Activity page. If you do not have a Facebook account, you can opt-out of Facebook ads through the Digital Advertising Alliance as described above.

G. Transactions

• If you make a purchase through our Site, you may be required to provide certain information relevant to your transaction, including, without limitation, your payment card number and expiration date, your billing address, your shipping address, your phone number and/or your email address.
• All payment card transactions on or through our Site occur through third-party payment processors. At no time during the transaction do we have access to your full payment card details. For information about how our third-party payment processors handle your personal information, please see their privacy policies.

H. Information from Third Parties

• We may receive information from payment processors, advertising partners, analytics platforms (as described above), pharmacy partners, and referral sources when authorized.

I. Categories of Information, Examples, Purposes, and Shared with Parties

4. How We Use Your Information

Your information is used to:

1. Deliver telehealth and consultation services.
2. Coordinate care with the Medical Group and its licensed clinicians.
3. Communicate with you about appointments, results, updates, and your inquiries.
4. Improve Site performance and user experience.
5. Conduct marketing and outreach (with consent).
6. Conduct research, product development, and analysis, and monitor and analyze trends and usage in which case we de-identify your information and you will have the opportunity to consent to activities that require the use of your identifiable information under applicable law.
7. Comply with applicable law, regulatory, subpoena, legal process, or government request.
8. Detect, prevent, or otherwise address fraud, security or technical issues.
9. Enforce contracts and applicable Terms of Use, including investigation of potential violations thereof.
10. For purposes of a merger, acquisition, financing, or sale of assets, we may use or disclose your information.
11. Personalize our services to you, and create and administer your account.
12. Verify your identity.

We may use, disclose, license, or sell de-identified or aggregated information that cannot reasonably identify you for research, analytics, product development, or other lawful purposes. De-identified information is not subject to the restrictions in this Policy.

5. Data Security and Retention

• All information we collect is encrypted in transit and at rest.
• Access is restricted to authorized personnel and providers.
• We retain information only as long as reasonably necessary for the purposes described in this Policy, contractual obligations, and other legal requirements. Different categories of information are retained for different periods based upon these obligations.
• Regular audits and monitoring help prevent unauthorized access or breaches.

If a data breach occurs, affected users will be notified in compliance with applicable federal and/or state law.

6. Third-Party Service Providers

We use third-party services for:

• Website hosting, analytics, and email marketing.
• Appointment scheduling and telehealth video conferencing.
• Artificial intelligence processing (Amazon Web Services), as described in the AI-Assisted Features section below.

Each provider is contractually bound to protect data and maintain confidentiality in compliance with customary data protection standards.

7. AI-Assisted Features

Evergreen Telehealth uses artificial intelligence features as a core function of our app to generate responses, summaries, or suggestions. These features are powered by Amazon Bedrock, an AI service operated by Amazon Web Services, Inc. ("AWS").

When you use an AI-assisted feature, we transmit the information you provide to that feature to AWS. Because our AI agent collects the details needed to serve you, this may include your name, phone number, address, and any health information you choose to share, along with any files you submit. We do not use AI features to process your payment card information. Payment information is handled separately by our payment processor and is never transmitted to AWS.

The data is sent to AWS and processed within our dedicated AWS account using Claude models developed by Anthropic, PBC and hosted by AWS. Your data is never shared with Anthropic or any other AI company, and we do not send your data to any AI service outside our AWS environment.

We use this data to generate your response, to personalize your experience in the app, and to identify conversations that need follow-up by our support or by licensed clinicians at the Medical Group. This means a member of our team may review the content of your AI conversations.

AWS processes this data solely as our service provider under a written agreement that requires it to use the data only to provide the service to us, to keep it confidential, and to protect it with administrative, technical, and physical safeguards at least equivalent to those described in this policy. Under that agreement and the AWS Service Terms, AWS does not retain your inputs or outputs after your request is processed, does not use them to train or improve any AI model, and does not disclose them to any third party.

We ask for your permission in the app before any data is sent to an AI-assisted feature for the first time. AI is core to how Evergreen Telehealth works, so your permission is required to use the app. We retain AI conversation content for as long as needed to provide the service and to meet our legal retention obligations.

8. Marketing and Communications

With your consent, we may send promotional or informational messages about our services. You can opt out anytime by unsubscribing via our AI agent, Evie and marketing consent is not a condition of service. As mentioned in Section 11 of the Terms & Conditions, by submitting your contact information to Evergreen or the Medical Group, you consent to receive communications via:

• Email, phone, or SMS related to your care, scheduling, or follow-up
• Marketing and promotional messages from Evergreen Telehealth

Standard carrier rates may apply. You may opt out of marketing communications at any time by replying "STOP" to a text message or unsubscribing from email communications. Please note that you may still receive transactional SMS text messages even if you opt-out from receiving marketing or promotional SMS text messages.

9. Text Messages

By providing your mobile number and electing to receive SMS, you consent to receive text messages from the Site that may include, among others:

1. Status of your assessment or order;
2. Reminders and links to start a video visit;
3. Prompts to upload documentation; and
4. Follow-up or appointment request links.

You understand that:

• Message and data rates may apply, depending on your mobile carrier and plan;
• Message frequency may vary based on your use of the services;
• Text messages may not be fully secure, and you should not send sensitive health information by SMS;
• You can opt out of SMS at any time by replying STOP to any text message we send, or by updating your communication preferences in your account.

10. Children's Privacy

Our services are not intended for, and we do not knowingly collection personal information from, individuals under 18 years of age. We do not provide telehealth services to minors regardless of parental or guardian consent. If we learn that we have collected personal information from an individual under 18 years of age, we will delete that information promptly and terminate access to services. If you believe a minor has provided us with personal information, please contact us immediately.

11. Delete, Modification, and Access to Your Information

If you have an account with the Site, you can delete, access, and modify certain information directly through your account in the "My Profile" section. If you would like to delete, modify, or access additional information that is not available through your account, please contact us via our AI agent, Evie.

We may ask you to verify your identity or provide additional information before we act on your request.

We may reject or deny requests for certain reasons, such as when we believe a request is fraudulent, or when we are required to retain information for legal or record-keeping reasons. Please note that in some cases we may be prohibited from deleting certain information (we will let you know in those situations), and some information may remain in our records after your deletion of such information from your account. We may use any aggregated or de-identified data derived from or incorporating your information after you update or delete it, but not in a manner that would identify you personally.

12. Your Rights Under State or Geographic Law

If you reside in certain states (including, but not limited to, California, Washington, Virginia, or Colorado), you may have additional rights under state privacy laws, including the right to know, delete, or restrict certain personal data uses. Contact us via our AI agent, Evie, to exercise these rights.

Additional Rights Regarding Analytics and Tracking

Regardless of your location, you have the right to:

• Know what data is being collected through analytics
• Access your consent history and see what you've agreed to
• Withdraw consent at any time without penalty
• Request deletion of analytics data associated with your sessions
• Opt out of cross-site tracking and sharing of personal information through our cookie settings
• Receive annual reminders to review your privacy preferences

For California Residents (CCPA/CPRA)

• Right to know what personal information is collected and how it's used
• Right to delete personal information (subject to legal exceptions)
• Right to opt out of the sale of personal information (we do not sell data)
• Right to non-discrimination for exercising privacy rights

13. Changes to This Policy

We may update this Policy from time to time to reflect operational or legal changes, or for any reason Evergreen deems fit. Updates will be posted on this page with a new "Effective Date."

14. Compliance & Audit Trail

To ensure ongoing privacy protection and regulatory compliance:

• Consent Audit Logs: All consent actions (granted, withdrawn, modified) are logged with timestamps for compliance verification
• Regular Privacy Audits: We conduct periodic reviews of our privacy and security practices and monitor technology analytics configurations
• Third-Party Validation: Our Google Tag Manager and analytics setup is configured to meet HIPAA, GDPR, and CCPA requirements
• Breach Notification: We maintain administrative, technical, and physical safeguards designed to protect your information. In the unlikely event of a data breach, we will notify affected individuals as required by applicable law
• Compliance Documentation: We maintain documentation of all consent mechanisms, data flows, and security measures

15. Contact Information

For questions, privacy concerns, or to exercise your rights, contact our AI agent, Evie, or:

ConsultRX LLC dba Evergreen Telehealth

9777 Pyramid Ct, Ste 230

Englewood, CO 80112

16. Acknowledgment

By using our Site, you acknowledge that you have read, understood, and agree to this Privacy Policy.