Privacy Statement

INTRODUCTION

Blossom takes your privacy seriously. This Privacy Statement describes our practices for collecting, storing, and processing the personal information of users of our Services in the United States.

It also describes your data protection rights, including a right to object to some of the processing which we carry out. More information about your rights, and how to exercise them, is set out in the “Your Data Protection Rights” section.

We encourage you to read this Privacy Statement carefully.

Blossom is a women’s wellness service offering provided using a combination of virtual technology, accessory devices, and the support of Blossom specialists. Blossom is supported by websites, including, but not limited to, www.meetblossom.com and related sites, and the Blossom mobile applications, (collectively, the “Sites”), as well as certain accessory devices and other electronic means, such as video conferencing, chat, phone, and online events (the foregoing, together with the Sites, the “Services”).

If you have any questions about this policy or our practices, please send an email to support@meetblossom.com. Please note, capitalized terms used in this Privacy Statement, but not defined here, have the definition given to them in the Blossom Terms and Conditions. California Residents - See “Additional Information for California Residents” below for additional information. The Services are owned and operated by Sword Health Technologies, Inc., and its affiliates, including, but not limited to Sword Health, Inc. (“Sword”).

To help you read this Privacy Statement, we have organized it into the following sections:

Personal Data We Collect
Information You Provide to Us
Information Collected While Using Our Services
How We Use and Share Personal Data
Use of Personal Data
Sharing Personal Data
Retention of Personal Data
Your Data Protection Rights
Right to Access
Right to Request Deletion
Right to Restriction of Processing
Right to Personal Information Portability
Right to Opt-Out of Sale of Personal Information
Right to Opt-Out of Processing of Personal Information for Profiling/Targeted Advertising
Right to Correct Personal Information
Right to Object to Automated Decision Making
Right to Object to Processing of Sensitive Information
How to Exercise Your Rights
Additional Information for California Residents
How We Protect Personal Information
Regarding Targeting Advertising
Tracking Technologies
Cookies and Other Tracking Technologies
Managing Your Tracking Technology Preferences
Children’s Information
External Websites
Changes to This Privacy Statement
Contact Us or File a Complaint

Personal Data We Collect

We may collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular user (“Personal Information”) as further described in the categories below. We collect Personal Information from you, from your use of the Services, including when you visit the Sites. By using the Services, you agree that we can collect and use your Personal Information as described in this Privacy Statement.

Information You Provide to Us

Sword collects information that you provide to us, including when you enroll, use the Services, give updates about your condition, respond to a survey, or contact us. This information may include:

Contact or other Identifying Information, such as your name, address, email address, telephone number, username, and password;
Mental and physical condition and characteristic information, such as age, height, weight, general health, feelings of pain and fatigue, exercise patterns, personal motivations, information about pregnancies and childbirth, and feelings of anxiety or depression;
Medical information, such as current or former injuries, medical diagnoses; and
Payment information, such as bank account number, credit card number, or debit card number.

Information Collected While Using Our Services

Sword may also collect certain information when you access, browse, and use our Services. This information is generated by the computer, mobile app, devices, or other accessories used in the Services. This information may include:

Internet and other electronic activity data, such as the name of the domain and host from which you access the internet; the browser software you use, and your operating system; the date and time you access the service; how often you access the Services, and the internet address of the website from which you directly linked to Sword;
Log and Troubleshooting Information, such as information about how our Services are performing when you use them, like service-related diagnostic and performance information, including log files, timestamps, diagnostic or crash data, website/app performance logs, and error messages or reports;
Identifiers or Geolocation data, such as Internet Protocol (IP) address, device identifier, or geolocation (if enabled);
Sensor data, such as the type and order of exercises, number of repetitions, duration, manner, and individual performance during the assigned exercise; and
Data from Tracking Technologies, such as information from cookies, web beacons, tags, or other tracking technologies, as further described below.

Sword will not record video or audio of your sessions without explicit consent from you prior to each recording. Any recording will be handled in accordance with this Privacy Statement.

Use of Personal Information

We may use the Personal Information we collect for one or more of the following business purposes:

To provide, personalize, improve, update, and expand our Services, including for product testing and development, data analysis, and survey purposes;
To communicate with you about the Services, including:
To respond to your inquiries and concerns;
Provide you with information or request action in response to technical, security, and other operational issues; and,
To follow-up with you regarding your enrollment process;
To create de-identified information (for example, aggregated statistics) related to the use of the Services;
To comply with laws and regulations, including to respond to law enforcement or government requests as required by applicable law, court order, or governmental regulations and to monitor our compliance with those obligations;
To protect the integrity and maintain the security of our Services;
To enforce our Terms and Conditions; and
For any other purpose for which you may provide consent or as disclosed to you when you provide information to us. When we use the term “de-identified information,” we mean information that is neither used, nor intended to be used, to identify an individual. We may use de-identified information without restriction and may share it with unaffiliated third parties.

Sword does not share your Personal Information with third parties except as described in this Privacy Statement or with your additional consent (if applicable). Sword may share Personal Information with the following categories of third parties for the following purposes:

Service Providers: We may share your Personal Information with service providers, such as contractors and other third parties we use to support our organization and provide us with services. These companies are subject to contractual obligations governing privacy, data security, and confidentiality consistent with applicable laws. These companies may include our cloud services infrastructure providers, vendors that assist us in marketing and consumer research analytics, fraud prevention, security, communications infrastructure providers, vendors that help us provide some support functions, like phone support or survey tools, law firms, and third party partners for analytics and advertising purposes.
Corporate Affiliates: We may share your Personal Information with our subsidiaries, affiliates, and associated organizations;
Research Partners: We may share your Personal Information with research partners if you provide us with your express consent or if otherwise permitted by law. Research partners include commercial or non-profit organizations that conduct or support scientific research, the development of therapeutics, medical devices or related material to treat, diagnose, or predict health conditions. In some circumstances, we or a research partner may have a financial interest in the research arrangement.
Law Enforcement, Government Agencies, or Other Third Parties: From time to time, we may be required to provide Personal Information to a third party in order to comply with a subpoena, court order, government investigation, or other similar legal process. If we disclose your Personal Information in this way, we will reasonably attempt to provide you with advance notice, unless we are prohibited from doing so. We may share your Personal Information if we believe it is reasonably necessary to:
Comply with valid legal process (e.g., subpoenas, warrants, etc.);
Respond to a government request;
Enforce or apply our Terms and Conditions;
Investigate fraud;
Protect the security or integrity of the Services;
Protect the rights, property, or safety of Sword, our employees/contractors, members or users; or
At your direction or with your permission.
Corporate Transaction: If we are involved in a bankruptcy, merger, acquisition, reorganization, or sale of all or a portion of our assets, we may share or transfer your Personal Information as part of such corporate transaction.

Sword will not disclose or share any information obtained through the short code messaging program to third parties for their own marketing purposes.

Retention of Personal Information

Sword will retain the Personal Information you provide while creating your account and your profile until such time as you delete your account or you request deletion provided you are entitled to request deletion under applicable law, whichever comes first. Any wellness records created as a result of your use of the Services will be securely maintained by Sword for a period that is no less than the minimum number of years such records are required to be maintained under applicable law. Sword may also retain certain information as reasonably necessary to comply with our legal obligations (including law enforcement requests), resolve disputes, maintain security, prevent fraud and abuse, as well as to comply with tax, securities, and regulatory compliance requirements.

Your Data Protection Rights

Depending on your state of residence and applicable data protection laws, you have the rights described below.

Right to Access

The categories of Personal Information we collected about you;
The categories of sources from which we have collected your Personal Information;
Our business or commercial purpose for collecting or selling that Personal Information;
The categories of your Personal Information that we have shared with third parties, if any;
The categories of third parties with whom we share your Personal Information; or,
The specific pieces of Personal Information we collected about you.

Right to Request Deletion

For residents of the states of California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, and Virginia, you have the right to request that we delete the Personal Information that we have collected and maintain about you subject to applicable law. We may deny your request under certain circumstances, such as if we need your Personal Information to respond to your inquiries. If we deny your request for deletion, we will let you know the reason why. There may be some latency in deleting your Personal Information from our backup systems after it has been deleted from our primary production and development systems.

Right to Personal Information Portability

Right to Opt-Out of Sale of Personal Information

Right to Opt-Out of Processing of Personal Information for Profiling/Targeted Advertising

Right to Correct Personal Information

Right to Object to Automated Decision Making

Right to Object to Processing of Sensitive Information

For residents of the states of California, Colorado, Connecticut, Delaware, Indiana, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, and Virginia, you have the right to object to our processing of Sensitive Personal Information. “Sensitive Personal Information” generally means, depending on your state of residence, non-public information about you that reveals government identifiers, financial information, log-in information, precise geolocation, racial or ethnic origin, citizenship or immigration status, religious or philosophical beliefs, union membership, and genetic data, among others. Due to the nature of the Services, if you object to the processing of certain of your Sensitive Personal Information, we will no longer be able to provide the Services to you.

How to Exercise Your Rights

To exercise your rights, please use the information in the Contact Us section at the bottom of this Privacy Statement. When submitting your request, please provide us with your name and contact information for purposes of enabling us to begin verifying your identity. We may request additional information about you if needed to verify your identity. Unless you have previously provided us with your Personal Information for another purpose, we will only use the Personal Information provided in the verification process to verify your identity or authority to make a request, and to track and document your request to meet our obligations. We do not discriminate against individuals for exercising any of the above privacy rights. These rights may not be available to you and certain exceptions and exemptions may apply that will limit your ability to exercise these rights. Authorized Agents: If permitted under applicable law, you may use an authorized agent to submit a request to exercise your rights. Even if you use an authorized agent, you will still need to communicate directly with Sword to verify your identity and address. We require that your agent be registered to do business with the appropriate Secretary of State or that your agent provide us with a signed document from you that authorizes your agent to make the request on your behalf. To protect your Personal Information, we reserve the right to contact you directly if we have any questions or concerns about the request from your agent.

Additional Information for California Residents

If you are a California resident, California law provides you with additional rights regarding our collection, use, and disclosure of your Personal Information under the California Consumer Privacy Act, as amended (“CCPA”), the Shine the Light law, and the Do Not Track law. Within the preceding 12 months:

We may have collected the categories of Personal Information described above in “Personal Information We Collect” from the sources described therein for the purposes described in “How We Use and Share Your Personal Information.”
We may have shared categories of Personal Information with Service Providers, Corporate Affiliates, and Other Third Parties (as described further in “How We Use and Share Your Personal Information”).
We have not sold your Personal Information. Shine the Light Disclosure: The California "Shine the Light" law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we disclose certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not disclose your personal information to third parties for their own direct marketing purposes.

How We Protect Personal Information

We take great care to protect the Personal Information we maintain about you. Sword has a broad information security program designed to protect your Personal Information using administrative, physical, and technical safeguards. We have measures in place to protect against inappropriate access, loss, misuse, or alteration of Personal Information under our control. For example, Personal Information is stored on encrypted servers. While we strive to protect your Personal Information, we cannot guarantee the security of information you provide to us. This is especially true for information you transmit to us via email because email may not have the security features that are commonly built into websites. To the fullest extent permitted by applicable law, we do not accept liability for unintentional disclosure of your Personal Information. Additionally, please be aware that we have no control over the information collected by your internet service provider or information that you disclose over a public network. We are not responsible for any information collected by third parties not within our control or how such information is used or maintained.

Tracking Technologies

We may use technologies such as cookies, web beacons or pixels, tags, scripts, and other storage technologies (collectively “Tracking Technologies”) to collect or receive information on the Sites. These Tracking Technologies may help us save your preferences, understand how you navigate through the Sites, and improve your experience.

Cookies and Other Tracking Technologies

Cookies are small data files that we transfer to your device to collect information about your use of the Sites. Cookies can be recognized by the website that downloaded them or other websites that use the same cookies. This helps websites know if your browsing device has visited them before. We may use both first party and third party cookies on the Sites for the following purposes: to make the Sites function properly; to improve the Sites; to track your interaction with the Sites; to enhance your experience with the Sites; to remember information you have already provided; to collect information about your activities over time and across third party websites or other online services in order to deliver content tailored to your interests; and to provide a secure browsing experience during your use of the Sites. The length of time a cookie will stay on your browsing device depends on whether the cookie is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your browsing device until they expire or are deleted. The following types of cookies may be used on the Sites:

Strictly Necessary Cookies. These cookies are essential because they would enable you to use the Sites. For example, strictly necessary cookies allow you to access secure areas of the Sites and for us to provide the Sites. These cookies do not gather information about you for marketing purposes. This category of cookies would be essential for the Sites to work and they cannot be disabled.
Functional or Preference Cookies. We may use functional cookies to remember your choices so we can tailor the Sites to provide you with enhanced features and personalized content. For example, these cookies can be used to remember your name or preferences on the Sites. We would not use functional cookies to target you with online marketing. While these cookies can be disabled, this may result in less functionality during your use of the Sites.
Performance or Analytic Cookies. These cookies collect passive information about how you use the Sites, including webpages you visit and links you click. We would use the information collected by such cookies to improve and optimize the Sites. We would not use these cookies to target you with online marketing. You would be able to disable these cookies.
Targeting or Advertising Cookies. These cookies are used to drive online advertising that is relevant to you by building up a picture of what you are interested in from your use of the internet. The cookies can limit the number of times you see an advert and help to measure the effectiveness of any advertising. They remember that you have visited a website and this information may be shared with other organizations or advertisers. We may use these cookies in limited circumstances associated with our public-facing sites.

We may also use tracking technologies to collect “clickstream” data, such as the domain name of the service providing you with Internet access, your device type, IP address used to connect your computer to the Internet, your browser type and version, operating system and platform, the average time spent on the Sites, web pages viewed, content searched for, access times and other relevant statistics, and assign unique identifiers to the device or other credentials you use to access the Sites for the same purposes. Our Sites and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Managing Your Tracking Technology Preferences

When viewing the Sites, you can accept or reject the use of cookies. In addition, many browsers allow you to manage your cookie preferences at the individual browser level. You can set your browser to reject and/or delete some or all cookies. If you reject or delete cookies, please be aware that you may not be able to use some or all portions or functionalities of the Sites. Do Not Track. Some Internet browsers (e.g. Internet Explorer, Mozilla Firefox, and Safari) include the ability to transmit “Do Not Track” or “DNT” signals. Since uniform standards for “DNT” signals have not been adopted, the Sites currently do not process or respond to “DNT” signals. Location Information. You may be able to adjust the settings of your device so that information about your physical location is not sent to us or third parties by: (a) disabling location services within the device settings; or (b) denying certain websites or mobile applications permission to access location information by changing the relevant preferences and permissions in your mobile device or browser settings. Please note that your location may be derived from your WiFi, Bluetooth, and other device settings. Please see your device settings for more information. Analytics Tools. We may use tools such as Google Analytics, Facebook, and LinkedIn to help analyze how individuals use the Sites. Such third parties may use cookies, APIs, and SDKs on our Sites to enable them to collect and analyze user and device-related data and information on our behalf. These tools use cookies to collect information such as how often users visit the Sites, what pages they visit, and what other websites they used prior to coming to the Sites. We use the information we get to improve our Sites and to tailor the Sites to you. We may use Google Analytics to obtain information about your visits to the Sites. Google’s ability to use and share information collected by Google Analytics about your visits to the Sites is restricted by Google Analytics Terms of Service and the Google Privacy Policy. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on. Our Sites may utilize the Conversion Tracking Pixel service of Meta Platforms. This tool allows us to follow the actions of users after they click on a Facebook advertisement and allows us to record the efficacy of Facebook advertisements for statistical and market research purposes. The collected data remains deidentified which means we cannot see the personal data of any individual user. However, the collected data is saved and processed by Meta and Meta may be able to connect the data with your Meta accounts and use the data for their own advertising purposes in accordance with Meta’s Data Use Policy. Meta Conversion Tracking also allows Meta, and its partners, to show you advertisements on and outside Meta. You can manage your preferences regarding how Meta uses your data through your Meta account settings.

Regarding Targeted Advertising

For more information about the collection and use of your information for online behavioral advertising generally, and how you can opt-out of having your data used for certain online behavioral advertising, please visit the Digital Advertising Alliance’s opt-out tool available at https://youradchoices.com/ and the Network Advertising Initiative’s Opt-Out Tool available at: https://networkadvertising.org/choices/.

Children’s Information

We are committed to protecting the privacy of children. We do not collect Personal Information directly from anyone who is, to our knowledge, under the age of 18. If you are under the age of 18, please do not provide any information to us through the Sites or Services. If you become aware that an individual under the age of 18 has provided their information directly to us, please contact us as described in the “Contact Us” section, so that we can delete the information.

External Websites

The Sites may contain links to other websites, including, but not limited to, investor relations, job applicant information gathering, assessment, and testing sites. These third party sites have their own privacy practices and measures to secure and protect your information. This Privacy Statement does not apply to any third party sites. We encourage you to review the privacy statement of any other third party website you may visit.

Changes to This Privacy Statement

This Privacy Statement is effective as of the date stated at the bottom of this Privacy Statement. We may change this Privacy Statement from time to time. Please be aware that, to the extent permitted by applicable law, our use of your Personal Information is governed by the Privacy Statement in effect at the time we collect the information. If you visit the Sites or use the Services after a change to this Privacy Statement is posted on the Sites, you will be bound by such change.

Contact Us

If you have any questions or comments regarding this Privacy Statement, please contact us at: Sword Health, Inc. ATTN: Privacy Office 13937 Sprague Lane, Suite 100 Draper, UT 84020 Or support@meetblossom.com

Last Updated and Effective Date: November 1, 2024