Effective: August 27, 2024

This Privacy Policy (“Policy”) describes how Tempus, Inc., (“Tempus,” “we,” “our,” “us”) collects, uses, and discloses certain Personal Information obtained through the olivia Personal Health Record (“PHR”), which is made available to you at app.oliviahealth.ai (“Site”) and through our mobile application (“App”) (which, collectively with the Site and the PHR, constitutes the “Service”). By using our Service, you are agreeing to the terms of this Policy and our Terms of Use.

For the purposes of this Policy, “Personal Information” means information about you that reasonably can be linked to you, such as your name, social security number, health information, demographic information, and/or other identifiers as may be defined under state and federal law.

What Information We Collect and Maintain About You

Personal information collected from accountholders. If you make an account in relation to your use of our Service (and are an “accountholder”), we may collect information related to the creation and maintenance of your account. This may include your name, email address, birth date, gender, race/ethnicity information, and any username and password you create as part of accessing or maintaining your account. 

If you use the PHR Service, we may collect the following categories of information about you:

• Information about your medical history, including information about your healthcare providers and the institutions where you have received care;
• Health insurance information;
• Information that you self-report about your health;
• Other instances when you choose to provide us with certain information or have us collect information on your behalf.

We will only collect the above categories of information to the extent that you either affirmatively provide it or if you provide us with permission or authorization to retrieve such information on your behalf. 

Other Personal Information collected through the Site or App. You can visit the Site or App without submitting any information that we can use to identify you personally. However, to use certain features on the Site or App, such as signing up for our updates, you will be required to provide Personal Information. Such information could include, for example, your name and email address. 

Web log data. When you use the Service, we automatically receive and record certain information from your computer (or other device) and your browser. This may include such data as your IP address and domain name, the pages you visit on the Service, the date and time of your visit, the files that you download, the URLs from the websites you visit before and after navigating to the Service, your software and hardware attributes (including device IDs), your general geographic location (e.g., your city, state, or metropolitan region), and certain cookie information (see below). To obtain such information, we may use web logs or applications that recognize your computer and gather information about its online activity.    

Cookies. We use cookies on the Service. Cookies are small files that are stored on your computer by your web browser. A cookie allows the Service to recognize whether you have visited before and may store user preferences and other information. For example, cookies can be used to collect or store information about your use of the Service during your current session and over time (including the pages you view and the files you download), your computer’s operating system and browser type, your Internet service provider, your domain name and IP address, your general geographic location, the website that you visited before visiting the Service, and the link you used to leave the Service. If you are concerned about having cookies on your computer, you can set your browser to refuse all cookies or to indicate when a cookie is being set, allowing you to decide whether to accept it. You can also delete cookies from your computer. However, if you choose to block or delete cookies, certain features of the Service may not operate correctly. 

Web beacons. The Service or the emails that you receive from Tempus may use an application known as a “web beacon” (also known as a “clear gif” or “web bug”). A web beacon is an electronic file that usually consists of a single-pixel image. It can be embedded in a web page or in an email to transmit information, which could include Personal Information. For example, it can allow an email sender to determine whether a user has opened a particular email. 

Third-party online tracking and behavioral advertising. We may partner with certain third parties to collect, analyze, and use the personal and other information described in this section. For example, we may allow third parties to set cookies or use web beacons on the Service or in email communications from us. This information may be used for a variety of purposes, including online interest-based advertising, as discussed below (see “With Whom and Why We Share Your Information”).

How We Use and Process Your Information

We use the information that we collect (described in “What Information We Collect and Maintain About You,” above) for a variety of purposes. Our legal bases for processing your Personal Information are: 1) our legitimate interest in running and maintaining our business; 2) performance and fulfillment of our contracts; 3) your consent; and 4) compliance with our legal obligations. In many instances, more than one of these legal bases apply to the processing of your Personal Information.

The purposes for which we use your information include to: 

• Provide you with our Service;
• Respond to your questions or requests concerning the Service; 
• Fulfill the terms of any agreement you have with us; 
• Fulfill your requests for our Service or otherwise complete a transaction that you initiate; 
• Send you information about our Service and other topics that are likely to be of interest to you, including newsletters, updates, or other communications, including promotional emails; 
• Improve our artificial intelligence and machine learning capabilities; 
• Deliver confirmations, account information, notifications, and similar operational communications; 
• Improve your user experience and the quality of our products and Service; 
• Comply with legal and/or regulatory requirements; 
• Aggregate and deidentify information; 
• Serve advertisements; 

• Analyze how visitors use the Service and its various features, including to count and recognize visitors to the Site; 
• Create new products and services; and 
• Manage our business.

We may link information gathered through the Service with information that we collect in other contexts. But in that event, we will handle the combined information in a manner consistent with this Policy.

With Whom and Why We Share Your Information 

We may share any of the information described in “What Information We Collect and Maintain About You,” above, with other parties for a variety of purposes, as described below.

Third-party service providers. Tempus uses third-party service providers that perform Service on our behalf, including web-hosting companies, mailing vendors, and analytics providers. These service providers may collect and/or use your information, including information that identifies you personally, to assist us in achieving the purposes discussed above.

Analytics. We partner with certain third parties to obtain the automatically collected information discussed above and to engage in analysis, auditing, research, and reporting. These third parties may use web logs or web beacons, and they may set and access cookies on your computer or other device. In particular, the Site uses Google Analytics to help collect and analyze certain information for the purposes discussed above. You may opt out of the use of cookies by Google Analytics here. 

Interest-based advertising. The Service also enable third-party tracking mechanisms to collect information about you and your computing devices for use in online interest-based advertising. For example, third parties may use the fact that you used our Service to target online ads to you. In addition, our third-party advertising networks might use information about your use of our Service to help target advertisements based on your online activity in general. For information about interest-based advertising practices, including privacy and confidentiality, visit the Network Advertising Initiative website or the Digital Advertising Alliance website. 

The use of online tracking mechanisms by third parties is subject to those third parties’ privacy policies, and not this Policy. If you prefer to prevent third parties from setting and accessing cookies on your computer or other device, you may set your browser to block cookies. Additionally, you may remove yourself from the targeted advertising of companies within the Network Advertising Initiative by opting out here, or of companies participating in the Digital Advertising Alliance by opting out here. Our Site does not currently respond to “do not track” browser headers.

Legal purposes. We may use or share your information with third parties when we believe, in our sole discretion, that doing so is necessary:

• To comply with applicable law or a court order, subpoena, or other legal process; 
• To investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of our terms and conditions, or situations involving threats to our property or the property or physical safety of any person or third party; 
• To establish, protect, or exercise our legal rights or defend against legal claims; or 
• To facilitate the financing, securitization, insuring, sale, assignment, bankruptcy, or other disposal of all or part of our business or assets. 

Aggregated and de-identified information. From time to time, Tempus may share aggregated or de-identified information about users, such as by publishing a report on trends in the usage of the Service. Such aggregated information will not identify you personally.

Other third parties. We may share your information with other third parties when necessary to fulfill your requests; to complete a transaction that you initiate; to meet the terms of any agreement that you have with us or our partners; or to manage our business.

Your Privacy Rights

If you want to learn more about the Personal Information that Tempus has about you, or you would like to update, change, or delete that information, please contact us by email at privacy@tempus.com. 

You may opt out of receiving marketing emails and text messages from us by following the instructions in those messages or by emailing us at privacy@tempus.com

If you are a resident of a jurisdiction with an applicable data privacy law, you may have certain rights available to you in relation to your Personal Information. These rights may include:

• The right to access your Personal Information (including a data portability request);
• The right to correct or amend any Personal Information we have on file about you;
• The right to delete your Personal Information;
• The right to limit the use of your “sensitive” Personal Information;
• The right to opt-out of the sale or “sharing” of your Personal Information;
• The right to opt-out of the use of your Personal Information for targeted advertising purposes; 
• The right to restrict or object to the processing of your Personal Information (such as for direct marketing purposes);   
• The right to restrict or opt-out of the use of your Personal Information for certain automated decision-making purposes (including profiling in furtherance of decisions that produce legal or similarly significant effects);
• The right to revoke your consent (to the extent applicable); 
• The right to confirm whether Personal Information about you is being processed; and
• The right to obtain a list of specific third parties (or categories of third parties) to which we have disclosed your Personal Information or any Personal Information.

To exercise any of the rights listed above, please contact us via email at privacy@tempus.com. 

We will respond to your request as soon as reasonably possible and within the timeframe required under applicable law. We will allow you to appeal any decision we make in response to such request in accordance with applicable law. Appeals may be submitted to privacy@tempus.com with the subject line “Appeal of Decision Related to Privacy Rights Request”.  

Prior to complying with your request, we will first verify your identity by comparing the information you provide with the information we have on file for you. 

You may authorize an agent to make a request on your behalf. To designate an agent, please provide a written and signed document by both you and the agent that authorizes the agent to act on your behalf. You may also use a power of attorney. We will still require you to provide information to allow us to reasonably verify that you are the person about whom we collected Personal Information. 

If you are a resident of Washington or Nevada, you may have additional rights with respect to your consumer health information.  Please see our separate Consumer Health Privacy Notice.

Data Security

We use technical, physical, and administrative safeguards that are designed to improve the confidentiality, integrity and accessibility of your Personal Information. We incorporate secure storage and transmission technologies including encryption, firewalls, access control and audit. We cannot, however, ensure or warrant the security of any information you transmit to us via the Service, and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our technical, physical, or administrative safeguards.

Data Retention

We will retain your Personal Information for as long as is reasonably necessary to fulfill the relevant purposes set out in this Policy and during the period required or permitted by law. The retention period will primarily be determined by relevant legal and regulatory obligations and/or duration of our business relationship with you. We will securely delete or erase your Personal Information if there is no valid business reason for retaining your data.

Children

Our Service is not designed nor intended to be used or accessed by children under the age of 16. No one under age 16 should provide any information to or through the Service. We do not intentionally collect Personal Information from children through the Services. If you are under the age of 16, do not use or provide any information on or through the Service. If we learn we have collected or received Personal Information from a child under the age of 16 without verification or parental consent, we will delete that information. If you believe that we may have collected any information, including Personal Information from or about a child under 16, please contact us immediately at privacy@tempus.com.

Links to Non-Tempus Websites and Services

While using our Service, you may encounter and choose to access websites or online services that may not be associated with us by clicking on hypertext links or icons. These websites may collect data or Personal Information about you and your online activities. Tempus does not control and is not responsible for what these other parties do in connection with their websites or online services, or how they handle your Personal Information.

Changes to This Privacy Policy

It is our policy to post any changes that we make to our Policy. If we make material changes to how we treat our users’ Personal Information, we will update this Policy, and where required by applicable law, will make reasonable attempts to notify you of the fact that this Policy has been updated. The date our Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our website and this Policy for changes. For any questions or comments regarding this Policy, please contact us at privacy@tempus.com.

How to Contact Us

Should you have any questions or concerns about this Policy, you can contact us at privacy@tempus.com.