Privacy Policy of Tailwind Health Company Inc.

Introduction

Welcome to Tailwind Health Company Inc. Privacy Notice. This Privacy Notice applies to the Tailwind Wellness Outreach Program and the Tailwind website. When we mention Tailwind or refer to, “we”, “us” or “our” in this Privacy Notice then we are referring to the Tailwind Heath Company Inc. company that is responsible for protecting your personal data. The Tailwind Privacy Notice contains the principles and guidelines for how Tailwind Processes the Personal Information of clients, service providers and other individuals (“you” or “your”). Tailwind respects your privacy and is committed to protecting your Personal Information.

Contents

1. Important Information

Purpose of this Privacy Notice

This privacy notice aims to give you clear and detailed information about:

• how we collect and process your personal data
• the legal grounds allowing us to do so
• how we look after your personal data
• your privacy rights
• how the law protects you.

Changes to the Privacy Notice

On occasion, we may modify or amend the Privacy Notice. To communicate when the Privacy Notice is revised, the revision date at the bottom of the page will be changed. The amended Privacy Notice will apply from that revision date. It is recommended that you periodically review this Privacy Notice to remain informed about how we are processing and protecting your Personal Information.

Definitions

Personal Information – information about an identifiable individual, or information that allows an individual to be identified. For the purposes of this Privacy Notice, personal information is information about an identifiable individual as it is defined in applicable privacy legislation. It does not include data where the identity of the individual has been removed (i.e. anonymous data).
Process or Processing or Processed – the collection, use, disclosure, retention and/or deletion of Personal Information

2. The Data We Collect We may collect, use, store and transfer different kinds of data about you which we have grouped together as follows: • Identity Data: includes first name, last name, username. • Contact Data: includes your telephone number, address and in some cases your email address. • Transaction Data: includes details about payments to and from you and other details of services you have purchased from us. • Profile Data: includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses. • Usage Data: includes information about how you use our websites and services. • Marketing and Communications Data: includes your preferences in receiving marketing from us and potentially our third parties and your communication preferences. • Aggregated Data: includes statistical or demographic data which we may collect, use and share for any purpose. Where Aggregated Data can directly or indirectly identify you we will use it in accordance with this Privacy Notice. 2. How Your Data Is Collected We use different methods to collect data from and about you including through: Direct interactions You may give us your Identity Data, Contact Data and Transactional Data by filling in application forms, or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you: • create an account for the Tailwind Wellness Outreach Program; • request marketing information is sent to you; • complete a survey; or • give us feedback. Third parties or publicly available sources We may receive data about you from various third parties and public sources such as those set out below: • Contact and Transaction Data from providers of technical, payment and delivery services. • Technical Data from analytics providers, advertising networks, and search information providers. These third parties may use cookies to collect information about you. The information they collect may be associated with your Personal Information. They may use this information to provide you with behavioural advertising or other targeted content. You can opt-out of several third party ad servers' and networks' cookies. We do not control these third parties' tracking technologies or how they use them. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. Automated technologies or interactions As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal information by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see the Your Privacy and the Tailwind Website section below. 4. Consent for Collection, Use and Disclosure of Your Personal Information Consent is required for the collection, use and disclosure of your Personal Information and data. Tailwind makes best efforts to obtain your consent at the time your Personal Information and data is collected. By submitting Personal Information and data to Tailwind, you agree that we may Process this information in compliance with this Privacy Notice, and as permitted or required by law. If you provide Tailwind, our service providers or our agents with the Personal Information of another person, you are representing that you have obtained the necessary consent from that individual for the information to be Processed by Tailwind for the purposes set forth in this Privacy Notice. You may withdraw your consent to collect, use or disclose your Personal Information and data at any time by advising the Tailwind Privacy Officer. The withdrawal of your consent is to be provided in writing or by email. It is important that you understand that by withdrawing your consent to Process your information and data, Tailwind may no longer be able to provide you with, or to continue to provide you with, certain services, which may be of value to you. Privacy legislation, in specific and limited circumstances, allows for the collection, use or disclosure of information without consent. If such an exception is relied upon, Tailwind will document all exceptions along with the rationale to support our reliance on it. 5. Why We Collect Your Data In general, Tailwind collects, uses or discloses the data of our clients or service providers in order to provide an automated texting outreach system and to decide whether to establish (and then manage or terminate) an employment or contractual relationship. If you provide Tailwind, our service providers or our agents with the Personal Information of another person, you are representing that you have obtained the necessary consent from that individual for the information to be Processed by Tailwind for the purposes set forth in this Privacy Notice. Use of Personal Information and data to provide services to our clients In order to provide services to our clients, Tailwind may use your Personal Information and data for the following non-exhaustive purposes: • to manage client relationships, provide and fulfill services; • as permitted by, and to comply with, any legal or regulatory requirements or provisions; and, • for any other purpose to which you consent. Use of Personal Information and data for other activities that form part of the operation of our business Tailwind may also use your Personal Information and data for the purposes of, or in connection with, the following: • client account opening and other administrative purposes; • financial accounting and invoicing; • client relationship purposes, which may involve (i) contacting you to receive feedback on services; or (ii) managing our client relationship management process; • determining whether to establish and maintain commercial relationships with suppliers, vendors, and other third parties, including to issue invoices, administer accounts, collect and process payments, and to fulfill contractual obligations; • recruitment and business development purposes, including to contact and communicate with clients, suppliers and other third parties, and to conduct surveys, research and evaluations; • developing, enhancing, marketing, selling or otherwise providing Tailwind products and services; • distributing our newsletters and other informational email communications, conference information and other material to individuals on our mail and email lists, including via third party mailing houses and email service providers; • detecting and protecting Tailwinds, our clients and other third parties against error, negligence, breach of contract, fraud, theft and other illegal activity; • establishing, managing and terminating employment and contractual relationships; • receiving service from our professional advisors, such as lawyers, accountants and consultants; and, • protecting our rights and those of our clients. Personal Information will not be used or disclosed for purposes other than those for which it was collected, except with your consent, or as required by law. Tailwind will obtain your consent, if your Personal Information or data is to be used for a purpose other than for which it was originally collected, used or disclosed. 6. Disclosures of Your Data In order to fulfill one of the purposes in the “Why Does Tailwind Collect Your Data” section above, we may disclose your Personal Information and data to: third parties that provide services to Tailwind, such as sub-processors and cloud server hosts; a financial institution, on a confidential basis and solely in connection with the assignment of a right to receive payment, the provision of security or other financing arrangement; to our insurers or others in connection with regulatory or other activities relating to Tailwind’s obligations; to government authorities, insurers, benefits providers, consultants or agents as reasonably required to establish, manage or terminate an employment or contractual or partnership relationship; or any third party, when you have provided your consent. We may disclose your Personal Information and data to third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your Personal Information and data in the same way as set out in this Privacy Notice. We require all third parties to respect the security of your Personal Information and data and to treat it in accordance with the law. We do not allow our third-party service providers to use your Personal Information or data for their own purposes and only permit them to process your Personal Information and data for specified purposes and in accordance with our instructions. We may need to disclose your Personal Information and data without your consent if required to do so by law, a law enforcement agency, a regulator, or during legal proceedings. In cases where disclosure of information to a third party is authorized, the least amount of information appropriate for the intended purpose is disclosed. 7. Where Your Data Is Stored Your Personal Information and data is stored in secured locations and on servers within Canada. 8. Transfer of Your Data Some of the recipients of your Personal Information and data to whom your data is transferred listed in the “Disclosure of Your Data” section above may be based outside of Canada. In such cases, we will make best efforts to ensure that there the recipients of your Personal Information and data provide a similar degree of data protection as Tailwind, are contractually obligated to keep your data and Personal Information confidential. Other jurisdictions will have different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your Personal Information. Whenever we engage a service provider, we require that its privacy and security standards comply with this policy and applicable Canadian laws. 9. Data Security We have put in place appropriate security measures to prevent your Personal Information and data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your Personal Information and data to those employees, agents, contractors and other third parties who have a business need to know. Tailwind strives to protect the Personal Information and data of our clients. While we use appropriate security measures once your Personal Information and data has been disclosed to us, the transmission of data over the internet (including by electronic communications) cannot be guaranteed to be secured. 10. Data Retention Tailwind will retain your Personal Information and data for the longer of the following periods: (i) as long as is necessary to provide the services for which we were retained; (ii) any retention period that is required by law or professional standards; (iii) the end of the period in which litigation or investigations might arise in response of the services provided to our clients; or (iv) as directed by Tailwind internal retention schedule, the length of which will vary pursuant to the type of information that is held. 11. Your Privacy and the Tailwind Website Tailwind will retain your Personal Information and data for the longer of the following periods: (i) as long as is necessary to provide the services for which we were retained; (ii) any retention period that is required by law or professional standards; (iii) the end of the period in which litigation or investigations might arise in response of the services provided to our clients; or (iv) as directed by Tailwind internal retention schedule, the length of which will vary pursuant to the type of information that is held. Cookies – When an individual visitor accesses the Tailwind website, we may use a browser feature called a ‘cookie’ to collect information such as the type of internet browser and operating system the visitor uses, the domain name of the website from which the visitor came, date and duration of the visit, number of visits, average time spent on our website, pages viewed and number of cookies accumulated. A cookie is a small text file containing a unique identification number that identifies the visitor’s browser, but not necessarily the visitor, to our computers each time our website is visited. Unless a visitor specifically informs us (e.g. by registering for an event or sending us correspondence from the website), we will not know who the individual visitors are. In addition to the identified purposes described in our Privacy Notice, we may use this website information and share it with other organizations with whom we have a commercial relationship to measure the use of our website, to improve the functionality and content of the website and to facilitate usage by a visitor. Visitors can reset their browsers either to notify them when they have received a cookie or refuse to accept cookies. However, if a visitor refuses to accept cookies, he or she may not be able to use some of the features available on our website. Online Communications – In order to provide our website visitors with a service or information, visitors may voluntarily submit Personal Information or data to us for purposes such as asking a question, obtaining information, reviewing or downloading a publication, subscribing to a newsletter or a mail or email list, participating in a seminar or other event, and participating in contests and surveys. If you are known to Tailwind as a registered user of an online service, we may combine and store Personal Information about your use of our website and the online information you have provided with certain other online and offline information we may have collected. Links – Our website may contain links to other websites which are provided as a convenience only. Visitors are advised that other third party websites may have different privacy policies and practices than Tailwind, and we have no responsibility for such third party websites. 12. Your Legal Rights Under certain circumstances, you have rights under data protection laws in relation to your Personal Information. Request access to your Personal Information – This enables you to receive a copy of the Personal Information that we hold about you. Request correction of your Personal Information – This enables you to have any incomplete or inaccurate Personal Information we hold about you corrected, though we may need to verify the accuracy of the new information you provide to us. If there is a disagreement about the accuracy of your Personal Information, a notation will be made to your Personal Information setting out your correction. Right to withdraw consent – This will not affect the lawfulness of any processing of your Personal Information carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent. If you wish to exercise any of the rights set out above, please contact Privacy Officer, in writing with full details of your request. You can send an email to privacy@teamtailwind.ca or you can write to us at: Tailwind Privacy Officer 20 Camden Street, Suite 200 Toronto, ON M5V 1V1 Revised: January 10, 2024