The RealAppeal.com website and the Real Appeal mobile app are owned and operated by Real Appeal, Inc. and its affiliates (collectively "REAL APPEAL" or "we"). Through the RealAppeal.com website and the Real Appeal mobile app (together, this "Platform"), REAL APPEAL provides an online weight loss program on behalf of participating health plans to members of such plans, which program includes services and health tools such as online wellness coaching, the ability to track your weight and weight loss goals, the ability to track what you eat, drink, and your physical activity, an online team, achievements, and other services and tools used in a weight loss program (the "REAL APPEAL Program").

We understand the importance of your privacy and respect the confidential nature of your personal information. For that reason, we have made efforts to ensure that your use of this Platform is secure and private. The purpose of this Privacy Policy is to inform you regarding what information we collect from or about you when you use this Platform, how we use and share your information, what choices you have regarding your information, and other matters relevant to your information privacy. This Privacy Policy applies only to REAL APPEAL, the REAL APPEAL Program, and this Platform.

Participation in the REAL APPEAL Program is entirely voluntary. If you choose to participate, your participation and use of this Platform constitutes your acknowledgment and consent to our collection, use and disclosure of your information as described in this Privacy Policy. If you do not agree to all the terms of this Privacy Policy, please do not participate in the REAL APPEAL Program.

IMPORTANT NOTICES

Who Are Eligible To Use this Platform: Participation in the REAL APPEAL Program is limited to members of participating health plans. If you belong to a participating health plan, your health plan has a contract with REAL APPEAL whereby REAL APPEAL has agreed to provide certain services and health tools to members of your health plan, primarily through this Platform. If you are not a member of a participating health plan or the legal representative of such a member, you do not have authority to use this Platform.

This Privacy Policy Is Distinct And Separate From Your Health Plan's HIPAA NOTICE OF PRIVACY PRACTICES: Your health plan's HIPAA NOTICE OF PRIVACY PRACTICES describes in detail overall how your health plan uses and discloses your individually identifiable health information ("Health Information"). Please contact your health plan for a copy of its HIPAA Notice of Privacy Practices. Real Appeal will only share your private health information with your health plan only as HIPAA permits or with your express authorization.

Certain Defined Terms As used herein:

"REAL APPEAL and Related Parties" means, collectively, all of the following: (i) REAL APPEAL; (ii) participating health plans in the REAL APPEAL Program; (iii) participating employers in the REAL APPEAL Program; (iv) any and all other persons and entities designated by REAL APPEAL to provide products, services, support, assistance, or content for the REAL APPEAL Program or this Platform or otherwise for the business of REAL APPEAL; and (v) the respective successors and assigns of the foregoing.
"You" or "User" means any user of this Platform who is a member of a participating health plan or a legal representative of such a member.

Changes to This Privacy Policy From time to time, we may update and modify this Privacy Policy to accommodate new technology, industry practices, regulatory requirements, or for other purposes. If the changes are material (i.e., affecting in a material way our collection, use or disclose of your Information), we will provide you with notice (which notice may be sent to you via email or postal mail or directly to your account on this Platform) and, where required by applicable law, we will obtain your consent (for example, we may ask you to affirmatively consent to the changes in an electronic from at the time of your next account login on this Platform). Unless expressly otherwise agreed, all material changes will apply prospectively only.

Notice to California Residents - Your California Privacy Rights Under California Civil Code Section 1798.83 (known as the "shine the light" law), California residents have a right to request an information-sharing disclosure from a business to which they have provided personal information and which has disclosed the information to any third party for third-party direct marketing uses in the prior calendar year.

REAL APPEAL does not knowingly share your personal information with third parties for such third parties' direct marketing uses, except with your express prior consent. California residents may send requests for information-sharing disclosure under this law to us via email at [legal@realappeal.com]. Please note that, under this law, we are not required to respond to your request more than once in a calendar year, nor are we required to respond to any requests that are not sent to the above-designated email address.

Do Not Track (DNT) Disclosure: This Platform does not currently respond to "Do Not Track" signals of web browsers. However, should the industry establish uniform technological standards for recognizing and implementing "Do Not Track" signals, REAL APPEAL would be open to following such industry standards.

What Information We Collect When you sign up for the REAL APPEAL Program on this Platform, we collect the following information from you:

your first and last name
your date of birth
your email address (which will also be your username)
a password of your choice and associated security question for password recovery
your health plan provider name, Member ID and Group Number (which information is needed in order for us to verify your eligibility to participate in the REAL APPEAL Program)
your telephone number and mailing address (if voluntarily provided by you)
additional information about you (if voluntarily provided by you) that will make up your personal profile on this Platform

It is entirely your choice whether or not to disclose your information to us. Note, however, that if you elect not to provide us with all the information requested by us, it may limit our ability to provide the REAL APPEAL Program services and tools to you.

Also, after you sign up for the REAL APPEAL Program on this Platform, your health plan may share with REAL APPEAL certain information about you so as to enable us to link your participation in the REAL APPEAL Program to your health plan.

Furthermore, when you use a specific REAL APPEAL service or health tool, we may collect additional information from and about you. For example, if you choose to link your weight or health monitoring devices (weight scale, pedometer, blood meters, blood pressure monitors, etc.) to the monitoring services or tools of the REAL APPEAL Program, we will need to collect your device information for linking purposes. Also, in such case the device providers or operators may share with us certain information concerning your use of their devices. For example, if you utilize a BodyTrace weight scale device to track weight and if you choose to link that device to this Platform, BodyTrace may share your device activity information with us. We are not responsible for the collection and use of your information by third-party device providers or operators, however once they share your device information with us, we will treat it in accordance with this Privacy Policy.

In addition, this Platform uses cookies and similar technologies to collect information about user activities on this Platform. See the "Cookies and Similar Technologies" section below for more information.

How We Use and Share Information Collected The following describes how we use and share your information collected:

To provide, operate, manage, maintain and improve the REAL APPEAL Program services and tools: This includes (but is not limited to) setting up, maintaining and administering your account and providing you with account related services and support; providing services and health tools for your use during your participation in the REAL APPEAL Program, including tailoring services and tools to your situation and needs and customizing and personalizing your user experience on this Platform; and responding to an inquiry or request from you.
To communicate with you: By providing us with your email address, mailing address and/or telephone or mobile number, you agree that we may use such information to communicate with you, including sending you REAL APPEAL electronic newsletters and other publications, notifications of account status, information related to the REAL APPEAL Program or this Platform, information regarding new products, services or offers from REAL APPEAL, information regarding common medical and health related topics, preventive care messages, etc.
To share with your health plan: We may disclose information collected from or about you to your health plan. Your health plan's use and further disclosure of the information will be subject to its HIPAA NOTICE OF PRIVACY PRACTICES.
To share with service providers: We use third-party service providers to help us host, operate, manage, maintain, support and/or improve this Platform and they may need to access our user information in order to perform tasks and services for us. We require that our service providers limit their use of our user information solely to providing services to us and that they safeguard such information and not make unauthorized use or disclosure of the information.
To share with REAL APPEAL employees: We disclose your Information to our employees on a need-to-know basis in connection with their performing services and tasks on our behalf. For example, the wellness coach assigned to you will have access to your information in order to provide coaching and support services requested by you. Those employees receive training on our privacy and security obligations.
To share with other program participants or the public as directed and authorized by you: If you direct and authorize us to share any of your information with other participants in the REAL APPEAL program, or to publish any of your information on this Platform (such as through the "Storyboard" feature of this Platform), we will do so as directed and authorized by you.

IMPORTANT NOTE: Participants are expected to respect the privacy of other participants in the REAL APPEAL Program. You are not authorized to disclose any information that is shared by another participant in the REAL APPEAL Program, unless: (i) the other participant expressly agrees to your disclosure, or the information has already been published with the authorization of the other participant (e.g., published through the "Storyboard" feature of this Platform or in REAL APPEAL's newsletter or other publicly available REAL APPEAL communication); and (ii) the manner in which you further disclose the other participant's information is consistent with the stated goals of the REAL APPEAL Program, including encouraging weight loss for adults at risk of developing type 2 diabetes.

You understand and acknowledge that by voluntarily sharing your information with others, you accept the risk of unauthorized use, publication and disclosure of your information by others, and REAL APPEAL and Related Parties assume no responsibility or liability for any unauthorized use, publication or disclosure of your information by others, or any responsibility or obligation to monitor or prevent any such unauthorized use, publication or disclosure.

To protect our rights, etc.: We may disclose our user information if doing so, in our good faith belief, is necessary to: (i) protect the rights, property, safety or security of REAL APPEAL, our users, and/or the public (including enforcement of the terms of this Privacy Policy and/or our Terms of Use); (ii) detect, prevent, or otherwise address fraud, security or technical issues; (iii) comply with law or legal process (including a court order or subpoena); and/or (iv) to cooperate with law enforcement (including investigation of an alleged or suspected crime, fraud or other illegal activity).

To complete a merger, sale of business or assets, etc.: If we are involved in a merger, acquisition, financing, or sale of business or assets, our user information may be transferred to one or more third parties involved in such transaction and, upon such transfer, the relevant third-party privacy policy or policies may govern further use of the information. In the event of such a change of ownership, we will endeavor to notify our users of the change as well as any choices our users may have regarding the change.

Cookies and Similar Technologies Cookies are small data files that websites and online services send to and store on your computer or mobile device through your web browser (if you allow). Cookies enable websites and online services to recognize your browser and record certain information about your visits. REAL APPEAL and Related Parties use cookies on this Platform to help remember who you are, to enhance and personalize your experience, to understand and save your preferences for future visits, to compile information about our users, and to carry out other tasks relating to the operation or improvement of this Platform. REAL APPEAL and Related Parties may also use information collected from cookies together with information we have collected from or about our users. Most web browsers are initially set to accept cookies, but you can change your browser settings to notify you when you are sent a cookie, giving you the ability to accept or reject it, or you can choose to routinely and manually delete cookies stored on your computer or mobile device. Each time you revisit this Platform, your ability to restrict our use of cookies on that service is subject to your browser settings and limitations at the time. Please note that if you choose to disable or reject cookies from this Platform, this Platform or portions thereof may become inaccessible or may not function properly. For more information on how to manage cookies, visit http://www.aboutcookies.org/. To manage Flash cookies, visit http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.

REAL APPEAL and Related Parties may also use "web beacons" (also known as "clear GIFs," "pixel tags," etc.) - which are small bits of code embedded in web pages or in emails - to deliver or communicate with cookies, to count users who have visited a web page, and to understand usage patterns. REAL APPEAL and Related Parties may include web beacons in emails to help recognize activities such as when an email was opened, how many times an email was forwarded, which links in the email were clicked on, etc. Web beacons cannot be declined when delivered via a regular web page. However, web beacons can be refused when delivered via email. If you do not wish to receive web beacons via email, you will need to disable HTML images or refuse HTML (select Text only) emails via your email software.

In addition, REAL APPEAL and Related Parties may use analytics tools (e.g., Google Analytics) to gather aggregate (non-personally identifiable) information about users of this Platform, such as which pages are visited and how often they are visited, etc., and may use such information to analyze and better understand user demographics and interests and to measure and improve the performance of this Platform and the REAL APPEAL Program services and tools.

Below are examples of the ways we may use our user activity information collected from cookies and similar technologies described above:

customizing your experience on this Platform, including managing and recording your preferences.
using the information for REAL APPEAL's internal product development and research.
tracking resources and data accessed on this Platform.
compiling reports regarding website usage, activity, and statistics.
assisting users experiencing website problems.
enabling certain functions and tools on this Platform.
tracking paths of visitors to this Platform and within this Platform.

Information Security In order to maintain the integrity and security of your Information, we have implemented administrative, technical and physical safeguards to protect the privacy and security of your Information, including firewalls, limited access to our servers, security policies and procedures, employee training, back-up systems and disaster recovery plans.

Of course, we appreciate your help in safeguarding the integrity of your own privacy. Please keep your username and password confidential and safe from discovery by others. You are responsible for logging out of your account and closing your browser after using our site to ensure that later users of your computer cannot return to pages displaying your Information. Just as important, we encourage you to let us know immediately if you suspect that the Information you share with us is being used in any way contrary to this Policy.

Unfortunately, no security system is impenetrable and no data transmission over the internet can be 100% secure. We cannot warrant or guarantee the security of our website, nor can we warrant or guarantee that any Information you provide will not be intercepted while being transmitted over the internet. We are not liable for the illegal acts of third parties, such as criminal hackers.

Please also note that most standard email providers provide unencrypted means of communication. There is a risk that unencrypted emails may be accessible or intercepted by unauthorized third parties, and REAL APPEAL does not warrant or guarantee the security of any Information (including Health Information) transmitted to or from you by electronic means.

Information Access and Choices

Personal Profile: You may view and edit your personal profile on this Platform at any time by logging into your account, clicking on the profile icon or menu option, and then clicking on the settings icon or menu option.
Email Communications: To opt out of receiving REAL APPEAL electronic newsletters and other REAL APPEAL email communications of a marketing or promotional nature, please Contact Us or use the "unsubscribe" link provided in a similar email you previously received from REAL APPEAL.

NOTE: Your opt-out will not stop REAL APPEAL email communications of a transactional or relationship nature or as required by law (such as communications regarding your account, notifications of changes to the REAL APPEAL Program or this Platform, notifications of changes to this Privacy Policy or the Terms of Use, notifications regarding an actual or suspected security breach that affects user information stored by or for us, etc.).

Mobile Messaging: The REAL APPEAL Program may include features that allow you to receive mobile messages/alerts from us. If you sign up for one of such programs, you may cancel and terminate your participation in such program at any time by replying STOP to a mobile message you have received, or by texting STOP to the short code used for the messaging program from which you wish to opt out (if you have enrolled in multiple messaging programs on the same short code and wish to opt out from all those programs, text STOP ALL to the short code).
Use of Personally Owned Devices: Participants are encouraged to use personally owned devices (e.g., home computers, personal smart devices) in connection with their participation in the REAL APPEAL program. Participants are reminded that any use of employer owned or issued devices, or employer managed IT systems, are covered by the employer's policies.
Account Cancellation: If you wish to cancel your participation in the REAL APPEAL Program, please Contact Us. However, you acknowledge that REAL APPEAL reserves the right to retain your information if doing so is necessary to comply with law or legal process (including a court order or subpoena), to cooperate with law enforcement (including investigation of an alleged or suspected crime, fraud or other illegal activity), or to complete a pending transaction, to resolve a claim or dispute, or to enforce an applicable agreement between you and REAL APPEAL.

Data Retention REAL APPEAL will retain your information for as long as you continue to participate in the REAL APPEAL Program or continue to use this Platform. In addition, REAL APPEAL reserves the right to retain your information as necessary to comply with its legal obligations, resolve disputes, and/or enforce an applicable agreement between you and REAL APPEAL. Please note that aggregate (non-personally identifiable) user activity information collected from this Platform may be retained and used by REAL APPEAL indefinitely.

Children and Minors This Platform and the REAL APPEAL Program are not intended for or directed to anyone under the age of 18. REAL APPEAL does not knowingly collect personal information from anyone under the age of 18.

If you have questions regarding this Platform or the REAL APPEAL Program or this Privacy Policy, please contact us at:

Real Appeal, Inc.
3000 K Street, NW, Suite 350
Washington, DC 20007

Email: legal@realappeal.com

Tel: 1-844-344-REAL (7325)