Privacy Policy

Your information privacy is extremely important to us. Fountain Wellness, LLC (“Fountain,” “Company,” “we,” or “us”) operates a website and other messaging platforms that are operated by us directly or through our vendors, on behalf of certain medical practices and providers (the “Platform”). We have prepared this Privacy Policy to explain how we collect, use, protect, and disclose information and data when you use the Platform. This Privacy Policy also explains your choices for managing your information preferences, including opting out of certain uses of your Personal Information (defined below). This Privacy Policy applies to all users of the Platform. The terms “you” and “yours” refer to the person using the Platform.

BY USING THE PLATFORM, YOU ARE CONSENTING TO THIS PRIVACY POLICY. PLEASE READ IT CAREFULLY.

Information We Collect

Personal Information

We collect information that personally identifies you, such as your name, phone number, e-mail, mailing address, date of birth, credit or debit card number for payment purposes, and other personally identifiable information that you choose to provide to us (“Personal Information”). We may also collect your medical information, including but not limited to health assessment responses, blood test results, and consultation and treatment notes. We collect this information directly from you when you create an account or interact with us and through the services we offer.

Usage Data and Platform Activity

We automatically collect information regarding the actions you take on the Platform (“Usage Data”). For example, each time you use the Platform we automatically collect the type of Web browser you use, your operating system, your Internet Service Provider, your IP address, the pages you view, and the time and duration of your visits to the Platform. We use this information to help us understand how people use the Platform, and to enhance the services we offer.

Cookies and Anonymous Identifiers

We use cookies (a small text file placed on your computer to identify your computer and web browser) and may use anonymous identifiers (a random string of characters that is used for the same purposes as a cookie). We use cookies and other anonymous identifiers to analyze your use of the Platform and improve the Platform. Most web browsers are initially set up to accept cookies. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, certain features of the Platform may not work if you delete or disable cookies.

We use Google Analytics on the Platform to collect Usage Data, to analyze how users use the Platform, and to provide advertisements to you on other websites. For more information about how to opt out of having your information used by Google Analytics, visit https://tools.google.com/dlpage/gaoptout/.

How We Use Your Personal Information

We may use your Personal Information to: (i) contact and interact with you, including to respond to your requests (for instance in case you applied for employment); (ii) provide important notices and updates, such as changes to our terms and policies, security alerts and administrative messages; (iii) operate our business, comply with applicable laws, regulations and guidance, including federal, state, and local public health reporting; comply with demands or requests made by regulators, governments, courts and law enforcement authorities; and investigate and take action against illegal or harmful behavior of users; and (iv) improve our day-to-day operations.

How We Share Your Personal Information

We may establish a business relationship with other businesses whom we believe trustworthy and who provide services on our behalf (“Service Providers”). For example, we may contract with Service Providers to provide services, such as hosting and maintenance, data storage and management, analytics, customer service, and marketing and promotions. We only provide our Service Providers with the Personal Information necessary for them to perform these services on our behalf. Each Service Provider must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your Personal Information from unauthorized access, use, or disclosure. Service Providers are prohibited from using Personal Information other than as specified by us.

Other Transfers

We may share Personal Information and Usage Data with businesses controlling, controlled by, or under common control with our Company. If our Company is merged, acquired, or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Personal Information and Usage Data in connection with such transactions. You will have the opportunity to opt out of any such transfer if, in our discretion, it will result in the handling of your Personal Information in a way that differs materially from this Privacy Policy.

Compliance with Laws and Law Enforcement

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose Personal Information and any other information about you to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate in order to respond to legal requests (including court orders and subpoenas), to protect the safety, property, or rights of our company or of any third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.

Your California Privacy Rights

Third-party Marketing and Selling. We do not provide your information to third parties for their direct marketing purposes.

Do Not Track. We may collect information about your usage and activity through cookies. Some web browsers or smartphones have the ability to set “Do Not Track” requests to block user activity from being tracked across web pages or devices. Our Platform does not recognize “Do Not Track” browser signals.

Restriction of Your Personal Information

Where you are given the option to share your Personal Information with us, you can always choose not to do so. If you have provided your Personal Information for our use, and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations. This could mean that we may not be able to perform the actions necessary to achieve the purposes as set out in the section “How We Use Your Personal Information” above or that you are unable to make use of the services and products offered by us.

Be Careful When You Share Information with Others

Please be aware that whenever you share information on any public area of the Platform, that information may be accessed by others. In addition, please remember that when you share information in any other communications with third parties, that information may be passed along or made public by others. This means that anyone with access to such information can potentially use it for any purpose, including sending unsolicited communications.

Security

We maintain reasonable physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted to us. However, no data transmission over the Internet or other network can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through the Platform, we cannot and do not guarantee the security of any information you transmit on or through the Platform, and you do so at your own risk.

Links

Our Platform may contain links to other websites or allow others to send you such links. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We do not exercise control over third-party websites. You access such third-party websites or content at your own risk. You should always read the privacy policy of a third-party website before providing any information to the website.

Children’s Privacy

The Platform is intended for users who are 18 years old or older. We do not knowingly collect Personal Information directly from children under the age of 18. If we become aware that we have inadvertently received Personal Information from a child under the age of 18, we will delete such information from our records. If you believe we may have collected information from a child under 18, please contact us at support@fountainGLP.com.

Retention and Destruction

To the extent permitted by applicable law, we will retain your Personal Information only for as long as we believe it is necessary to fulfill the purposes for which it was collected, including for the purpose of meeting any legal, accounting, or other reporting requirements or obligations. After such time, we will destroy your Personal Information in accordance with state and federal laws.

Privacy Policy Changes

We may change this Privacy Policy from time to time. If we decide to change this Privacy Policy, we will inform you by posting the revised Privacy Policy on the Platform. Those changes will go into effect on the “Revised” date shown in the revised Privacy Policy. By continuing to use the Platform, you are consenting to the revised Privacy Policy.

If you have questions or concerns regarding this Privacy Policy or the handling of your Personal Information, please contact us at: support@fountainGLP.com.

PLEASE PRINT A COPY OF THIS PRIVACY POLICY FOR YOU RECORDS AND PLEASE CHECK THE PLATFORM FREQUENTLY FOR ANY CHANGES.

Consent to Request Telehealth and In-Person Medical Services

Before you give your consent to request telehealth service, please be aware of how care (the “Services”) is received from Quaker Ridge Medical, PLLC or other to-be- determined professional medical entities affiliated with Fountain Wellness, LLC and each of their affiliates and providers (“Fountain”), of which Service is provided through the the Fountain website or other messaging portal applications (the “Platform”) which is operated and/or supported by Fountain Wellness, LLC (either directly or through one one of its vendors). If you have any questions, please send us an electronic message at support@fountainGLP.com. M

You understand that you should never use the Platform in a medical emergency. You understand that in a medical emergency you should dial 911 or visit an emergency room.

The telehealth services available through the Platform, either directly through us or through one of our vendors, may include (i) providing individuals with information on health care related to the assessment and treatment of individuals’ testosterone levels; (ii) facilitating individual assessments and blood tests; and (iii) an online communication platform as a means of direct access to health care providers provided by Fountain and similar affiliated professional entities for communication, consultations, assessments, and treatment by such health care organizations and their providers of testosterone deficiencies and other closely related deficiencies.

In using the Platform, you understand that you will be provided with the name, credentials, licensure/certification, and qualifications of the medical professional who will be providing your care. You further understand that certain Services may be provided through the Platform by non-physician practitioners such as Nurse Practitioners or Physician Assistants.

You understand that by using the Platform, you may not have an in-person physical exam that might identify a potentially serious medical condition. You further understand that you have the option of seeking the same care in-person with the provider of your choice. You also understand and agree that your blood work and the health information you provide through the Platform may be the only source of health information used by the medical professionals during the course of your evaluation and treatment through the Platform, and that such professionals may not have access to medical records or information held with your primary provider. You certify that all of the information you provide Fountain must be true, accurate, and complete. You understand that if you knowingly provide false, misleading, or incomplete information to a medical professional, you may not be able to receive Services through the Platform.

You agree that it is your choice whether or not to use the Platform and the Services it offers. You understand that at any time, you can change your mind about receiving Services through the Platform. You may obtain copies of your medical records for Services received through the Platform by sending us a message through the Platform.

Through this Platform and the Services it offers, you understand that you will be given information about the test(s), treatments(s), and procedures(s) to be provided, including the benefits, risks, possible problems or complications, and alternate choices. You understand that you are not guaranteed treatment through the Platform and that it may be determined, that through information you provide that you are not appropriate for treatment through the Platform.

You understand that you will need to pay for certain Services received through the Platform yourself and that any insurance you have may not reimburse you for it. You understand that by using this Platform, you are freely electing to pay out of pocket for all Services and prescriptions provided through the Platform and that you may be foregoing discounts or insurance coverage that might otherwise be available to you if you sought care in another health care setting. You understand that it is your responsibility to arrange and pay for any follow-up care that Fountain recommends you receive. You understand that you will be told how to get care in the case of an emergency. You understand that by using the Platform, you may receive medications more slowly than if you received care in a different setting.

You understand that if you are using the Platform, you are responsible for having the latest version of the Platform on your mobile telephone or device and for having sufficient network or wireless connection to be able to use the Platform.

You understand that you should ask questions about anything you do not understand by sending an electronic message through the Platform. You understand that a medical professional is available to answer any questions you may have. Fountain aims to respond to any message sent through the Platform within one business day, and to respond to any telephone messages within one business day. However, Fountain may be delayed in responding to any message, and does not guarantee a response within one business day. Business days are Monday through Friday. You understand that you must check the Platform for messages because this is the way that Fountain will communicate with you. You understand that if you do not check the Platform regularly, your care and any drug treatment may be delayed. You understand that you may receive email communications through the Platform.

You further understand that the electronic nature of the Services means that there is a greater risk to the privacy of your electronic health information. By agreeing to use the Platform, you are consenting to Fountain’s sharing of your protected health information with certain third parties as more fully described in our Privacy Policy. In addition to the information you share with us through the Platform, the Platform may also collect your device identifier and your geolocation. This information may be necessary to be able to assign you to a medical professional licensed in your state. You understand, agree, and expressly consent to Fountain obtaining, using, storing, and disseminating to necessary third parties, information about you and your image, as necessary to provide Services through the Platform. You further understand that records of Services provided to you through the Platform may be lost through technical failures. You understand that if you are experiencing technical difficulties through the Platform, you may send a message through the Platform. You hereby release and hold harmless Fountain from any loss of data or information due to technical failures associated with the Platform.

If you would like to have the records relating to the telehealth services received through the Platform sent to your primary care provider, you understand that you will need to send an electronic message through the Platform requesting such transfer of records.

By agreeing to receive the Services through the Platform, you acknowledge that treatment is associated with a number of risks including, but not limited to, the following:

TESTOSTERONE TREATMENT

Special precautions before using topical testosterone

Tell your doctor if you have a known or suspected allergy to testosterone or other medications. Tell your doctor about all your prescription and non-prescription medications (including supplements) that you take or are planning to take. In particular, it’s important to mention if you take any anticoagulants (blood thinners), oral steroids, prednisone, or insulin. Tell your doctor if you have a history of breast or prostate cancer. Tell your doctor if you have a history of benign prostatic hyperplasia (BPH), diabetes, high blood calcium levels, sleep apnea, or heart, liver, kidney or lung disease. Tell your doctor if you are attempting or anticipating attempting conception with a female partner since testosterone medication can diminish sperm production.

Inadvertent transfer

Testosterone can be inadvertently transferred from your body to others. This can happen if other people come into contact with the skin area where the testosterone was applied, especially if it was recently applied or is uncovered. You can reduce the risk of inadvertent transfer by covering the area of application with clothing. Wash your hand with soap and water immediately after applying medication to yourself. Inadvertent transference can be especially problematic when it involves women or children. If a woman or child (or any unintended person) comes into contact with the gel, she or he needs to wash the skin with soap and water. Testosterone containers should be closed and kept in a safe place that is inaccessible to children and others that may purposely or accidentally use it. If a woman who may have come into contact with testosterone develops acne or hair growth on new areas of her body, she should contact her doctor immediately. If a child who may have come into contact with testosterone develops enlarged genitals, increased erections or sexual desire, or aggressive behavior, contact the child’s doctor immediately. Women who are, or may become, pregnant and may have been exposed to topical testosterone should be made aware that there is risk to the fetus and contact their doctor immediately.

Possible side effects

Tell your doctor if you experience any of the following symptoms in a severe and/or persistent manner: breast tenderness and/or enlargement, acne, diminished sexual drive, skin irritation or dryness or redness, hair thinning or loss, mood changes including depression, diarrhea, or teary eyes.

Seek medical attention immediately if you experience any of the following serious symptoms: shortness of breath, chest pain, lower leg pain or swelling or redness, slow or difficult speech, weakness or numbness of an arm or leg, , dizziness or faintness, difficulty urinating, nausea or vomiting, swelling of ankles or feet or hands, erections that last too long, or yellowing of the eyes or skin.

The Food and Drug Administration (FDA) has concluded that there is a possible increased risk of cardiovascular events associated with testosterone use. Some studies that included aging men treated with testosterone have reported an increased risk of heart attack, stroke or death associated with testosterone treatment while other studies did not. FDA has also stated that the efficacy and safety of testosterone have not been established for treating age-related low testosterone levels, even if a man’s symptoms seem related to low testosterone.

PHOSPHODIESTERASE TYPE 5-INHIBITOR (PDE5i) TREATMENT (SILDENAFIL OR TADALAFIL)

Special precautions before using PDE5i

Tell your doctor if you have a known or suspected allergy to PDE5i or other medications. Tell your doctor about all your prescription and non-prescription medications (including supplements) that you take or are planning to take. Tell your doctor if you have a history of cardiovascular, pulmonary veno-occlusive, or retinal disease. Tell your doctor if you use drugs commonly called “poppers,” such as butyl nitrite or amyl nitrite. Tell your doctor if you are taking isosorbide dinitrate, isosorbide mononitrate, nitroglycerin, ritinovir, riociguat, ketoconazole, itraconazole, other medications to treat erectile dysfunction including intracavernosal injections. Tell your doctor if you have difficulty briskly walking up two flights of stairs. Tell your doctor if you have a history of priapism, prolonged erection or sickle cell trait or disease. This medication is not for use in women or children.

Possible side effects

These medications can cause dizziness. Avoid driving or other tasks that require alertness until you have experience with how this medication affects you. Get up slowly from a lying or seated position to reduce the risk of dizziness. Common side effects include facial flushing, headache, heartburn, muscle aches, or nasal congestion. Seek immediate medical attention if you have signs of an allergic reaction including hives, itching, wheezing, peeling skin, fever, tightness in the chest or difficulty swallowing or swelling of the mouth or tongue. Seek immediate attention if you experience chest pain or pressure, fast or irregular heartbeat, vomiting or severe nausea, or onset of weakness or drooping on one side of your body. Seek immediate medical attention if you have a change in vision, ringing in the ears, or any other changes related to hearing. Very rare severe problems have been associated with these medications, in some cases causing death. Although it has not been definitively established that this medication caused these problems, it is possible; these include severe vision problems, tonic-clonic seizures, severe increase in blood pressure and/or stroke or heart attack. This medication type does not stop the spread of sexually transmitted diseases including HIV and hepatitis. Discuss safer sex practices with your doctor. This medication has been associated with priapism, or prolonged rigid penile erection of > 4 hours (even in the absence of sexual stimulation or activity). Priapism is a condition that causes penile pain and, left untreated, can lead to severe permanent erectile dysfunction. Seek immediate medical attention if you ever become concerned about a prolonged and/or painful erection of any duration (even less than 4 hours).

Further Acknowledgements

You understand that under applicable state laws, Fountain is required to report suspicions of child abuse, neglect, statutory rape, domestic violence, and sexual assault. You hereby consent to the use of telehealth to examine, consult, diagnose, or treat you and you understand that you may seek in-person care or follow up care should you so choose. You may also request a video consultation through the Platform. You consent to Fountain (i) providing copies of your medical records to your primary care physician for Services rendered through the Platform; (ii) you give access to your provider to retrieve and view prior medication history that may be available in the Platform; and (iii) consent to receive automated and/or live text and voice reminders and messages from the Platform at your listed phone number as consistent with applicable law (to which you have the right to opt-out of going forward). If you would like to have your records sent to your primary care physician, please provide your primary care physician’s information to your doctor at the time of the visit You understand that this informed consent will become a part of your medical record.