Positive Development Privacy Policy

Effective as of 03/01/2021

This “Privacy Policy” describes the privacy practices of Positive Development, Inc. and our subsidiaries and

affiliates (collectively, “Positive Development”, “we”, “us”, or “our”) in connection with the Positive Development

App www.positivedevelopment.app (the “App”), www.positivedevelopment.com website (“Website”), and

Positive Development Clinicians Portal (“Portal”), and the services made available through the App and Portal

(collectively, the “Service”), and the rights and choices available to individuals with respect to their information.

This Privacy Policy also applies to any clinician’s office, business, organization, or practice that has subscribed to

our Portal pursuant to a separate terms of use and, as applicable, has entered into a separate Business Associate

Agreement (“BAA”) with us (“Subscribers”). In addition to the uses described in this Privacy Policy, we will use and

process Personal Data collected from Subscribers in accordance with any additional rights and obligations set forth

in that separate terms of use agreement and/or BAA entered into between the Subscriber and Positive

Development. In the event of a conflict between the terms of use agreement, the BAA, and this Privacy Policy,

with respect to Subscribers only, the conflict will be resolved in the following order of precedence: (1) the BAA; (2)

the App or the Subscriber who has signed a BAA or other separate terms of use agreement.

Table of Contents

• Personal Information We Collect

• How We Use Your Personal Information

• How We Share your Personal Information

• Your Choices

• Other sites, mobile applications and services

• Security practices

• International data transfers

• Children

• Changes to this Privacy Policy

• How to Contact Us

• Your California Privacy Rights

Personal Information We Collect

Information you provide to us. Personal information you provide to us through the Service or otherwise includes:

• Personal contact information, such as your first and last name, email and mailing addresses.

• Profile information, such as your username and password that you may set to establish an online account

with us.

• Registration information, such as information that may be related to a service or an account.

• Feedback or correspondence, such as information you provide when you contact us with questions,

feedback, or otherwise correspond with us online.

• Usage information, such as information about how you use the Service or view content, as well as other

products and services of Positive Development (including any Positive Development devices), how you

interact with us, and information you provide when you use any interactive features of the Service.

• Other information that we may collect which is not specifically listed here, but which we will use in

accordance with this Privacy Policy or as otherwise disclosed at the time of collection.

Information we obtain from other third parties. We may receive personal information about you from third-party

sources. For example, we may collect information from your developmental client coaches, speech therapists,

occupational therapists, physical therapists, therapists and related therapy providers (collectively, “Clinicians”)

who are Subscribers. Such information may include your diagnosis and onset data. We only use this data to allow

your Clinicians to provide its services to you through the Services. Personal Information may include Protected

Health Information (“PHI”), which we may collect, process, and store, on behalf of our Subscribers.

Clinicians may record therapy sessions with you (or your child) using means outside of our Services, and in such

event Clinicians, rather than Positive Development, are responsible for securing any necessary consents from you

and storing such recordings. Positive Development will maintain such recorded sessions that our uploaded by

Clinicians through the Services only for as long as the Clinician and patient maintain a relationship; provided,

however, you may opt-in to additional sharing as described below in “Your Choices”.

Cookies and Other Information Collected by Automated Means

We, our service providers, and our business partners may automatically log information about you, your computer

or mobile device, and activity occurring on or through the Service. The information that may be collected

automatically includes your computer or mobile device operating system type and version number, manufacturer

and model, device identifier (such as the Google Advertising ID or Apple ID for Advertising), browser type, screen

resolution, IP address, general location information such as city, state or geographic area; and information about

your use of and actions on the Service, such as pages or screens you viewed, how long you spent on a page or

screen, navigation paths between pages or screens, information about your activity on a page or screen, access

times, and length of access. Our service providers and business partners may collect this type of information over

time and across third-party websites and mobile applications.

In our mobile application, we may collect this information directly or through our use of third-party software

development kits (“SDKs”). SDKs may enable third parties to collect information directly from our App.

See our Cookie Policy for more information.

Referrals

Users of the Service may have the opportunity to refer contacts to us. If you are an existing user, you may only

submit a referral if you have permission to provide the referral’s contact information to us so that we may contact

them.

How We Use Your Personal Information

We use your personal information for the following purposes and as otherwise described in this Privacy Policy or at

the time of collection:

To operate the Service. We use your personal information to:

• provide, operate and improve the Service

• provide information about our products and services

• establish and maintain your user profile on the Service

• enable security features of the Service, such as by sending you security codes via email or SMS, and

remembering devices from which you have previously logged in

• communicate with you about the Service, including by sending you announcements, updates, security

alerts, and support and administrative messages

• understand your needs and interests, and personalize your experience with the Service and our

communications

• provide support and maintenance for the Service

• respond to your requests, questions and feedback

For research and development. We analyze use of the Service to analyze and improve the Service and to develop

new products and services, including by studying user demographics and use of the Service.

To send you marketing and promotional communications. We may send you Positive Development related

marketing communications as permitted by law. You will have the ability to opt-out of our marketing and

promotional communications as described in the Opt out of marketing section below.

To comply with law. We use your personal information as we believe necessary or appropriate to comply with

applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government

authorities.

For compliance, fraud prevention, and safety. We may use your personal information and disclose it to law

enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect

our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) enforce

the terms and conditions that govern the Service; and (c) protect, investigate and deter against fraudulent,

harmful, unauthorized, unethical or illegal activity.

With your consent. In some cases, we may specifically ask for your consent to collect, use or share your personal

information, such as when required by law.

To create anonymous, aggregated or de-identified data. We may create anonymous, aggregated or de-identified

data from your personal information and other individuals whose personal information we collect. We make

personal information into anonymous, aggregated or de-identified data by removing information that makes the

data personally identifiable to you. We may use this anonymous, aggregated or de-identified data and share it

with third parties for our lawful business purposes, including to analyze and improve the Service and promote our

business.

How We Share your Personal Information

We do not share your personal information with third parties without your consent, except in the following

circumstances or as described in this Privacy Policy:

Clinicians. We may share your personal information with Clinicians who are Subscribers and who have invited to

you to join the Services.

Affiliates. We may share your personal information with our corporate parent, subsidiaries, and affiliates, for

purposes consistent with this Privacy Policy.

Service providers. We may share your personal information with third party companies and individuals that

provide services on our behalf or help us operate the Service (such as customer support, coaches, hosting,

analytics, email delivery, marketing, and database management services). These third parties may use your

personal information only as directed or authorized by us and in a manner consistent with this Privacy Policy and

are prohibited from using or disclosing your information for any other purpose.

Professional advisors. We may disclose your personal information to professional advisors, such as lawyers,

bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

For compliance, fraud prevention and safety. We may share your personal information for the compliance, fraud

prevention and safety purposes described above.

Business transfers. We may sell, transfer or otherwise share some or all of our business or assets, including your

personal information, in connection with a business transaction (or potential business transaction) such as a

corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of

bankruptcy or dissolution.

Your Choices

Access or Update Your Information. If you have registered for an account with us, you may review and update

certain personal information in your account profile by logging into the account.

Revocation/opt out of marketing communications. You may opt out of marketing-related emails by following the

opt-out or unsubscribe instructions at the bottom of the email, or by contacting us at

privacy@positivedevelopment.com. You may continue to receive service-related and other non-marketing emails.

If you receive marketing text messages from us, you may opt out of receiving further marketing text messages

from us by replying STOP to our marketing message.

Opt-In to Continued Use of Videotaped Sessions: By default, Positive Development will only use the recorded

therapy sessions between patients and Clinicians that are uploaded by Clinicians to the App or Website solely to

provide the Services to the applicable patient and Clinician during the period that the Clinician and patient

maintain a relationship. However, as a patient, you have the opportunity to opt-in to allow us to continue to use

the videotaped session beyond the termination of any such relationship between the patient and Clinician to

provide and improve our Services. Once you have opted into additional sharing, you may revoke such opt-in

consent at any time by contacting us at privacy@positivedevelopment.com.

Cookies & Browser Web Storage. We may allow service providers and other third parties to use cookies and

similar technologies to track your browsing activity over time and across the Service and third-party websites. For

more details, see our Cookie Policy.

Choosing not to share your personal information. Where we are required by law to collect your personal

information, or where we need your personal information in order to provide the Service to you, if you do not

provide this information when requested (or you later ask to delete it), we may not be able to provide you with our

services. We will tell you what information you must provide to receive the Service by designating it as required at

the time of collection or through other appropriate means.

Other sites, mobile applications and services

The Service may contain links to other websites, mobile applications, and other online services operated by third

parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In

addition, our content may be included on web pages or in mobile applications or online services that are not

associated with us. We do not control third party websites, mobile applications or online services, and we are not

responsible for their actions. Other websites and services follow different rules regarding the collection, use and

sharing of your personal information. We encourage you to read the privacy policies of the other websites and

mobile applications and online services you use.

Security practices

The security of your personal information is important to us. We employ a number of organizational, technical and

physical safeguards designed to protect the personal information we collect. However, security risk is inherent in

all internet and information technologies and we cannot guarantee the security of your personal information.

Children

As a general rule, children are not allowed to use the Service, and we do not collect personal information from

them. We define "children" as anyone under the age of 13. If we learn that we have collected personal information

of a child without the consent of the child’s parent or guardian, we will delete it. We encourage parents with

concerns to contact us.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy,

we will notify you by updating the date of this Privacy Policy and posting it on the Service. We may, and if required

by law will, also provide notification of changes in another way that we believe is reasonably likely to reach you,

such as via e-mail (if you have an account where we have your contact information) or another manner through

the Service.

Any modifications to this Privacy Policy will be effective upon our posting the new terms and/or upon

implementation of the new changes on the Service (or as otherwise indicated at the time of posting). In all cases,

your continued use of the Service after the posting of any modified Privacy Policy indicates your acceptance of the

terms of the modified Privacy Policy.

How to Contact Us

Please direct any questions or comments about this Policy or privacy practices to

privacy@positivedevelopment.com. You may also write to us via postal mail at:

Positive Development, Inc.

Attn: Legal – Privacy

222 East Huntington Drive, Suite 211

Monrovia, CA 91016

Cookie Policy

This Cookie Policy explains how Positive Development, Inc. (“Positive Development”, “we”, “us” or “our”) uses

cookies and similar technologies in connection with the Positive Development App mobile application (the “App”)

and Clinicians Portal (the “Portal”).

What are cookies?

Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies

serve different purposes, like helping us understand how a site is being used, letting you navigate between pages

efficiently, remembering your preferences and generally improving your browsing experience.

Our App, Website, and Portal may use both session cookies (which expire once you close your web browser) and

persistent cookies (which stay on your computer or mobile device until you delete them).

We use two broad categories of cookies: (1) first party cookies, served directly by us to your computer or mobile

device, which we use to recognize your computer or mobile device when it revisits our App or Portal; and (2) third

party cookies, which are served by service providers or business partners on our App and Portal, and can be used

by these parties to recognize your computer or mobile device when it visits other websites. Third party cookies can

be used for a variety of purposes, including usage analytics, advertising and social media features.

What types of cookies and similar tracking technologies does Positive Development use on the App and Portal?

On the App, we use cookies and other tracking technologies in the following categories described in the table

below.

Type

Description

Who serves the

cookies?

How to control them

Analytics

These cookies help us

understand how our

Service is performing and

being used. These

cookies may work with

Google Analytics

See ‘your choices’ below.

Google Analytics uses its own cookies. You can

find out more information about Google

Analytics cookies here and about how Google

web beacons included in

emails we send to track

which emails are opened

and which links are

clicked by recipients.

protects your data here. You can prevent the

use of Google Analytics relating to your use of

our App by downloading and installing a browser

plugin available here.

Functional

These cookies help

functioning of the

Website and turning

them off could result in a

sub optimal experience.

Square Space

See ‘your choices’ below.

Square Space uses cookies to help run the

Website effectively and provide the best

experience for visitors. To find out more about

the information collected, click here.

Essential

These cookies are

necessary to allow the

technical operation of

our Service (e.g., they

enable you to move

around on a website and

to use its features).

Microsoft Azure

Active Directory

B2C

See ‘your choices’ below.

These cookies are used to assist in securely

signing into the App. More information about the

information collected could be found here.

Your choices

For more information about cookies, including how to see what cookies have been set on your computer or mobile

device and how to manage and delete them, visit www.allaboutcookies.org. If you do not accept our cookies, you

may experience some inconvenience in your use of our App. For example, we may not be able to recognize your

computer or mobile device and you may need to log in every time you visit our App.

Users may opt out of receiving targeted advertising on websites through members of the Network Advertising

Initiative by clicking here or the Digital Advertising Alliance by clicking here. European users may opt out of

receiving targeted advertising on websites through members of the European Interactive Digital Advertising

Alliance by clicking here, selecting the user’s country, and then clicking “Choices” (or similarly-titled link). Users of

our App may opt out of receiving targeted advertising in mobile apps through participating members of the Digital

Advertising Alliance by installing the AppChoices mobile app, available here, and selecting the user’s choices.

Please note that we also may work with companies that offer their own opt-out mechanisms and may not

participate in the opt-out mechanisms that we linked above.

If you choose to opt-out of targeted advertisements, you will still see advertisements online but they may not be

relevant to you. Even if you do choose to opt out, not all companies that serve online behavioral advertising are

included in this list, and so you may still receive some cookies and tailored advertisements from companies that

are not listed.

For more information about how we collect, use and share your information, see our Privacy Policy.

Changes

Information about the cookies we use may be updated from time to time, so please check back on a regular basis

for any changes.

Questions

If you have any questions about this Cookie Policy, please contact us by email at

privacy@positivedevelopment.com.

Last modified 03/01/2021.